Research on the Legal Characteristics of Open Source Software and Its License

xiaoxiao2021-03-06  41

Akindo @ 2004-08-29 04:35

Computer programs typically have two mid-a-in-one programming and programs source code. The so-called program code; is a code-based instruction sequence, which means an instruction encoded by a series of binary numbers (consisting of "0" and "1" can be embodied as a series of electrical pulse sequences. This electrical pulse sequence is in the form of a computer program used to drive computer work (to achieve some result). Since this binary number encoding can be identified and implemented by the computer, it is also referred to as a machine language. Early design programs often use this type of machine language form to represent instructions. But this form is difficult to understand, it is more difficult to be remembered, and it is extremely inconvenient to use. Therefore, people subsequently developed the symbolic representation of this directive - comparing the assembly language of human natural language, and develop a variety of advanced languages ​​for the program (such as Cobol, Fortran, Basic, C, etc.) Tools that represent logic steps of processing information during program development. [Note 1] The so-called source code is a program expressed in assembly language or advanced programming language. It is a string of symbolization instructions or a string symbolic language representation represented by numbers, text and symbols, and can use tangible media such as Paper, tape, disk, etc. to fix this expression. When a program is developed in the form of source code, it is usually converted to a target code that can be performed by a compiler in a computer system. In software trade, for general users, you can use the program's target code; the source code of the program is not required. For the owner of the software, because the source code is easier to read and understand, through the analysis of source code, others can understand the design ideas in their software; master the technical secrets in their own software, so I usually do not want to provide users Source code, However, for users with high use levels, in order to facilitate their trouble, improve procedures, understand the inter-program interconnect port, may request source code. Therefore, whether the source code for programs in trade is often one of the focus of discussion. With the popularity of Linux software in China's software market, "Free Software" has gradually causing people to pay attention, because Linux software is a typical representative in the free software family, this is a kind of Our traditional idea has significant software. Free software is technically distinguishing from the current market like Windows 98 and other commercial software, it is to obtain software in unchecked form, so in the technical level, it is also known as "open source software" (Open Source Software) The protection of traditional commercial software is to protect source code, not only do not disclose, but also against software program replication, modification and other behaviors. When you name this article, you have been considering using "free software" or "open source software", although the word free software is more popular, but this article is from a broader field and deeper Open source software for research, in addition to studying the intellectual property issues of free software represented by Linux, there is a very large section of the space to discuss how to identify license issues that open source software and open source software, strive You can clearly analyze the so-called "free software movement" and "open source movement", so we finally selected the word "open source software", and we will be under the problem of open source software and free software. Discussion on the hierarchy of the text. First, the software classification is generally, in addition to commercial sales, in addition to commercial sales, in addition to commercial sales, in addition to commercial sales. If you are classified according to the distribution method, computer software actually has four categories including commercial software, free software, trial software, and public software. It should be noted that the free software and trial software are different from the trial version of commercial software. The trial version of commercial software usually has been deleted in some key functions, basically cannot be used as actual use. Free software and trial software usually have their own relatively complete features, which can be used actually.

l. Business Software, "Business Software" means all kinds of commercial software issued to the public through the above trade. As a commercial software, its functionality, performance usually has been strictly tested, and it should be quite convenient. Suppliers should not only provide users (usually Japanese code text) and instructions (usually the form of manual), but should provide users with technical services including version updates. The rights of business software usually retains their rights, so commercial software is protected by copyright. The issuance of software is the main content of software copyright. As mentioned earlier, now the internationally available business software issuance is to provide users with licenses. In this way, the user is obtained from the supplier's license agreement specified in the software, and the number of rights provided by the software replica is exercised by the software replica. Not all rights for this software. At the same time, this license agreement will agreed the specific content of the technical services that the supplier should provide. When users buy software and using software, they must carefully read the license agreement of the software, follow the license agreements in use, and enjoy the technical services provided by suppliers in accordance with the use of license agreements. 2. Trial software (Shareware, China is often translated into "shared software") between prices and expensive commercial software and free software, from the release method, there is also a trial software (Shareware), China is also translated into "sharing" Software ", the so-called" trial software ", the replica can also be freely propagated from the network online service, the electronic bulletin board (BBS), or from the hand of the two users to another. The instructions for this software are usually provided with a program with a text file. This trial software is usually attached to a user precaution, and its content is to explain the right to the software, so the trial software is protected by copyright; this software is in trial software, and users will continue to use after two phases. You should use the registration procedure to the supplier. The user precautions typically contain a registration form and explain how to handle the registration procedure, and the registration process may require the user to pay a certain fee. In fact, the license fee is used, and the amount of license fee required to be delivered It is usually a very low (several dollars or tens of dollars). Many trial software are often stated that the supplier will provide a print-binding instructions and the latest version and other technical services of the software. Some statements may also specify a clear trial period. This software can be used on your computer as long as the user uses the registration procedure in accordance with the registration. The concept of trial software is that the US Microsoft's R.Wallance is proposed in the 1980s; the software industry uses the "trial" release method to help users decide by allowing potential users to copy a software to encourage their trials. Whether to purchase the software's license. After the user has a certain understanding of the software, if you want to use the software in the future, you must notify the developer of the software and pay according to the regulations. Trial software substantially belongs to commercial software, usually does not provide source procedures. The industry is mainly used as a sales tool, which can save advertising costs, but did not change the copyright of this software. Many trial software have been improved many times according to user opinions, and the new version became commercial software. "This release method is welcomed by individuals and small developers, and now there has been hundreds of trial software, most trial software runs on the DOS system or Windows system, such as communication software Procomm, text compression software PKZIP, Anti-virus software VirusScan et al. Also has some organizations of promoting trial software. Compared to free software, the trial software can be said to be the demo version of the company's software product.

