Open Source Software Concepts.edited
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OPEN-SOURCE SOFTWARE CONCEPTS 1
Open-Source Software Concepts
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OPEN-SOURCE SOFTWARE CONCEPTS 2
The Intellectual Property the Company should Acquire
A solid intellectual property rights plan must include both a competition analysis and a
risk analysis, as well as the company's long-term economic goals. A company's intellectual
property rights strategy may also include a plan outlining the extent to which and how it is
prepared to safeguard its intellectual property rights in the occasion of infringement, such as
pirate copying of one of its products or the unauthorized use of copyright-protected material
(Bamakan et al., 2022, p. 2). Numerous consultants in the area of intellectual property rights
have as their business model assisting corporations in developing an intellectual property rights
approach and offering services including applying for, obtaining, maintaining, and defending a
company's intellectual property rights.
The firm needs IP protection to capitalize on new ideas, improve existing offerings, strike
a good balance between rivalry and creativity, and meet the wants of its clientele. To be
successful in today's global economy, businesses can't risk having their IP violated (Bamakan et
al., 2022, p. 3). Protecting one's brand and the intellectual property offers a company a leg up on
the competition. Because they allow us to profit from our innovations, safeguard our customers'
interests, and get the most out of their investments, the company places a high premium on
intellectual property protections.
The business should employ copyrights, trademarks, and patents to stop competitors from
using the same visual or aural elements in their goods as they do. The firm is dedicated to
safeguarding the freedom of people to produce and market their products, provided that doing so
does not infringe upon the intellectual property rights of other parties (Bamakan et al., 2022, p.
3). Protecting people's right to their ideas is an important way to carry on our founder's work and
help the world progress. The company's intellectual property rights may be especially important
OPEN-SOURCE SOFTWARE CONCEPTS 3
in the software industry. They were instrumental in shaping the company's business approach and
roadmap for developing new products.
Our company's future success depends on the security of our intellectual property. Our
current market dominance may be attributed to our innovative products and services, including
our commitment to R&D. We aim to provide our clientele with cutting-edge digital services,
applications, and resources. To achieve this goal, Holland et al. (2018, p. 3) propose that
businesses should cooperate with partners and rivals to exchange ideas and create new products,
retain the value of their intellectual property via a strict patent strategy, and offer licenses to
others so that they may use or integrate certain patents in their works. While building successful
enterprises, many companies place a premium on protecting their intellectual property.
The firm plans to protect its proprietary status using the following measures. The
company has built an excellent code base that complies with all legal requirements, is readable,
and can be easily understood by others. The company will not reveal any information subject to a
legal need for disclosure without a valid justification. Workers can choose who inside the
organization has access to and control how they may use their data, as mandated by law (Holland
et al., 2018, p. 5). Those who need access to private information can only see it if it is modified
securely.
To maintain its status as an exclusive provider, the firm has to implement several
measures, including standardizing processes across all products, bolstering the DRM security
provided by its Flash Media Server (FMS), and creating content protection instruments. The
company may keep its monopoly if it takes great care to ensure that its goods are always cutting-
edge. Avoiding this issue requires keeping the software and processes up to date, adopting novel
ideas, and making other adjustments to ensure products are always on trend (Trimble, 2019, p.
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OPEN-SOURCE SOFTWARE CONCEPTS 4
501). Many precautions must be taken to ensure the firm retains its exclusive nature. As a
frontrunner in digital media and services, the firm is focused on building innovative tools that
enable individuals all over the globe to share their ideas, work with others, and make meaningful
connections (Trimble, 2019, p. 501). Security is a key component of this approach. The strategy's
objective is to appropriately identify and manage any non-patentable data the corporation may
gather as part of its research program.
Two types of open-source software licensing
The two types of open-source software licensing that I recommend are copyleft and
permissive licenses.
