자유/오픈소스소프트웨어의 지적재산권과 경쟁

Intellectual Property and Competition of Free/Open Source Software

Software market has been formed and developed based on Intellectual Property Rights. It is difficult to lead to cooperation among parties concerned in the software market founded on monopoly norms, which often causes businessmen to abuse their monopoly status. These side effects are occasionally corrected by the anti-trust law. However, free/open source software such as Android has led parties concerned to cooperation with the flexible application of intellectual property right. Open source licenses are the medium that draws the cooperation in the pertinent market established on monopoly norms of Intellectual Property Rights. This research aims at connecting open source license to intellectual property rights and anti-trust law, which are traditional norms of software market. Open source community norms based on a copyright and open source licenses are evaluated not to have particular problems in the aspect of the antitrust law. However, software patent have raised new issues that open source community should deal with since the mid-1990s.