Research On Intellectual Property Issues Of Open Source Software In My Countr

With the development of emerging technologies such as big data,cloud computing,AI artificial intelligence,and blockchain,the open source code as the basis has effectively promoted the benign competition in the industry,and China’s "14th Five-Year Plan" will also promote the development of open source software into the planning,open source code has gradually become the "source" of technology update iteration,and plays an important supporting role in the rapid development of Internet technology.At present,China’s open source software started late,although in the field of open source software,the intellectual property infringement of open source software can be regulated through China’s existing legal system and the terms of open source licenses,and intellectual property risks can be avoided,but there are still many problems at the actual judicial level.Through the analysis of the current research status at home and abroad,the current research on open source software mainly focuses on the issues of open source license and intellectual property rights.On this basis,this paper also studies the difficult problems of open source software intellectual property rights based on cases.Chapter 1 briefly introduces the basic knowledge of open source software and the concept,legal nature,types,development history,copyright and copyright relationship of open source software and open source licenses.Starting from a narrow concept,open source software is a kind of computer software that comes with an OSI certified open source license and can be freely obtained,and the use of open source software must comply with the terms of the relevant open source license,which stipulates the rights and obligations of open source software copying,use,distribution and so on,and stipulates the relevant intellectual property rights involved in open source software to ensure the stable development of open source software.Chapter 2 examines two ways to protect intellectual property in open source software,namely legal protection and license protection.At present,the protection of open source software in China’s legal system mainly treats open source software as general commercial software,so it mainly discusses some protection points of open source software copyright,patent right and trademark right under China’s legal system.In terms of license protection,the content of the provisions is more consistent with the intellectual property protection of open source software.There are many types of licenses,starting from different types of licenses,and the protection of copyright,patent and trademark rights of some mainstream open source licenses is discussed.On this basis,the internal and external intellectual property infringement risks of open source software are briefly described.Chapter 3 analyzes the problems presented by the case through case introduction.The compatibility of license protection with China’s current legal protection system,the strong contagion of open source software,the qualification of rights protection and the intellectual property rights caused by license compatibility were put forward,and the issues were thoroughly analyzed in combination with judicial precedents.Chapter 4 addresses the problems presented in Chapter 3,and proposes that the legal system for the protection of intellectual property rights of open source software should be improved,promote the coordination and matching of open source license protection with China’s legal system,and avoid intellectual property risks through multiple means such as institutional safeguards and the use of open source tools.And innovatively proposed to consider open source software as a whole in judicial practice,give more people the right to sue,and at the same time raise the protection of open source software to the national strategic level for consideration and protection,strengthen the intellectual property protection of China’s open source software,provide reference for related litigation and disputes that may occur in the future,and provide a good environment for the development of China’s open source software industry.