Open Source Software Paradigm and Intellectual Property Rights

Abstract

Open source software represents a paradigm shift in the field of software development. This new community based software development model, instead of relying on the conventional proprietary model of limited access, invites programmers globally, to freely copy, share, and modify the software. It is a misconception to believe that the general approach of open source software (OSS) towards IP laws and focuses on specific issues that emanate from the interaction of the OSS model with the existing intellectual property rights structure. How IP open source programs are placed in the public domain; they are very much protected by intellectual property laws, but distributed under terms which instead of being restrictive promote access. This way it challenges the established norms of all existing branches of intellectual property. The open source movement necessitates scrutiny; more than just being a new fangled approach, it catalyses debate regarding both the mode of software production and its protection. It is being used to propel arguments to revisit intellectual property jurisprudence. After all, the intention of the intellectual property-software system is to catalyse innovation and ultimately serve the society. How IP impacts on the OSS model and how OSS uses IP in a novel way to achieve its ends are discussed in this article.