Research On The Legal Protection Of The Operating Mechanism Of The Open Source Model

With the development of information technology,the intellectual property system based only on the "protection of private rights" can no longer well meet the needs of the development of computer software technology.In this context,the free software movement,which originated in the United States,began to fight commercial software from both technical and legal levels,and thus gave birth to open source software.Subsequently,"open source" as a cooperative learning and development model in the spirit of Internet sharing and against copyright exclusivity has been increasingly applied to other fields besides software development.Tracing back to the roots,the rights protection model of open source software and its related development model are very different from the principle of "protecting private rights" in the intellectual property system.Open source software shifts the focus of rights protection from the developers and owners of the code to the users and successors of the code,open source software through technical open source access,legally encourage or force the developers and owners of the code to allow others to obtain the code for free and convenient,greatly promote the spread and development of open source software,and facilitate the cooperation between the majority of programmers.On the other hand,although open source software opposes copyright exclusivity,the open model of open source software is based on the protection of software-related intellectual property rights.It is very necessary to strengthen the relevant system of intellectual property rights to protect open source software,and the development model of open source software contains its own unique cultural and spiritual attributes and social attributes,which play an important role in promoting knowledge innovation,and these attributes need to be protected and maintained by law.By strengthening the protection of rights related to open source software,respecting the rules contained in the model of developing open source software,and understanding the way open source software is produced and exists,we can maintain and promote the development and prosperity of the open source community through the system.It can promote the development of open source software in China.