Open source—Is it an alternative to intellectual property?

• Autores: Narendran Thiruthy
• Localización: Journal of world intellectual property, ISSN 1422-2213, Vol. 20, Nº 1-2, 2017, págs. 68-86
• Idioma: inglés
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• Resumen

  • The open source production model is being articulated as an alternative to the contemporary intellectual property model, which uses property rights as instruments of exclusion and, consequently, guarantees a market monopoly. The open source movement initially originated as a creators’ response to the extensive use of intellectual property law to protect the source code of computer programs. Even though the movement began modestly, open source has now become a practicing business model. The efficiency of the open source production model in coordinating collaborative creativity and in providing concrete results is a proven fact in the software industry. The uniqueness of this model lies in its facilitation of a distinctive use of property to build an environment, that is more conducive to collaborative production. Many theorists argue that open source has now emerged as a workable alternative to current intellectual property law, and that it resolves the many challenges intellectual property law has posed in terms of access and creativity management. This note attempts to explore the property jurisprudence and social relationships in open source and critically examines how successful the open source model is in emerging as an alternative to intellectual property.