The trial software is only the discrimination in the program, so the licensee needs to be registered (whether it is spending money or writes, it will have a full function after entering it; and some is part The game level or function is to be purchased after the software is officially installed by the license. This method is also the way, good or not, you can't wait until you buy it. As commercial software, the trial software also gives the user precautions and requires: When copying, disseminating such software, the attached user considerations must not be removed; in the copyright, the user precautions specified by the software supplier In general, there are generally following: 1) Users can make copies intended to archive, but unless the original software is running fails or has been damaged, the backup replica is not allowed; 2) The user can make copy distribution, but not The rights holder may not be used to sell the distribution of sales; can charge service fees by working on services such as helping copying, helping installation, providing training, but this service cost must be within a reasonable range; 3) Rights The user can be required to make it regardless of the user precautions or anti-compilation, and may not perform reverse engineering; 4) The right holder may require the user to modify it in the user precautions; 5) Unreasonable However, it is not possible to make derivative software based on the trial software. From these provisions, it can be seen that the right to trial software has opened a copy of the copy to the public in a certain condition while reserving the right, but it is not like free software. Open modification adaptation rights. For different free software or trial software, their user precautions may have some differences. When using free software and trial software, you must carefully read its user precautions carefully, and carefully follow the user precautions, otherwise it is possible to fall into the copyright of the software. Mudmia, July 1996 Australian Federal Court sentenced a judgment on a copyright dispute on trial software. This judgment determines that Ozmail, operating network service business, in unlicensed, the trumpet software company Winsock V 2.0 is downloaded from other websites from other websites from other websites. The copyright statement on the software (requiring the user to pay for the Ozmail company), and the Software copyright of the TRUMPET Software has been infringed on Ozmail. This decision shows that the nature of the copyright of the trial software has been paid attention to the software industry; the current application of the trial software and the Internet is rapidly developing, computer users need to understand the copyright nature of trial software; legally use the trial software. 3, public domain software, can also be translated into "public domain software") It is important to point out that free software and trial software are different from public software. The so-called "public domain Software can also be translated into" public domain software ") refers to software that has expired in economic rights (including copy rights, modification and adaptation rights, issuance rights), and The right holder is not prepared to make the commodity of the goods to clearly state the software to abandon copyright. However, for free software and trial software, its copyright is still enjoys its right to protect it by the copyright regulations promulgated by the state. For public software: 1) people can copy, spread; 2) People can also reverse the public software, reverse engineering; 3) people can use, adapt, and even incorporate the purpose of profit Business software developed, but not restricting other people.

4, free software (or naming from technical characteristics, "open source software") The purpose of free software is to break business software dominant, this idea is the founder of free software US Richard Stallman proposed In 1971, he also worked in this regard in MIT in 1971. Finally in 1984, he can launch his own huge in the support of the Free Software Foundation, FSF, in 1984. "Gun Project" (Gun Project) began a vast project of free software. The rules before the free software have the software developer's exclusive power, they firmly control the source code, only they have privilege access source code, users and other programmers cannot view, change, and perfect, users cannot Among the computer environment. Richard believes that this has split human mutual assistance and basic freedom, can't really enjoy the unique shared spirit brought by digital technology, and with the emergence of monopoly, this situation is sharp, people are monopoly The cost of paying is also getting higher and higher. Richard's free software movement is to develop a series of complete software. The original author gives up the right of some of its intellectual property rights. Specifically, it should be permission to the public, not only open source, but also encourage users Copy each other, the release of the electronic bulletin board (BBS), or transferred to another user from one user's hand to freely spread, and obtain academic and technical communication, let others revive And improve source code and accept freedom operation rules, re-release. In this way, the software developers around the world have been put into the development of free software. The collective wisdom of software developers will be fully utilized, and people can find and resolve problems in the program, reduce a lot of unnecessary duplication labor. Free software Chinese translation is to pay attention, because Free Software is a variety of meanings, an understanding "freedom", "free speech" (ie, "freedom"); another Understand "Free", such as "Free Beer" (ie "Free Beer"). In the early days, I also translated Free Software as "free software", which may be almost free than those of the traditional commercial software, free software, but this translation is not accurate, Free Software should translate " Free software ", the reason why the free software is translated is because the essence of free software is" free "," freedom "is reflected in the software intellectual property protection level to run freely, copy , Distribute, learn, and improve the behavior of the software, in other words, "free software" is a definition of copyright law. [Note 2] As for the price of free software, it is also because the software's copyright owner abandoned its own level of payment in its intellectual property, so that the free software used in sales is extremely low. What is delighted is that today, the development of free software has been great success. In many countries, it is recognized and developed, and only a few thousand kinds of free software in the GNU of the US Free Software Alliance has reached several thousands, and the representatives of more prominent Operating system GNU Linux, language system GNU C , database management system Ingress, etc. With the development of Linux, there is information show that although it was born in Finland in 1990, it has grown up to 212% in 1998, which has 27.6% of the market share in the world of Internet Server, more than Windows 23.6%. [Note 3] Free Software refers to the user's free use, copy, distribute, learning, and change the improvement of the software. More accurately, users of the software have four free [Note 4]: 1, which can be free to use the software, no matter what purpose.

(Part of zero freedom, that is, the most basic free) 2, how to work freely, and adapt it to the needs of the licensee. (The first free). Its premise is that it is free to read source code. 3, you can freely re-distribute copies to help the people of the licensee. (Second free) 4, it is free to improve the procedure and release it to the public to make the whole society. (The third free). Its premise is that it is free to read source code. A program can be referred to as free software if the user has all the freedom. Therefore, licensed people should be free to distribute, change, or have not changed, free or transceiver, for anyone, anywhere. Freedom to do this means that the license is not needed to apply or pay for whether the software can be used. The licensee should also have free private modifications and use, because of work or interest, not to announce his existence. If the licensee is announced, the licensee does not have to apply to tell anyone, or in any way. Free use of a program means that anyone and organization have free use of the program on any operating system, for any work, and does not have to notify developers and any relevant personnel. Second, the relationship between open source software and free software "Free Software" and "Open Source Software" is different from the point of view. "Open Source Software" (Open Source Software) is also translated as "public source code software") is from the technical level, and "Free Software" is from the licensed right level. As for the difference between free software and open source software, it is actually in the extent to which the license is the strict and tight of the rules of rights. Some scholars believe that the part of the licensee is limited to the rights restricted by the licensee. A more stringent license is a free software license, that is, the scope of open source software is slightly wide, and the licensee will not allow the license to modify the source code of this license permit in the license. The version is licensed in other license methods or if it is not allowed, it can only be applied to this license, and the software license for the GPL open source software license is applicable to the free software alliance GNU. The license for open source software allows for a further permit to be implemented in other licenses. [Note 5] (1), on the open source code motion and free software motion open source code (Open Source Movement, also translated into "public source code sports") is actually a descriptive collective, refers to Linux as Representative GNU Free Software Plan, Apache Open Source Software Plan [Note 6], Open Source Code First Operation Open Source Initiative and other open source software plans [Note 7]. For open source movement, foreign "Digital Age Renaissance" [Note 8], software field "Strategy" is "communist" in software fields [Note 9]. Remember the master of management, Du Lak, has a famous saying "Any company must form a real overall, and integrate personal efforts into a common effort." This is the purpose of opening the source code. Free Software Movement is actually a descriptive collective, refers to the above-mentioned open source movement, just a defined angle.

