What is Open Source Licensing Essay

782 Words 4 Pages
As illustrated above, open source licensing is becoming more and more dominant, especially as long as software is provided in a digital form. The purpose of this paper was to observe if and how the open source software licensing regime has challenged the protection granted to software under the intellectual property rights. In general, the outcome is that the distinct production and distribution model of open source licenses, while different, can be compatible with the legal framework of intellectual property rights protection and serve different purposes. However, a number of remaining uncertainties around the open source licenses leave room for improvements such as the possibility to make some adaptations to the license terms.
The analysis started in chapter two with examining the definition of software and the conditions and circumstances under which it is protected by two intellectual property rights, namely copyright and patent. In chapter three the questionable legal nature of software was reviewed and the possibilities to exploit rights in software –under licenses- were explained. Further, in chapter four, the definition of open source was introduced and major open source licenses currently in use were presented. A conclusion that came out was that the open-source licensing regimes are no longer confined to idealistic or academic programmers but have led to the creation of diverse licenses that provide for different possibilities and accordingly are more or less…