Critical look at open source software and intellectual property

Free Articles

A critical look at open source software and intellectual property

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

            Since the beginning of time, man never ceases to be involved in the intricate process of creation. Throughout different epochs and generations, creation never stops. It is a cycle that enables the rest of humanity to survive the roughest terrains of the universe. As time progresses, the creation of a single individual has become his or her trademark. It become his or her identity—a highly unique characteristic that differentiates him or her from other individuals. Take for example, Michael Angelo who is known for his famous work of art, Mona Lisa. Alexander Graham Bell is never forgotten because of the telephone.  Lastly, Bill Gates indeed made a historic mark when he developed the Microsoft system. Evidently, a single creation has the power to immortalize an individual. However, on a closer examination, what made those products or works of art influential, valuable and important, stems from its uniqueness and originality. Notable creations are one of a kind. It is something that is not copied or forged.

            Through the years, various laws have been passed to ensure that inventors, developers and artists alike retain their exclusive rights over the products that they produce and distribute. This basically explains the evolution of “intellectual property” concept. According to the World Intellectual Property Organization, intellectual property pertains to “creations of the mind” that are widely utilized for commercialistic purposes (2). Intellectual property covers major works in the field of literature, arts, science etc (“Intellectual Property” 2). The importance of intellectual property can be traced to the fact that new products are vehicles for growth, improvement and progress (“Intellectual Property” 3). In addition to that, it (intellectual property) encourages individuals to discover more knowledge and innovate (“Intellectual Property” 3). Also, when inventors or creators are aware that their works are protected, intellectual property would further inspire them to produce more and national and even global economy would readily benefit from it (“Intellectual Property” 3).

            The software industry is perhaps one of the most controversial areas wherein intellectual property issues often arise. Almost every now and then, technological breakthroughs occur. Many of the new technologies, applications and programs are being developed and uploaded to the internet. This situation makes intellectual property a much complicated concept since it is hard to distinguish who should really take the credit for a certain software or product. This is most especially true as for the case of open source software (Weber 5).

            Open source software is generally available to the public. Users do not have to worry of paying corresponding fees when it comes to availing its services (Story 13). Open source software can be also distributed by any individual (Story 13). But if there is one thing that makes open source software pretty popular is that its source code can be transformed or reconstructed to meet the respective needs and demands of its users (Story 13). This is in stark contrast to propriety software which are exclusively produced and distributed by major software companies or business establishments (Story 13). Obviously, before anyone can access propriety software, he or she needs to shell out a considerable amount (Story 13). In addition to that, the exclusivity that is embedded in propriety software means that it cannot be distributed to anyone (Story 13). Likewise, its source code is not available to prevent any kind of modifications (Story 13). The user has no choice but to wait for an updated version of the software so that it can finally meet his or her expectations and demands (Story 13).

            The lack of intellectual property in open source software can be seen as a good thing since many individuals and groups can benefit from it. However, it also presents certain disadvantages. Once and for all, since users can easily modify the source code, there is a strong chance that open source software can be used for illegal activities. Because intellectual property is not observed, no one is held accountable. Accountability is one of the critical aspects that should be taken into consideration. In this time and age wherein technology tends to govern mankind, it is highly possible that open source software can present a big threat to the overall digital domain, most especially if it is misused. It is hard to pinpoint which parties or individuals shall be held liable or responsible for illegal and criminal acts. The corresponding victims must have no choice but to endure the loss and damages caused by open source software that are being used for malicious purposes.

            Another important issue that should be looked upon when it comes to the intellectual property of open source software emanates from cost-related dilemmas or problems. Hosting open source software in a website so that many individuals can access it also translates to bandwidth consumption. The more popular the open source software is, the more likely that it will consume more bandwidth and it cannot be denied that bandwidth utilization comes with a high price. If it is hosted on a free website, the number of users that can download it is very limited. What if the creator asks for donations or minimal amounts so that users can continue to access the files in an unlimited basis? Under this situation, what then differentiates open source software from propriety software? Although, the costs are less expensive, no one can really determine if the amount or donations asked are sincerely used for the purpose of distributing free products or whether such move is already a subtle business strategy or technique.

            In the meantime, since open source software can be distributed, what if a user who has managed to acquire such material and register it under his or her own name. What if he or she use it in a highly commercialized manner regardless of whether he or she has contributed to its growth and development? Needless to say, this is pretty unfair to those people who have laid down the foundations of such software and have the strong intention of helping others via their work.

            The open source software is indeed a manifestation of collective effort and a major protest against software monopolies. But then again, the kind of freedom that is practiced and observed with regards to material distribution and modifications has the tendency to hinder accountability and responsible software use.

Works Cited

Weber, Steve. The Success of Open Source. Massachusetts: Harvard University Press, 2005

“What is Intellectual Property?” World Intellectual Property Organization. Retrieved 27 June    008 from http://www.wipo.int/freepublications/en/intproperty/450/wipo_pub_450.pdf

Story, Alan. “Intellectual Property and Computer Software, A Battle of Competing Use and     ccess Visions for Countries of the South.” IPRsonline. Retrieved 27 June 2008 from             ttp://www.iprsonline.org/unctadictsd/docs/CS_Story.pdf

 

Post a Comment

Your email address will not be published. Required fields are marked *

*

x

Hi!
I'm Katy

Would you like to get such a paper? How about receiving a customized one?

Check it out