(2) Open Source Initiative Association, OSIA is a non-profit organization, which is a US Bruce Peens and Eric S. raymond et al. In 1998. The establishment of the California, which advocates the "Open Source Initiative," OSI OSI, "The purpose is to make the development of open source software have a better soil. The purpose of the organization is to unify the standard of open source software, defend the sacred definition of open source code. To this end, the organization starts from the software's licensing issues, combined with the proof trademark, and the development of the open source software industry Make a significant contribution. Open source code first action organization, as a spontaneous unofficial organization, in order to achieve unified standards in open source software, it is really difficult, but the organization's positioning and strategy is very good, positioning themselves as an industry. The Properties of the Self-disciplines, and the smart application trademark strategy. Applying Open Source Initiative, OSI, the label [Note 10], which is a manager who proof the trademark [Note 11] (OSIA originally applied to the product trademark, but because of the descriptive characteristics, Not authorized, so it is necessary to apply for a certificate of trademarks) [Note 12]. Whether it is open source software, do not look at whether the right person provides source code, another important sign is the issue of the license, because most open source software comes with a license agreement when publishing, ie The license, in the license, the rights and obligations of licensors and licensed people will stipulate that these rights and obligations have determined whether the right to truly open the source code to the public, so that it can be achieved It is the judgment of open source software. OSIA is exactly from the software license, which will prove the trademark license to software providers who have identified their audit as open source software. In this way, all trademark identities such as OS, OSI can be indicated by the open source software license, which is recognized by the open source software industry.

After more than three years, "Open Source Code First Action" has achieved a lot of success, like the open source software license, such as the Free Software Alliance GNU, IBM, NOKIA, Netscape, etc., has been certified by OSIA, so far The software license for OSIA certified open source software has the following 21: 1, The GNU General Public License (GPL) 2, The GNU Library or "Lesser" Public License (LGPL) 3, The BSD License 4, The BSD License 4, The BSD License 4, THE MIT license 5, The Artistic license 6, The Mozilla Public License v. 1.0 (MPL) 7, The Qt Public License (QPL) 8, The IBM Public License 9, The MITRE Collaborative Virtual Workspace License (CVW License) 10, The Ricoh Source Code Public License 11, The Python license 12, The zlib / libpng license 13, The Apache Software License 14, The Vovida Software License v. 1.0 15, The Sun Internet Standards Source License (SISSL) 16, The Intel Open Source License 17 , The Mozilla Public License 1.1 (MPL 1.1) 18, The Jabber Open Source License 20, The Nokia Open Source License 20, The Nethack General Public License Among the Open Source Software The most famous GPL, LGPL, MPL , MPL1.1 software licenses have passed OSIA certification. In the Open Source Definition, the open source of the open source, indicates the following aspects of the organization's identification standard for open source software [Note 13]: 1, released free open source The license for code software can not have any restrictions to sell or limit the terms jointly released by this program with other code nature programs, and cannot have additional charge requirements. [Note 14] 2. Regarding the requirements of the source code requirements, the release form of software must be in the form of an open source, even if some software is inconvenient in the program, it is necessary to publish source code in the program, but must have a free way in software The initial release also provides a clear path to get the source code, whether it is written printing or downloading the Internet. In addition, these source code must be complete, at least to ensure that people in the professional areas can be modified. Moreover, any intentional confusion source code is disabled when the software is published, and any behavior of the source code via the pre-processing program or the translation program is also disabled. Open Source Software License can prohibit licensed people from being released directly on the first test source code version, but premise is that when the source code software is initially released, it must allow the form of an affiliate file after the source code program. Release the modified version. 3. About the Deductive Works Open Source Software License must allow source code to be modified and allowed to generate a copyright law based on source code. 4. Other requirements, other requirements, there is no discrimination against license objects, and may not have discrimination against the software used, and must not require the conditions for this open source license to take effect to follow other software licenses, the license must Is the software for open source code rather than only for a software and open source software licenses, etc. [Note 15].

OSIA's identification procedure for open source software licenses is started by the license provider. Where the license provider thinks that its license is in line with the requirements of open source software, you can joose OSIA open source software to OSIA. Application, OSIA will decide whether the software license is an open source software license for the OSI series through the Committee's review and public examination. [Note 16]. (3) Open source code software is rapidly developed. - Internet is the best media and pathway of open source code and the traditional source code propagation pathway is based on paper media or disks, and its propagation speed and range is very limited. It is not possible to provide timely feedback and the open program master modify and supplement the code, the scope of the discussion is narrower. The emergence of the Internet is fully shortened. No matter where it is, it is only a "screen", and the difference between "point", Linux is to grow with the Internet, can say that there is no Linux without Internet. The development of the Internet has grown open source software business, and also brings challenges to the initial principles of open source software. Open source software licenses are born under such conditions, and the license is propagated on the network. , Escort for open source code sports. Third, comparative research on open source software licenses (1), the development of software licenses has developed with the development of software industry, while the development of software industry has evolved with computer technology . Before the 1980s, because the computer is large, the market scope of the software industry is small, most software is customized for specialized computers, and the most visual description of the software industry is the tailor-like "tailor" formula". [Note 17] After 1980, with the improvement of computer manufacturing technology, the popularity of personal computers, so that the software market has developed, so that software has become a product, the software program can be mass production and sales. However, the software has a significant difference in ordinary commodities that the program is the core of software products, and is the result of complex brain labor. It is intellectual property characteristics. Therefore, software products are in commercial operations, a typical feature is that software is licensed rather than simple merchandise trading, and it does not mean the right to sell. Therefore, the software license agreement is also a software license, which is very important in the software industry, as the licenseens and the rights and obligations of licensed people are aggregated [Note 18]. (2) Comparison of several open source software licenses to ensure that anyone can get the source program or can get the source program when needed, to ensure that anyone can modify the open source software or will open some of the source code software. Used for new open source software and ensuring that anyone knows that they can do these things, they need to open source software licenses. Because the open source software license is made as follows: No one does not recognize these rights or require others to abandon these rights. If the open source software is modified, the copy of the software is revised, these regulations are transformed into determination responsibilities, which is the most typical role of open source software licenses, which is the reason why open source software licenses is essential. . I, GPL License GPL License (GPL is the shortcoming of General Public License) is a kind of open source software license for the free software alliance GNU. It is the most prestigious license in the field of open source software, but at the same time The GPL license is also the most stricter restriction on the licensee's rights to the open source software.