Permissive License
A permissive license, often known as a non-copyleft license, grants users permission to
use, alter, and distribute the source code, with the flexibility to modify certain conditions and
terms for redistribution, particularly derivative works. A derivative work in software is a
computer program built on an existing program (Alamoudi et al., 2020, p. 538). If the original
work was published under a permissive license, our company might opt to distribute their
derivative work under conditions other than those required under the original work's license. An
example is the Boost Software License. The Boost Libraries of C++ are responsible for the Boost
Software License, officially recognized by the Open Source Initiative in 2008 (Alamoudi et al.,
2020, p. 538). This license is comparable to the MIT and BSD licenses, except that no credit
must be given when a binary version of the work is redistributed.
Copy Left License
OPEN-SOURCE SOFTWARE CONCEPTS 5
A copyleft license allows users to use, alter, and distribute the source code but protects
relicensing through particular limitations and requirements. This implies that software users who
create derivative works must distribute them under the same copyleft license conditions as the
original work (Dulong de Rosnay and Stalder, 2020, p. 8). This reciprocity is a distinguishing
characteristic of copyleft licenses, and its purpose is to safeguard the authors' objectives by
guaranteeing that users have the same set of permissions when using derivative works of the
original program. Users can change the program and distribute it under a permissive license.
Additionally, producers of software developed from permissively licensed software may alter the
licensing terms for redistribution (Dulong de Rosnay and Stalder, 2020, p. 8). The Free Software
Foundation has produced many versions of the GNU General Public License (GPL), and GitHub
users have their pick of four of them.
If chosen, GPL v3.0 will enable the company to declare any changes to the source and
make that original code accessible when sharing any binaries applied to their project under that
licensed software. This license made it simpler to collaborate with other licenses like Apache,
which the original version did not support (Ombredanne, 2020, P. 107). There was a previous
version of the GNU Public License (GPL) before the current GPL v3.0. This license is quite
similar to v3.0 in terms of the requirements it imposes. However, it is a more stringent copyleft
license. For a copyleft license to be considered "strong," it must stipulate that any changes to the
source code must be shared under the same terms. Unlike previous versions, v2.0 does not
restrict the distribution of works by software users who comply with the license's terms
(Ombredanne, 2020, P. 107). The purpose of this provision is to protect licensees against third-
party patent infringement claims that would restrict licensees' rights under this agreement.
OPEN-SOURCE SOFTWARE CONCEPTS 6
In addition to GPL v2.0, there is also GNU LGPL (GNU Lesser General Public License)
v2.1. This license is intended to bridge the gap between more restrictive and permissive copyleft
licenses. According to Ombredanne (2020, p. 107), the primary distinction is that under the
LGPL, users are allowed to mix an LGPL software component with their own without having to
provide the source code for their work. Distributing a hybrid library that draws from both the
LGPL library and another library is permitted, but only if the user distributes a copy of the other
library and provides its location. The GNU Affero General Public License, version 3.0 (AGPL),
is yet another free software license from the GNU Project (Ombredanne, 2020, p. 107). The key
distinction with this license is that it is unique to software applications used on a server.
According to the terms of this license, users who host modified versions of programs must make
their changed versions' source code publicly accessible for download.
The business needs to know the various open-source software licenses to choose how we
want others to use our work. Users must recognize these licenses to comprehend the permissions
or limits imposed by the agreement they entered into while utilizing the creator's work. Again,
once the completion, any original work will retain copyright, but without a license, it is unclear
to others who want to use it what is and is not permitted (Makari et al., 2022, p. 83). The open-
source community takes pleasure in fostering an environment that stimulates cooperation and
creativity. Open-source software licenses encourage user participation in community
development. This fosters a shared feeling of duty to continuously enhance the source code or
grow the software for the good of everybody. If one wants to exert additional control over the
company’s work, we should choose a license that allows us to impose such limits. For example,
we may use a copyleft license if we want derivative works to provide the same rights as the
original license. Moreover, an open-source software license makes it clear to future users how
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OPEN-SOURCE SOFTWARE CONCEPTS 7
much control they have over the work; whether this is a great deal or a small amount is up to
you. Using an open-source license may put the company on the map if we want to enter the
software market. The Linux operating system, Firefox and the Android by Google web browser
are well-known examples of open-source software built to compete against established
proprietary competitors.
