Open Source Movement Is it an alternative to copyright? Amritha V. Shenoy Final 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. Education II. Military III. Law IV. Government V. Information Technology Other arenas 1.Media 2. 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- s 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 movement Prerequisites:-  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 fields Kinds of licenses:- i. General Public License- Software and derivative work remains free ii. 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 code iv. 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 benefits ii. Balance benefits between society and author iii. Protection of original works of authorship- natural right of property and encourage innovation Definitions:- i. Copyright- Section 14 ii. Computer program- Section 2(ffc) Term- Section 22- author’s lifetime + sixty years Infringement 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