[Note 19] (a) When the GPL License Overview Richard starts from the software's copyright license agreement, it creates a "General Public License Agreement" that is adapted to its open source software development (General Public license, GPL, where you want to join the GNU, you have to accept this license agreement, and its purpose is to ensure that users have unlimited replication and modification. And in the introduction of the free software and intellectual property, the relevant issues of free software and intellectual property are discussed. 1, "Freedom" legal meaning has been mentioned, the source of open source software This definition is from the technical perspective, and the definition of free software is itself a category of copyright. Free software "freedom" is adopted The freedom of copyright license is given, not free, there is no intellectual property. In other words, free software is not copyrighted, it is first to recognize the copyright of the software - the software has the original copyright owner, and then incorporates the copyright license constraints of free software, so that everyone will remain unchanged by each person. It has the right to copy, modify, and publish software or its derived work, which is the free concept of the so-called free software. Richard Stallman has such a discussion of intellectual property in the "Free Software Union Declaration" ("GNU Manifesto"): "People who carefully study the legal terms of intellectual property rights will find that intellectual property is not an inherent right, current The various intellectual property rights are the rights given by the legislature through special legislation. All intellectual property rights are licensed by society. "This is the legal foothold of Richard's free software development. He has to obtain the argument of intellectual property law. And he believes that intellectual property is a social empowerment. Since intellectual property is the right to legislate, and the intellectual property law also allows the use of "license" to change and adjust through the way. The rights between the rights owners of intellectual property rights, so Richard starts from the perspective of license, so that the operation of free software is different from the operation of commercial software, that is, when the so-called "freedom" can have their own law. Based on the premise of recking copyright, the copyright license of the software will achieve the freedom rights of free software. 2. The copyright license of free software is generally set up a software use license agreement between software developers and users, which is "General Business License, GBL). This license agreement is generally developed The merchant is integrated, and the user accepts the agreement is the premise of using software, and the premise of obtaining licensing is to pay the cost to buy software products. The license terms generally follow the copyright law or special software protection regulations, or through the two parties to achieve a slightly higher copyright law and Software Protection Ordinance Protection Standard Software License Terms of Use. Inside the GBL, Richard, which is obviously not suitable for free software, starts from the software's copyright license agreement, creates a "General Public License" with free software development (General public license " , GPL), all software books that want to join the GNU must accept this license agreement, and its purpose is to ensure that users have an unlimited replication and modification. More interesting is that Richard has newly created a word relative to the "copyright" ("Copyright"), which is called "Copyleft" [Note 20] for this license agreement. The General Public License Agreement has clarified the legal foothold of this license agreement in the introduction: (1) Recognizing the copyright of the software; (2) Provide this license agreement to enable authorized copying, distributing and modifying software rights . GPL is the free software works agreed to ensure that anyone has a license agreement with free software. The GPL has 13 main terms, including the top 4 rights as licensed as licensed: (1) for any purpose Run the program; (2) There is free to obtain the right to source code, and how the research program is running on this basis, and can change the program for personal purposes; (3) There is free to distribute the copy of the copy; 4) There is a free improvement process and require the right to improve your own improvement to the public. It can be seen from these provisions that the right to free software has licensed copy rights and modifications to the public to the public while retaining rights. At the same time, GPL also stipulates that the public has the following obligations: users do not charge when publishing source code and all derived work (except for the necessary cost), does not attach other terms, and must be included with GPL terms.

In this way, no matter whether it makes a modification, it must be paid to copy and modify the degree of freedom of this software, so that the free software work continues and recognizes. "Free Software" is a scope of copyright. Free software believes that the source code of the software should be public intellectual property belonging to all mankind, and should be freely spread between the compilation and use of the program, and should not be a means of consisting of interests. Any restrictions on this intellectual property will eventually result in developmental restrictions and hinders. The advocates of free software are not attempted to interact with someone else's software, and their practice is to include their software works into free software. Contribute to the world. General Public License Copyright Agreement is a new copyright system with traditional intellectual property concept. It is different from traditional software intellectual property rights: it guarantees that anyone has freedom to publish free software (if you want, you can charge a certain fee on this service); ensure that anyone can get the source or can be able to get Get the source process; to ensure that anyone can modify the free software or use part of the free software for new free software; but also guarantees that anyone knows that they can do these things. In order to protect these rights, the general public license is made as follows: No one will not recognize these rights or require others to abandon these rights. If the free software is modified, the copy of the software has been revised, and these regulations transformed into certain responsibilities. The main difference between free software and traditional commercial software is that commercial software generally does not provide source code, and free software guarantees source code; commercial software prohibits users from spreading software to third party, and free software is legally guaranteed to have anyone Substitution is distributed according to the rule of the license; more important is that the free software guarantees that any software work is announced as a free software, which is always free software, including anyone in the original author, has no right to change. Any update, transplantation, modification, and enhancements are defined as "export work", which cannot change the original copyright description. Of course, since the general public license is a protection method of software intellectual property, it does not exclude software developers to obtain benefits from the software, but the profitable way has changed: from the past relying on software copy sales, steering main supply software And information services. Moreover, when the existing commercial software is married to free software such as GNU / Linux, it is not necessarily to publish source code and provide free copies, which means that free software can coexist with commercial software. When we use business software, we will see a copyright information. It is usually to copy, distribute the software to be bought by licensed people without power. As for understanding and modification, it doesn't matter "understand" and "modification" at all, there is no source code. Needless to say, in our side, some people have not noticed information about copyright, so we don't know what powers we have given it, and we may pay for this. In fact, the essence of free software is not free, it is the freedom of running, copying, spreading, researching, improving software, and ensuring that these freedom will not lose due to private software: how to work, modify it The needs of the licensee; spread, make the licensee and the licensed neighbor, friends sharing software; improved procedures, will be improved by the licensee, so that the entire society benefits. Its essence is "ideological sharing, knowledge sharing, source sharing", is a non-monopoly, is a fresh idea contribution. With the excellent thoughts of others, coupled with licensed people's unique thinking to benefit the whole society. If the license is no money, the licensee can be downloaded from friends, such as copying from friends or downloads through the Internet. If the license is very rich, the licensee can purchase high prices in a donation. It all depends on yourself.

