Studies On The Intellectual Property Protection Of Open Source Software

The appearance of open source software is the milestone on the development course of computer software field. Compared with the limitation of traditional software because of funding or copyright problems, the advantages of open source software which can be modified, be free to copy, be applied without charge, have brought about unprecedented popularization for the development and use of software. Remarkably, the spirit of equality, freedom and collaboration promoted by open source software, has put the idea of sharing knowledge and information into practice, and has balanced the relationship between sharing and protection of intellectual property rights.Analyzing from the definition and the development history of open source software, this article demonstrates the characteristic of open source software different from traditional commercial software. Subsequently, the article analyzes respectively the complex relationships, that is integration and challenge, between open source software and the copyright system, the patent system and the commercial secret system, trying to find a reasonable way in the intellectual property field to protect open source software, so as to balance the relationship between the interests of the owners and the public. Through the reflection on intellectual property system from open source software,it is concluded that open source software should be applied a protection of combination of comprehensive manners, combined with its own characteristics and the situation of software industry, to obtain better protection. Finally, the article analyzes the intellectual property protection of open source software from the level of software industry and software developers, so as to give broader ideas for the development and improvement of the intellectual property system in China.