Legal Impacts of Open-Source Software
Legal concerns can hamper the growth of Open Source projects. Companies working on
Open Source software need to identify better the right license for their company's particular
needs. Because of this, several people have filed lawsuits. Trimble (2019, p. 501) establishes that
the acquisition of a program license is a direct breach of copyright legislation. Therefore, it
generates a responsibility for dangerous damages, and most Open Source software firms have
failed to control their generated software, leading to Open Source license in possession
violations. Therefore, the first problem of blending Open Source with proprietary software
licenses. Secondly, Open source software can have a host of legal issues, such as license scope,
automatic termination, incompatible licensing, and calls for more disclosure in the company.
Remember that copyright holders who participate in open source licensing hold the right to
regulate the alteration and distribution of copyrighted content and that open source licenses
generate "enforceable copyright conditions," irrespective of the open source license chosen
(Makari et al., 2022, p. 82). Therefore, the terms included in the open-source software are
actionable copyright conditions, whether the license imposes harsh requirements or is liberal,
provided that the product itself is susceptible to copyright protection. There are many different
open-source licenses to choose from, each with its requirements.
OPEN-SOURCE SOFTWARE CONCEPTS 8
A corporation that integrates open-source software into a consumer product runs the
danger of millions of dollars in penalties if it makes a mistake doing so because of the automatic
termination of the license. One of the problems with open-source software is that the
documentation is of such low quality that it hinders its use. Their documentation is uneven and
either insufficient or poorly maintained (Makari et al., 2022, p. 86). Thirdly, this could happen to
the company due to a lack of enthusiasm and commitment from the team working on the project.
The increased control afforded by proprietary software makes it easier for the user to do formerly
daunting tasks. On the other hand, Open Source software requires a user to deeply understand the
program's goals to do the work at hand properly.
In addition, the fourth problem that the company may face is that Open Source has a
wizard-style user interface, which might be problematic when it does not provide enough
opportunity for the user to make the modifications regarding the responsibilities needed (Makari
et al., 2022, p. 90). It is much easier to direct activities and ability to discover and repair
problems in software with a familiar and comprehensive interface.
The Open Source license has yet to be completely construed in the courts, and
fundamental questions over its scope remain unresolved despite the spike in interest and usage of
Open Source software. The Open Source License applies to "collective works" and "derived
works" of software licensed under the GPL. Copyright law and artistic expression recognize
derivative and collaborative works (Makari et al., 2022, p. 90). In this sense, they may be
understood broadly to include translations, reproductions of works of art, and abridgements,
among other works built on one or more original works. On the other hand, an anthology or
encyclopedia is an example of a joint production. Given the unique environment in which
OPEN-SOURCE SOFTWARE CONCEPTS 9
software programs work, copyright law needs to be better suited to the field and is notoriously
difficult to comprehend.
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OPEN-SOURCE SOFTWARE CONCEPTS 10
References
Alamoudi, E., Mehmood, R., Aljudaibi, W., Albeshri, A. and Hasan, S.H., 2020. Open source and
open data licenses in the smart infrastructure era: Review and license selection
frameworks.
Smart Infrastructure and Applications
, pp.537-559.
Bamakan, S.M.H., Nezhadsistani, N., Bodaghi, O. and Qu, Q., 2022. Patents and intellectual
property assets as non-fungible tokens; key technologies and challenges.
Scientific
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Dulong de Rosnay, M. and Stalder, F., 2020. Digital commons.
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Holland, M., Stjepandić, J. and Nigischer, C., 2018, June. Intellectual property protection of 3D
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Makari, I.S., Zerouali, A. and De Roover, C., 2022. Prevalence and Evolution of License
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on Software and Software Reuse
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Ombredanne, P., 2020. Free and open source software license compliance: tools for software
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Trimble, M., 2019. The territorial discrepancy between intellectual property rights infringement
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