When using a software without having to worry about infringement, the people who know "Freedom" have a warm and friendship of society. When you can modify the program at any time, you can experience the work efficiency. Excited, when you are working hard, when you use it, you will fully experience free, harmonious, and efficient world! 3, the free software and software patent as the software production big country and the patent system, the number of software patents is also very large, the software patent is the "freedom" spirituality advocated by the free software, Richard's GNU plan This is also specially mentioned. He believes that "the largest Weight Association facing the free software is software patent". Due to the prevention period of the United States for software patents, it is 17 years, which is obviously against "freedom", and more importantly, because free software is incorporated into many people in the process, many people are integrated into many people. How much less likely to involve the so-called software patent infringement lawsuit that is most reluctant to encounter. For example, LZW's patents for a compression technology applications in 1983, resulting in the free software alliance GNU involving the production of free software from the compressed article, and cannot be released online. In 1998, a free software produced by MP3 compressed audio products was also Stop release online because there may be a lawsuit against software patent infringement. The method of currently dealing with this software patent infringement is two: First, apply for this patent; second is to find other replacement methods to achieve the purpose of free software, but these seem to be not Countermeasures. The above is the problem between free software and existing software patents, and in response to the free software itself, in the "General Public License Agreement" introduction, there is also a terms of free software to apply for software patents: " In view of the threat of any free software, we hope to avoid this situation: the re-transfer of free software makes this software program in the implementation process, based on this purpose, we clearly The premise of committing not to obtain patent authorization is that once the software patent authorization must use the patent to all the standards for free software conditions, it will not be able to apply for software patents. "From here you can see How much GPL is the exclusive software patent. From the above, it can be seen that the emergence of open source software represented by the free software sports GNU is not to deny the intellectual property. It is rooted in the soil of intellectual property, reflecting themselves. The style, realizes its own pursuit, it relies on intellectual property and seeks an innovation, because the spirit of free software is not contradictory with intellectual property protection system, it should be said that it belongs to an active abandonment of the right. The emergence of free software is the product combined with the spirit of innovation. Free software development groups pursue the spirit of freedom, do not pursue personal material interests, and based on creation, constructing ideal software products, such spirit is worth promoting and promoting of. In summary, the emergence of free software is not as free. Free software is fundamentally denied the intellectual property legal system, in fact, free software and different copyright system contradicts, just permits the public. This belongs to some copyright rights such as the right to modify the right, the right. However, for the patent, it can be seen that the free software is against the monopoly formed by patents, so free software does not advocate software patents. (B), GPL licenses are subject to reposition, publishing, and modifications, the GPL license, which applies to any programs and other works that include the copyright owner's declaration, and the copyright owner explicitly explains the program and work in the GPL license. Reclimelination under the terms. The source code refers to the source code in the GPL license is the most preferred form of modification of the work. For executable works, the complete source code includes: all the source programs of all modules, plus the definition of the relevant interfaces, plus "original", which controls the installation and compilation of the executable work (the original: "script").

As a special exception, the published source code does not have to contain any of the main components of the operating system that are running on the above-running operating system (such as compilers, kernels, etc.). Unless these components are combined with the executable works [Note 21]. The "program" mentioned below refers to any such programs or works. The "program-based work" refers to the derivative of the program or any copyright law constraint, that is, the work that includes a part of the program or program can be, or modified and (or) translated into Other languages ​​(program). In the GPL license, translations are included in the terms of modification, and the license terms do not apply to activities other than replication, release, and modify. The activity of running procedures is not subject to the terms. This article applies only when the output of the program constitutes a program based on the content of the program (if only the program is only running). GPL license regulations As long as each copy is obvious and properly published copyright statement and not assume the statement (ie No Warranty Terms, it will be discussed below), maintaining this license's statement and undertaking statement complete lossless, and With a copy of each other program recipient together, the licensee can use any media to copy and publish the source code for the original program received by the licensee, which can be charged for the actual action of the transfer copy. It is costly, and it also has the right to choose whether to provide a guarantee to exchange a certain fee. You can modify one or several copies of the program or any part of the program to form a program-based work. This modified program or work can be replicated and released as required by the following conditions as long as they meet all of the following conditions. a) You must have a clear description in the modified file: The licensee has modified this document and the specific modification date. b) The work that must be published or published by the licensee (which contains all or part of the program, or contains all or partially derived by the program) allows third part as a whole as a whole according to the license clause. c) If the modified program reads the command at runtime, you must print or display the declaration when you start entering the regular interaction method: including the appropriate copyright declaration and the unaffordable declaration (or by the licensee) Statement of guarantees); users can re-release the program according to this license Terms; and tell the user how to see the copy of this license. If it is possible to determine a part of the work is not a derivative product, it can reasonably believe that this part is independent and different works. When it is published as an independent work, it is not bound by this license and its terms. However, when this part is released as a part of the program-based work, it will be constrained by the license terms as a whole. The range of use of other license holders is expanded to the entire product. That is, everyone, no matter who it is. Therefore, the intent of the GPL license is not to obtain rights or deprivation of all the rights written by the licensee. Instead, perform rights to control the release of the program-based collective work or derivatives. In addition, the works independent of the program and the program or the program or the program-based work are placed on the same volume of the storage or release media, and other works are not placed within the constraints of this license. The GPL license allows you to copy or publish programs in a target code or an executable form (or program-based work in accordance with the GPL license), as long as the licensee follows the terms below. a) On the media that is usually used as software exchange, with the target code with a machine readable complete source code. The release of these source code should meet the requirements of the above terms. Or b) On the media typically used as software exchange, with the target code, the written quote of the corresponding machine readable source code is supplied with the third party. The validity period is not less than 3 years, and the cost does not exceed the actual cost release of the actual completion of the source. The release of the source code should meet the above requirements. Or c), together with the target code, is accompanied by the offer information of the issued source code received by the licensee.

