Open Source MovementIs it an alternative to

copyright?

Amritha V. ShenoyFinal Year LL.B. Student,

Govt. Law College,Ernakulam

Introduction

Access to source materials of end products The age of internet and impetus on the

movement Formalization of the movement and Open

Source Initiative

Arenas of open source movement

I. EducationII. MilitaryIII. LawIV. GovernmentV. Information Technology

Other arenas1.Media2. Biotechnology

I. Education MIT- open source university Project Gutenberg- free library project and e-books. Wikipedia Wikiversity Google- books, scholarly articles. Online courses Save payment to companies by adoption of open source

software and consequent decrease in cost of education. Increasing opportunities Supplemental learning materials Choosing best courses

II. Military

Use of software for security

a. cost efficient

b. flexible

c. high speed

Loophole- security setback and free access.

III. Law

Berkman Centre’s open law initiative- drafting of legal arguments in open forum

Access to case laws Scholarly articles Discussions and solutions Access to statutes- websites of government. Initiative in law making- invitation of

suggestions

IV. Government Availability of government information- transparency Improve services to citizens Citizen empowerment Promote research and development on open source

model Increase accountability, efficiency and effectiveness Innovation through suggestion- emails and blogs Cost saving- adoption of open source software

V. Information Technology

1. Open Source softwares:-

i. Operating systems- Linux, Ubuntu

ii. Scripting languages -Apache, PHP, Perl

iii. Programming language- Java

iv. 3D graphics and animation- Blender

v. Web Browser- Mozilla Firefox, Conqueror

vi. Office suite- Open Office, Star office

vii. Database- MySQL

2. Fundamental Concepts

Derived Works- Allowed by programs for distribution under same terms Free redistribution- No restriction to give away to third parties Object Code- Instruction sequence for computer processor in binary inputs. Open Source software- Source code freely available for others to view, amend

and adapt. Ownership- Exclusive right to redistribute modified versions. Proprietary software- written in object code- non disclosure of source code Source Code- text written in a computer programming language.

3. Three Freedoms

Copy the program and give away. Change the program- full access to source

code. Distribute an improved version.

4. Merits- threat to proprietary softwares

Right to program’s functionality and methodology. Essentially free, cheaper Reliable- Analogy of Delphi effect Stable Flexible Geographically dispersed contributors- speedy

improvement by fixing of errors Less prone to virus Promotes learning Sense of community

Decentralisation of ownership Disclosure of identity of all contributors- no

discrimination Commercial job offers Promotes creativity and innovation No question of piracy and consequent legal battles Alternative paradigm to avoid stringent demands of

intellectual property rights Easy licensing

5. Demerits

Technical expertise a prerequisite- supporters lack skills. Incompatibility with various computer applications Multitude of unfinished projects Limited production Quality determined by user No financial incentive Lack of sophistication and professional look Enterprising creator loses control over code Setback to foreign direct investment in software market Possibility of infringement of copyrights of others and

consequent litigation

6. Open Source licenses

Restricts deviation from the movementPrerequisites:- Free redistribution Inclusion of source code with redistribution Permission of derivative works Author’s source code retains integrity No limitation of use and confinement to certain fieldsKinds of licenses:-i. General Public License- Software and derivative work remains freeii. Berkeley Software Distribution (BSD) license- less restrictive- allow

redistribution of source code and object code iii. Mozilla Public License- Permission for commercial licensing of

derivative works. Free availability of changes to protected source codeiv. Other licenses- Subtle variations of above licenses

7. Conditions for success of open source software Communication with contributors Attainment of minimal level of technical development

before submission to open source community Role of leaders- select from alternatives, solve claims

of credit, up to date communication with contributors Modules of programs Support of facilitators like academia and internet Proper organisation

Achievement of fundamental milestone- GPL held to be valid- Progress Software Corporation v. MySQL AB

8. Challenges

Potential reaction of Microsoft Emphasis on intellectual property- copyrights Clash of open source cultural norms Competition within the market Lawsuits on contract and tort Legal battles against IPR infringement E.g.

SCO Ltd. v. IBM

9. Copyright Law

Objects:-i. To provide economic incentive and secure

economic benefitsii. Balance benefits between society and authoriii. Protection of original works of authorship- natural

right of property and encourage innovationDefinitions:-i. Copyright- Section 14ii. Computer program- Section 2(ffc)Term- Section 22- author’s lifetime + sixty yearsInfringement and liability

10. Breaking myths behind copyright

Dissemination of ideas increase their value Bargaining power of publishers Pirated items are calculated to be a loss to the

copyrighted materials Market demand leads to piracy- ignorance of initial

piracy by microsoft in underdeveloped nations Recognition and personal satisfaction as incentives Contributions for future work Impossibility of wielding of IPR’s power over internet

11. An alternative to copyright

Open source licenses are under a legal framework to prevent deviation from the movement

General public license can be incorporated in proprietary software making it open source

Distribution among public yet publisher retains source code

Free to modify programs to fit users’ needs Piracy is not an issue Impetus by internet- IPR cannot wield its power

Conclusion

Latent power of open source movement to confront Intellectual Property Rights- a bright future

Conquering new arenas Need to balance innovation and interests of

authors/developers Strict licensing and voluntary acceptance Software industry- a great employer Open but not absolutely free A boon to education and government