1. Copyright or copyleft?
- Author
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De Laat, Paul B.
- Subjects
Intellectual property -- Analysis ,Intellectual property law -- Analysis ,Intellectual property ,Product licensing ,Business ,Business, general ,Social sciences - Abstract
To link to full-text access for this article, visit this link: http://dx.doi.org/10.1016/j.respol.2005.07.003 Byline: Paul B. de Laat Keywords: Commons; Intellectual property rights; Licensing; Open source; Software Abbreviations: BSD, Berkeley Software Distribution; FSF, Free Software Foundation; GPL, General Public License; IPRs, intellectual property rights; LGPL, Library (or Lesser) General Public License; MPL, Mozilla Public License; NPL, Netscape Public License; OSI, Open Source Initiative Abstract: Two property regimes for software development may be distinguished. Within corporations, on the one hand, a Private Regime obtains which excludes all outsiders from access to a firm's software assets. It is shown how the protective instruments of secrecy and both copyright and patent have been strengthened considerably during the last two decades. On the other, a Public Regime among hackers may be distinguished, initiated by individuals, organizations or firms, in which source code is freely exchanged. It is argued that copyright is put to novel use here: claiming their rights, authors write 'open source licenses' that allow public usage of the code, while at the same time regulating the inclusion of users. A 'regulated commons' is created. The analysis focuses successively on the most important open source licenses to emerge, the problem of possible incompatibility between them (especially as far as the dominant General Public License is concerned), and the fragmentation into several user communities that may result. Author Affiliation: Faculty of Philosophy, University of Groningen, Oude Boteringestraat 52, 9712 GL Groningen, The Netherlands Article History: Received 22 April 2004; Revised 6 July 2005; Accepted 7 July 2005
- Published
- 2005