(This article is only available for non-commercial release, and only the program's target code or executable code and press B) requirements are required). If you use the access and replication of the access and replication to the specified location, the access and replication source code to the same location can be provided as a source code, even if the third party does not force the source code with the target code. Unless it is clear, the licensee cannot be copied, modified, forwarding the license and publishing procedure. Any tried to copy, modify, forward licenses, and publishers in other ways are invalid. Moreover, the automatic end license will give the licensee's right. However, people who get copies and rights from licensees according to the license terms, as long as they continue to fully implement the terms, the license is still effective. Whenever a program (or any program-based work), the recipient automatically receives a GPL license for replication, release, or modifying the program from the original license issuer. II, LGPL License LGPL License (LGPL license is short of Lesser General Public License, also called library general public license [Note 22], Chinese translated into "Loose Public License" or "Library Public License") . This license is suitable for some software packages that are used by the Free Software Foundation and other software to use this license, the software package, which is specially designed, can be used to use it. (A), the characteristics of the LGPL license, the LGPL license, is also one of the free software alliance open source software licenses, most of the GNU software, including some function libraries, is protected by the original GPL license. LGPL licenses, suitable for specially designed function libraries, and is very different from the original general public license, which is relatively loose to be licensed, so it is called "loose public license". Using it in a specific library, you can link these function libraries with programs that are not free. When a program is connected to a library, whether it is static link or uses a shared function library, the combination of the two can reasonably say a combination of works, a derivative of a lagoon library. Therefore, the original general public license is only allowed when the entire conjunction is satisfied with its freedom. Side-loose universal public license allows other program code to link with this function library with more relaxed standards. For example, in a few cases, there may be special needs and encourage everyone to use specific libraries as widely as possible, thus making it actually standard. In order to achieve this goal, non-free programs must be allowed to use this function library. A more often happens is a free function library to do the same work as a widely used non-free function library. In this case, limit only free software can use this free function library not much benefits, so we For example, LGPL license is used. In other cases, the non-free program is allowed to use a specific library, allowing more people to use most of the software. For example, a non-free program is allowed to use the GNU C library to allow more people to use the entire GNU job system, as well as its deformation, GNU / Linux job system. Although the LGPL license is less free to protect the user's freedom, it ensures that the user of the program connected to this function library has freedom, and has the necessary methods for executing the program using the modified function library version.

(B), the LGPL license is specifically different from the provisions of the replication, dissemination, and modification, and the difference between the "function library" and the "Works of the Library" is particularly different from the provisions of the replication, distribution, and modification. The former includes source code from the function library modified; and the latter must be combined with the function library to execute. The LGPL license applies to any software library, or other programs that include the precautions joined by the copyright owner, or other credible groups claim to spread to the terms of the LGPL license. A "function library" means a collection of software functions, as well as or preparing information to facilitate the formation of executable programs to connect to the application (which uses certain functions and materials). Hereinafter, the term "function library" refers to any such software function library or work that is scattered under these Terms, a "work based on this function" means a function library or any derivative work under the copyright law. That is, one contains the works of this function library or part of its part, or modified, and (or) directly translated into other languages ​​(in the LGPL license, translation is included " Modify the terms of the "). The "source code" of the work refers to the modification of the work to modify the most preferred form. For the function library, the complete source code means all the original programs of all modules, plus the definition of the relevant interface, plus the "original" and compile of the control function library (original: "script"). [Note 23] LGPL license terms do not apply to activities other than replication, release, and modify. These activities beyond the scope of these terms. Using this function library to perform the action of this program is not subject to the terms, the output of the program is only based on the works of its contents based on this function library (which is not related to the use of this function library in what tool). One will be applied. Whether the above situation is established depends on what is the specific use of this function library. As long as the licensee is obviously clear and properly declared by the copyright statement and the statement that does not assume the guarantee, and maintains the declaration of this license and the notified statement completely non-destructive, and the procedure will give other per program. A copy of a license, the licensee can use any media to copy and release the full source code of the function library he received, or take a certain fee for the actual action of the transfer copy, or choose to provide a guarantee to exchange certain cost of. As long as it meets all of the following conditions, you can modify one or several copies of the function library or any part of the function library, to form a work based on this function library, and copy and release this modified program or Works: a. The modified work itself must be a software function library. b. Must accompany the document in the modified file: The licensee has modified this file and any modified date. c. The entire work must allow third parties to be used free of charge under this license. d. If a device of the modified function library uses the function or data sheet provided by the application that uses the application of this function library, it is not true that the device is incorporated when the device is called by the call. When the application does not provide such a library table, this device still works, and any purpose it does still means (for example, a function of a library is used to calculate the square root, the purpose is to have a complete definition and The application is independent. Therefore, the function or form provided by the application must be selective: if the application is not provided, the function of calculating the square root) can still be calculated. These requirements apply to the entire modified work. If it is possible to determine a part of the work, it is not a derivative product of the function library, and it can be reasonably subsequently considered to be separated from the original work, and it is not subject to this license and its terms when it is published as an independent work. .

However, when the licensee is released with the work of this function library, the entire package will be constrained by this license terms, which expands to the entire product for other license holders, which is software. Every part of the package, no matter who it is. Therefore, the intent of the LGPL license is not to obtain rights, or deprived of the rights completed by the licensee, but fulfill the rights to control the distribution of collective works or derivatives based on this function library. In addition, the works that are independent of this function library and this function library (or work based on this function library) are placed on the same volume of storage media or publishing media, and does not cause other works to be placed in this license. within. As mentioned earlier, the LGPL license is evolved according to the GPL license. There is also a provision that when open source, you can use the LGPL license. For the source code disclosed by the LGPL license, it can be changed to the applicable GPL license, but it cannot be changed in reverse. The LGPL license allows you to copy or publish this function library in a target code or executable, as long as the licensee follows the previous requirements, and provides a completely related machine readable source code, and these source code is used in general habits. Make software exchanged media spreads. If the published target code is provided by the specified location, the equivalent source code copy from the same location can be calculated as a source code, even if the third party does not force the source code together with the target code. A program contains a function library that is modified by any part, but is designed to be worker with this function library by compilation or linking. Such a work is strictly, not the derivative of this function library, and thus is not within the scope of this license. However, the "Works of Use" with this function library will result in the transformer library, which is the derivative of this function library (because it contains part of this function library), rather than "works using the library" Therefore, its executable program is included within the scope of this license. When the "Works of the Library" use the header file of the function library section, this work is still in the target code even if its source code is not a derivative of the function library. This is true that this work can be linked if this work can be connected without the need for this function library, or whether the work itself is also a function library is particularly obvious. If such a target file uses only digital parameters, the data structure hierarchical and the attachment, as well as Xiao Hong and small inner embedded (less than or equal to ten lines), the use of this target file is not limited, whether it is legal Derivatives. Otherwise, if this work is a derivative of this function library, the license must be scattered with the target code of the work as required. As the exception to the above prescribed, the licensee can also combine or link the "works of the use of the library" with the function library to produce a work containing part of this function library, and can modify it when it is allowed to use itself Works, as well as in the case of anti-group translation of modifications, licensed people can spread the work in accordance with their own choices. The licensed person must have a precautions in the copy of each work: This function library is used in the work, and this function library and its use is under this license. The licensee must provide a copy of this LGPL license. If the work is executed, the copyright declaration is displayed, and the licensee must include the copyright statement of this function library, and a copy of the user to obtain this license.

