Research On Copyright Protection Of Open Source Software

In the 21 st century,the information industry represented by computer software,Internet and communication services has played an irreplaceable role in the operation of the national economy.It has gradually become the leading industry for the development of innovative countries and has become a new driving force for the development of the national economy.Open source software is a special type of software generated to counter the monopoly of commercial software giants.It plays a huge role in spreading the spirit of free sharing and promoting software technology innovation.The rapid rise of domestic Internet companies in recent years can be said to be the result of actively embracing open source.But with the widespread use of open source software,the risks brought by the particularity of its copyright protection also becoming more and more apparent,some enterprises have even fallen into the copyright infringement.Faced with this situation,the existing research on legal issues of open source software in our country cannot provide suitable solutions.Thus,it is necessary to study the legal issues of open source software in copyright protection under the new situation.This paper is divided into four parts:Part I: Overview of Open Source Software.Firstly,it expounds the rising course of the open source movement and defines the open source software by reference to the OSIA standard.Then,through carding the present situation of open source software and its future trend,it shows strong vitality of open source software,deepens the knowledge and spirit value of open source software.Part two: The theoretical deconstruction of open source software copyright protection.Firstly,it analyzes the legitimacy and necessity of the protection of open source software copyright,and reveals the particularity of the copyright protection of open source software.On the basis of recognizing the traditional copyright,the publisher is compelled to disclose the source code and realize the user’s rights of arbitrary use,copying,modification and redistribution through software copyright license.Then,the licensing system,which is the core of open source software copyright protection,is analyzed and studied to pave the way for subsequent writing.Part III: Practical Review of Copyright Protection of Open Source Software.This part puts forward the problems existing in the practice of copyright protection of open source software: the risk of copyright infringement before the actual disputes and the copyright disputes after the actual disputes.By studying the typical cases and events at home and abroad,this paper summarizes five kinds of infringement risks that may be encountered in the development and dissemination of open source software,and explores the source of the infringement risks of open source software copyright.By analyzing the specific forms of open source software copyright disputes,the causes of such copyright disputes are clarified.Part IV: Suggestions on strengthening copyright protection of open source software.This part mainly solves the problems existing in the practice of copyright protection of open source software.The prevention of copyright infringement risk of open source software lays particular emphasis on beforehand.Through strengthening the management of development and dissemination process,we can control the copyright infringement risk from the source.The solution of open source software copyright disputes lays particular emphasis on the afterwards.At this time,the actual disputes have occurred,and it is necessary to propose feasible remedies.Firstly,it is concluded that the violation of open source software license not only constitutes a breach of contract,but also constitutes copyright infringement,involving the concurrence of civil legal liabilities,and make an analysis the ways of assuming different legal liabilities.Then,on the basis of the concurrence of civil legal liability and referring to the judicial practice of foreign related dispute settlement,the remedies for violation of open source software license in China are put forward.Finally,from the actual situation of our country,the feasibility of this relief method is analyzed.