| The combination of the particularities of software creation with the new modes of organization and distribution through the Internet has given rise to the new free/libre/open source (F.L.O.S.S) model of intellectual property (IP) protection. This thesis will critically examine both this model and the traditional models of IP protection which have been applied to software, that is, copyright and patents. After an assessment of their strengths and weaknesses, particularly from social, technological, competitive, and economic perspectives, this thesis will suggest some adaptations of the F.L.O.S.S model which are deemed to keep its main strengths while allowing the users of the traditional model to continue with their economic activity unharmed. These adaptations are partly based on the US first sale doctrine, and take the form of an open copyright model coupled with a system of compulsory licenses which function as a reward system to maintain an economic incentive. |