At the same time, the licensee must do one of the following things: a. The full machine readable function library source code is included in the work, including any changes used in the work (these changes must be in the aforementioned first Distributed with the requirements of paragraph 2); and, if the work is a "complete, machine readable 'use function library", you must have a target code and (or) source code. Such users can modify this function library and can reconnect to generate modified executables that include modified function libraries. b. Use the appropriate sharing function library link mechanism when connecting to the function library. A appropriate mechanism is: (1) use the library replica existing in the user's computer during execution, rather than copying the function of the library to the executable, and (2) if the user is installed The modified function library, as long as the modified version is compatible with the version used in the interface to compile the connection, the executor can operate good with the modified function library. c. Provide written quotation in this work, valid for no less than three years to provide the same user above, and the cost shall not exceed the actual cost released by the program. d. If the published work is provided by the specified location, the equivalent copy comment of the above content is provided by the same location. e. Determine a copy of the user has received a copy of the user, or a licensed person has been sent to the user. For an executable program, the "Works of Use" must include any information and tool programs needed to generate an executable program from which to generate executable programs. However, there is a special exception, and the contents thereof do not need to include any part of the main part (such as compiler, core, etc.) that is generally related to the "operating system of this program" (whether source code or executable Code) unless these components are combined with executable works. There is a possibility that these requirements are conflict with other copyright restrictions that are usually not the private function library together with the operating system, such instructions cannot be used with this function library for licensed people. Execute the program. The LGPL license allows the library of this function library, and other functions that are not within the scope of this license, pending into a separate library, and works based on this function library and other functions libraries In other states, the licensee can spread the combined function library to be disconnected by the licensee, and the licensed person can spread the combined function library: a. Works based on this function library are not combined with other function library equipment Land, the combined function library is distributed together. The work must be dispersed under the specification of the above terms. b. It is clearly indicated in the combined function library to indicate that the works of the works are based on this function library and indicate that there is a work that can also be found in conjunction. III, MPL license MPL (MPL is the story of the Mozilla public license), which was originally a software license design for Netscape's Mozilla Group in early 1998 for its open source software project. The most important reason for the MPL license is that Netscape believes that the GPL license does not have a good balance developer's benefits to the source code demand. [Note 24] Compared to the famous GPL license and the BSD license, MPL is the same as the agreement between many rights and obligations (because all of the open source software licenses determined by OSIA). However, compared to the following significant differences: (1), although MPL requires modification of the source code released by the MPL license, it is also possible to make it again in the way MPL licenses. Others can share source code under the Terms of MPL.

However, the definition of "release" is "filed" in the MPL license ", which means that the MPL allows an enterprise to add an interface on their existing source code library, except for the interface program. Source code is permitted by the MPL license, the source code in the source code base can be enforced to external licenses without the MPL license. These, in order to learn from the source code of others to use the behavior of their business software development. [Note 25] (2) The licensee is allowed to mix the source code obtained by the MPL license to make its own software program with the source code obtained by the MPL license. (3), the attitude of software patents, MPL licenses are not clearly expressed as GPL licenses, but it is clear that the provider of source code cannot provide source code that has been protected (unless he is patent) People, and write freely to the public. These source code is allowed to apply for these source code to the open source license form. (4) Definition of source code. In the GPL license, the definition of the source code is as follows: "The source code refers to modifying the works to modify the most preferred form. For the executable work, the complete source code includes: all the source programs of all modules, plus The definition of the interface, coupled with the "original" of the installation and compilation of the executable work (the original as: "script"). As a special exception, the released source code does not have to contain any regular release of the enforcement code to run on top The main components of the operating system (such as compilers, kernels, etc.). Unless these components are combined with the executable works. If you use the access and replication of the access to the specified location, the executable code or target code is released, then, Providing access and replication source code to the same location can be calculated as a source of source code, even if the third party does not force the source code with the target code. In the MPL (1.1 version) license, the definition of the source code is: "source code means It is the most preferred form of modification of the work, including: all source programs of all modules, plus the definition of the relevant interface, plus "original" (original text "that controls the installation and compilation of executable works (": " Script "), or is not the source code that is significantly different from the initial source code is the program code that can be obtained from the public domain selected by the source code contributor. "(5), the right to publish and revise the licensed people in the MPL license, the obligation is that there is no difference between the GPL license is just a time required by the modified source code, the message is required, that is, the retention time of the page. Can't be less than 12 months. However, Article 3 of the MPL license has a specialized provision about the source code modification, that is, all the release people have to have a dedicated file to modify the source code program. Time and how to modify have to be described. IV, BSD license BSD license is originally used in various 4.4BSD / 4.4BSD-Lite versions published in California University Berklai (BSD is short), later It is also gradually use. In 1979, the University of California, Berkeley, established BSD UNIX, called an open source pioneer, BSD license is with the BSD UNIX developed [Note 26] .BSD license is now by Apache and BSD Adoption of open source software such as operating system. Compared to the strict BSD license, the BSD license is loose, the original text that needs to be attached, but it is more interesting. Putting all program developers' copyright information, so the software issued by the BSD license may encounter a small condition is that the space for these copyright information is larger than the program.

