A Study Of Internal Mechanism And Incentive System In Open Source Software

Open Source Software is a kind of software which is based on the conception of opening, freedom and sharing, the developers authorize the users with Open Source Software license to freely use, duplicate, modify and re-publish the software under limited conditions. The emergence of Open Source Software has challenged the traditional intellectual porperty protection model which is focused on the exclusive property right. Open Source Software has restored the non-rival and non-excludability of information products,t, it will urge the maximum effect of code-intelligence sharing and spreading under the premise of private knowledge product effective supply.The understanding of internal mechanism and incentive system of Open Source Software is a key for studying the healthy and sustainable development of Open Source Software in china.There are many problems inthe development of the Open Source Software in china presently, such as the ambiguity of attribute definition, the imperfection of legal mechanism, the ambiguity of incentive mechanism, the weakness of creation in Open Source Community, insufficient application and support from government etc.. In the aspect of legal mechanism, the present law and regulation of cyber software protection in China can not provide the comprehensive and effective protection for the benefit of Open Source Software developer. Therefore,this article based on the study and analysis of Open Source Software’s internal mechanism and incentive mechanism to find the proper mechanism for Open Source Software. Based on the empirical analysis of Open Source Software internal mechanism and hierarchical pattern, this article deems that the internal mechanism of Open Source Software’s creation and spreading reflected as all the individual developer and enterprise’s material and nonmaterial behavior which put into the whole lifecycle of Open Source Software.in the factors of motivation of individual developer or enterprise, Open Source Software license and legal regulation, Open Source Community collaborative development and government support which affect the development of Open Source Software in china, the importance of individual developer or enterprise motivation, Open Source Software license and legal mechanism is especially prominent. The motivation of individual developer includes the study requirement,reputation promotion, free dedication spirit; the motivation of enterprise developer includes the software development requirement of itself, economical interest, technical talent attraction, image and status promotion.Based on the code-intelligence sharing, this article analyzed the consideration mechanism between Open Source Software private right protection and intelligence sharing promotion, this consideration means the“copyleft” authorization mechanism which is to legally confirm the copyright of the Open Source Software developer and furtherly admit and protect the creative labor value of Open Source Software, the Open Source Software developer can demise part of the intellectual property to the user through the way of Open SourceSoftware authorization license, the authorized user can freely use, copy, modify and distribute the software with the authorization license, and by obtaining these right, the authorized user will be obligated to share and public the source code after modification; to activate the individual intelligence expression through strengthening the legal protection of Open Source Software developer’s moral right, and fulfill the purpose of maximizing intelligence sharing spreading through the proper code source allocation under the fair premise. This article proposed the suggestions of perfecting the Open Source Software regulations and laws in China and pointed out the future researching direction.