Analyze The Balance Of Copyright Property And Benefit-sharing Of Open Source Software

The original release of the open source software is spontaneous behavior of enthusiastswho not seeking revenue and return, However, with the commercialization of open source software, it gradually started to become a carrier of a kind of business model, for the pursuit oftheir own interests. the rights and obligations generated from the open source software are increasingly complex, and it happened to a wide variety of the open source software disputes. However, because of the special nature of the open source software, the current computer software protecting legal system and general computer software protecting theory is difficult to fully protect interests of participants. Which to be solved in urgent is more detailed, more targeted laws to be established in order to truly achieve a balance between of the copyright property and benefit-sharing. The text first introduced the open source software and its impact. Open source software market had a far-reaching impact, including a sharp increase in number and variety, forcing commercial software to lower the price, which has developed a new software business model. Subsequently, we describes the protecting system, the license system andits problems. In the third part, we analysis commercialization process of open source software and mechanisms. In the fourth part,we discuss the conflict and balance of stakeholders in the process of commercialization of open source software. Then we try to find a way to improve the mode between the copyright property and benefit-sharing. Finally,we conclude adirection of legislative control.In a word, it necessary to improve the legal system to promote the open source softwaresystem, but also to improve the sharing of the open source software.