The Legal Risks Of Open Source Software License And How To Make It Perfect

The emergence of the open source software has brought tremendous impact to the software industry, when the public feel the unique charm of the open source software, they can also get real benefits from it .The open source software has their own characteristics : it works very differently with common software .This feature affects the world .The ordinary developers of the Microsoft software control the software absolutely, they do not release the algorithms of the software, therefore the modifies and upgrades of the software can be allowed only by themselves. That is the key to the door is in their own hands, others can not entry and improvement the decoration inside. As a result, it takes great affects to the right of improve the software of the enthusiasts around the world, the pace of the software take progress is slow, and we can imagine the impacts to the users of software. The software produced by software companies absolutely, forming a monopoly, so the users must pay relative high expense when they use the software. The rise of the open source software changes this situation gradually. It publishes algorithms, and then users can modify the software, the majority of the users become changers and publishers of the software, so the cost of the software will be lower than before, at the same time, it has high efficiency and quality.People can use more perfect software, so we need protect the open source software better, to explore risks of the protection ways existed now, that is to study the legal risks of the open source software licenses.So I tried to propose some practical suggestions to the risks, these suggestions can help the open source software grows more robust.The case of breach contracts about the open source software is still less now, so we don't have many specific cases to study. However, we can learn by ourselves, take our own thinking on the operation and to find loopholes and plug the loopholes by using the careful thinking of the legal persons have.This paper studies from four aspects as following:The first part discusses the definition of the legal risks of the open source software. From the social basis of the open source software existence, then talk about the definition of the open source software, so everyone will understand the differences between the open source software and others clearly, to the effective way of protect the open source software -the open source software licenses, and raised the legal risks of the open source software licenses finally.On the one hand analysis legal risk perceptions about the legal risks of open source software licenses by the characteristics of the open source software licenses .On the other hand, talk about the causes of legal risk of the open source software licenses by comparing with the perfect protection system of the traditional software licenses. Take sub-four small talk about the reasons .The open source software licenses can not use the traditional protection system because of its unique features.The second part compared Chinese system and the foreign system of the legal risks of the open source software license. This part analysis the legal risk of the open source software licenses from three aspects: unsecured risk, copyright and patent infringement risks. We can conclude that legal risk can be avoided effectively.The third part discusses using the system of intellectual property to make the system of the risk of the open source software licenses more perfect .This section will talk improving the legal risks of the open source software licensing system by using the system of intellectual property.The fourth part discusses the specific recommendations of the improvement of the legal risks of the open source software license system. From the judicial practice recommendations about the feasibility, rather than prosecution of tort claims to breach of contract, arbitration instead of litigation, arbitration instead of the principle of reconciliation, judicial practice in the face of specific cases; the feasibility of the recommendations from the system discussed, talked about from the three specific areas in the system to do the legal risks of open source software licensing deal with System. To develop domestic version of the open source software license, refuse to grant software patents, establish appropriate institutions to management effectively.Finally, the legal risks of the open source software licenses can be avoided completely. Our government should support the development of the open source software.