From Copyright to CopyleftAn Analysis of Software Licensing Agreements from the Perspective of Interface Between Copyright and Competition Law
Date Issued
2009
Date
2009
Author(s)
Wu, Kun-Lin
Abstract
It is doubtless to say that the Free Software Movement has particular significance in the short history of computer software. Though the rise of free software does not change the status quo that proprietary software still has overwhelming power over related markets, yet it provides potential customers with technical alternatives, and the concept in the Free Software Movement that users regain “four freedoms” by means of licensing agreements triggered off other social movements urging rightholders of intellectual property to adopt public licenses for enriching social common resources.he Free Software Movement represents the public reflection to the developing trend of proprietary software, thus it is important to understand the GNU General Public license (GNU GPL), which set up the main frame of the movement. The GNU GPL is deemed a contract agreement under the civil law of Taiwan, and this thesis illustrates whether computer programs are copyrightable, and then analyzes the nature of licensing agreements from several aspects, focusing on the function and the corresponding influences on copyright law. Besides, the thesis discusses exclusive and non-exclusive licenses under Taiwan law, explaining the interaction between them.he thesis continues to analyze proprietary software licensing agreements under copyright and competition law. Proprietary software, of which the rightholders do not open source codes to the public, is technically limited for users’ modification. Due to the pursuit of short-term profits, most copyright holders request licensees not to modify or reverse engineer the software, or remove the lawfully-protected technological protection measures. Technology, law, and contract all form mechanism to rigidly control licensees. Nevertheless, in some cases these restrictions may be considered as violations of the related laws. The thesis reviews the proprietary software licensing agreements, interprets these limits under copyright and competition law, and indicates that the limits set by licensors may have anti-competitive effects and thus are prohibited by competition law.hings become totally different when it comes to the GNU GPL. The thesis first explains the meanings of the GNU GPL, and then analyzes the GNU GPL under the same standard as adopted with proprietary software. Computer programs, which are functional works under copyright law, are created not for their beautiful expression, but for their practical utility. Users purchase software licenses for use on their computers, not for appreciation. Therefore, all kinds of restraints to users shall be legally reviewed in detail under copyright and competition law in order to strike a balance between private profits and public interests, and the GNU GPL is of no exception. However, after examining the GNU GPL contract terms by comparison between proprietary software licensing agreements and free software licensing agreements, the thesis draws a positive conclusion that the GNU GPL not only satisfies the multiple demands of users, but eventually promotes competition over related markets as well.
Subjects
computer program
free software
GNU GPL
technological protection measures
reverse engineering
proprietary lock-in
Type
thesis
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