The Research Of Open Source Software Intellectual Property Risk Countermeasures

Although we have entered the knowledge economy age, using more and more high-teck products, but as individuals, we seem to more ignorant than any generation. Our ignorance comes from the knowledge explosion brought by increasingly close social division, which is also reflected in the consumption of "information asymmetry". When "knowledge" is legally coating asylum, and appears to people's eyes with intellectual property rights, the contradiction between known and ignorant has generated. When "knowledge" due to the protection of the law which makes it to have all the features of power. When "knowledge" can control and enslave other people, it will inevitably lead to the knowledge control and the control of struggle. In recent years, as a new software pattern, open source software has a rapid development in the global scope, its idea of open and free is pervasive, but the movement's purpose is not negate intellectual property rights, it is caused because of a variety of closed source of unreasonable phenomenon and national enterprise information security threats in particular background. The movement of intellectual property rights, Copyright far-reaching impact from the inheritance to Copyleft counterattack even with the Copywrong puts forward; From IBM to give up more than a thousand patents to a launch of CDDL permits by SUN INC.. Its essence focus on the rights of intellectual property system and balancing interests. All this has built on the basis of intellectual property rights. The historical stream provides a good opportunity for our software property, and also provides a possibility of spanning development for our country's basic software industry. This paper is to research the existing problems of the open source software under traditional intellectual property rights protection system, gains the rational knowledge of open source software movement. Take a combined analysis of open source software and traditional way of intellectual property protection. Only in this way can we draw a correct decision, and guides the development of the software industry in China.This paper is divided into four parts:The first chapter presents the classification under the software copyright category , and the meaning of open-source software.The second chapter discusses the theoretical basis of open source software's development.The third chapter presents the risks of open source software in the current intellectual property system. The analysis of the risk is mainly from copyright, trademark right, patent right, with specific cases, analyzes the existing problems of the risk.The fourth chapter ,according to the risk mentioned in the last chapter, on the basis of foreign open source software protection strategy, put forward my own opinions to prevent the open-source software intellectual property risk from the perspective of China's national conditions.