In all open source software licenses, the BSD license may be "tolerant" for the licensee because it gives the licensee to use the source code of the licensee. Its aim is: "These are the source code, do anything to be made by licensed people, we will not mind, as long as the licensed people do not forget our labor when trial and selling products related to this source code. [Note 27] "As long as the source of the source code will not be restricted in the following questions: Licensing issues, use these source code in their own procedures, the issuance and software license for procedures in their own requirements [ Note 28]. Therefore, for software people to study and learn from the source code, software that can be used in the BSD open source software library is the most appropriate. Fourth, open source code software licenses to our point revelation (1), open source software license features Summary We analyze GPL, LGPL, MPL, BSD license. In addition, there are nokia licenses, MIT licenses, Apple licenses, etc., we can find that these open source software licenses have a lot of common because of the purpose of contributing source code to society. Point, mainly in the following points: (1), open source software licenses will specify that there is an obligation to release the source code after accepting the source code after being accepted by the licensee, to facilitate open source motion. (2) Open source code software licenses have a "non-guarantee" (ie No Warranty) terms. Due to the source code program to be used free, in general, there is no guarantee for the program. Unless otherwise written instructions, the copyright owner or other provider "the same" does not provide any type of guarantee. Whether it is clear or implicit. Include but not limited to implicit sales and guarantees for specific purposes. All risks, such as the quality and performance issues of procedures are borne by licensed people. If the program is defect, the licensee assumes all the necessary services, fixes, and corrections. (3) Open source code software licenses will specify some terms of modification, copying, and re-release, and the purpose is also the most likely to contribute source code to the society under the premise of ensuring the initial person's rights. It is only a significant difference in the specific rights granted to the licensee, which may be related to the "Open Source Code First Action Organization" OSIA's identification of open source software licenses only related to principled provisions. As for different points, it is only a relatively small difference to the rights to be granted by the licensee. In order to facilitate the difference between several open source software licenses, we are expressed in the following table: whether it is allowed to be Open Source Software Code Mix can make the modification of the source code does not open whether or not any restrictions can be made without any restrictions, whether the LGPL license is the LGPL license whether the BSD license is whether the NPL license is whether the MPL license is Is the Apache license (2), according to the rules, we have used a lot of space to introduce open source sports, licenses, and several open source software licenses. The purpose is to let us know internationally. Rules for the development of open source software. At present, my country's open source software is also in a big development stage, but we must do things according to rules. The so-called office is mainly to refer to two levels: First, the development of our open source software cannot be closed. Especially in the first release of open source, pay attention to open source software licenses. We can learn from foreign successful open source software licenses, and we can also formulate open source software licenses. Through OSIA's identification, let your license version is included in the license identified by the OSI program to expand our country. Open the reputation of the source code software.

Further, when we open the source code software to a certain extent, we can fully learn from Osia's development experience and the strategy of OSI certification trademarks, and develop relevant standards to develop open source software industries. The second level refers to our source code in use, must follow the rules. The source code released by others is not unused. The key to see how to use it. Use must follow the rules, this rule is the rights and obligations specified on the license. We must not be a little and even assessed, but it is not only a breach of contract, but also a foreign counterparts. (3) Thoughts on exploiting monopolistic rights from open source software under the premise of rules, the commercialization of open source software is more special, so many people are considering obtaining economic benefits through source code. In the front, I just talked to the rules, so in this section, we put forward our opinions on the basis of analyzing open source software licenses: (a), source code initial providers can use Measures In the GPL license, the GPL license is a permitted license in the field of open source software licenses, because the GPL requires any set of source code generated by the original source code to be modified, must be based on GPL The requirements of the license are released. This provides a big problem for those who want to develop commercial software through the source code released by GPL. As for the licensee, it will be able to discuss it in the next paragraph, here, we stand The first licensed person's perspective, considering what approach to the GPL license for the external source code, it also protects yourself. Although the open source is a kind of software spirit, it is basically no economic income when contributing the source code, so if you want to get the economic interest, if you want to get the economic interest? ? Below, we call the contributor of the source code as the first license, explore the following way: [Note 29] The first way is to combine the source code with hardware, although the GPL requires the first source of the program The code is open, but the first license is not prohibited from adding the source code program in the hardware, so that the licensor can obtain economic benefits through the sales of hardware. For example, Cygnus has gained economic benefits through such hardware sales and maintenance. The second way is that the first license person divides its own source code bank into two parts, partially contributes the source code according to the requirements of the GPL license. For the source code of another part, it can be encrypted after TCP / IP. Internet, so that only those payable people can get this part of the source code. In addition to GPL licenses, other licenses are also allowed to do so. (B) All possibilities that can add commercial proprietary intellectual property monopoly protection in open source software. Any vendor, if you want to use the GPL license-based open source software to develop, it must be published in the world, and cannot apply for patent protection. There is no way to construct your own products using the technology of open source software based on GPL licenses, but also bypass the GPL license to achieve the protection of their products in competition? The specific idea is to bypass the GPL license for publishing restrictions on software products, and to limit possible competitors on the combination of software and hardware to imitate their own technology.

1. Why do you want to start from the "combination of hardware and software" if you carefully study the GPL license and LGPL license, you will find that this is indeed a very rigorous legal document, almost from the perspective of software technology. The code software or its derived is incorporated below the monopoly of proprietary intellectual property. Let's take a look at the definition of the GPL license for source code: The source code of the work refers to the modification of the work to modify the most preferred form. For executable works, the complete source code includes: all the source programs of all modules, plus the definition of the relevant interfaces, plus "original" "original" that controls the installation and compilation of the executable work (the original "script"). As a special exception, the published source code does not have to contain any of the main components of the operating system that are running on the above-running operating system (such as compilers, kernels, etc.). Unless these components are combined with the executable works. Let's take a look at one of the most "embarrassments" in the Limits of the Open Source Software Library: Any code that works with the library in the form of compile or connection and does not contain any code from any part of the library. The program is called "using the work of the library". This independence and is not from the works from the library, not subject to this license terms. However, the executable created with the "Works of Use" is a derived library (because it includes part of the library), not "using the library". Therefore, the executable program is subject to the limitations of this license. As can be seen from the above, if it is unlikely to wind a GPL license on the construction of the software. As far as our understanding, even if it is full of heart thinking with the free software alliance GNU playing text games, it is also very likely that it is also very likely to bow. Maybe some people say that I still have a way to enclose yourself based on the technology development of open source software, because the GPL license is not rigorous to compiletable compilation tools on the operating system, which is likely to be here. Technical monopoly is carried out on the gap. This is not denyed because there is an instance: there is a company named Coventive, and they start to use the compilation tool developed to make ready-made Linux kernels (the original "make") into a very small binary product. , Apply it to the embedded field, now doing very well. For this "Make" technology, the GPL license is no way to limit, and they do have the protection of their own technical features. But this way is not a long-term meter, we think it has the following limitations: First, by optimizing compilation paths cannot be changed (improved) software essential characteristics; second, the competitive advantage held by compiling technology will The improvement of hardware levels of calculation technology is gradually weakened; third, compiling technology is difficult to apply for patents, even if it is conserved as commercial confidentiality, it will eventually lose competitive advantage because of the limited technology development space. Therefore, this can only be an authority, and cannot be used as the foundation of commercial software for developing property rights. [Note 30] Since specific software is always necessary to work with specific hardware, it is possible to work properly, that is, if the licensee is only published, and closes its hardware standard, even if the competitors have been The source code of the licensee, because there is no hardware standard, the specific technology is not implemented. If it is possible to develop a more complex hardware standard, even if it is pushed by the source code, it is very small to get the possibility of hardware standards in the market competition allowed. Since this hardware standard is closely combined with the software product, we call this method as "combination of hardware and software", and think that it can be used to develop intellectual property protection based on open source software. Monopoly technology.

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