Open source software and software patents: A constitutional perspective

Pfaffenberger, Bryan

doi:10.1007/s12130-999-1029-x

Cited by 3 publications

(2 citation statements)

References 5 publications

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“…According to (10)and (11), we can get the quantity of sale of Autodesk Company γ Q =3663, and the quantity of sale of Longfa Company λ Q =3663. Substituting the value of γ Q and λ Q into ( 8 ) and ( 9 ) , we can…”

Section: Mr For Autodeskmentioning

confidence: 99%

Research on Infringement Damages of Software Intellectual Property Based on Economic Analysis

Zhu

2010

2010 International Conference on Management and Service Science

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Realizing the knowledge assets' value and protecting intellectual property is one of the function of knowledge management. And damages of software intellectual property play a crucial role in intellectual property protection. Based on the analysis of the characteristic and compensation mode of software infringement, this paper discusses a theoretical model of calculating infringement damages for software, and also makes an empirical analysis by using the practical data. This paper suggests that the infringement damages for software should be determined in the perspective of escaping liability. Compared with other infringements, the infringer has more chance of escaping liability in software infringement. Accordingly, punitive damages for software infringement should be applied in more cases. This paper also suggests that punitive damages should be a multiple of the profit difference by reason of software infringement, based on the the theory of monopoly, equilibrium and externality in economics. And the multiple is the reciprocal of the probability of bearing software infringement liability. Keywords-software infringement; damages; public goods; the theory of externalityI.

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Section: Mr For Autodeskmentioning

confidence: 99%

Research on Infringement Damages of Software Intellectual Property Based on Economic Analysis

Zhu

2010

2010 International Conference on Management and Service Science

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“…(Fitzgerald and Feller, 2002;Hipple, 2001;Johnson, 2002;Lerner and Tirole, 2002) OSAs offer some compelling arguments as to how the current IP environment impacts the development of information technology. (Faldetta, 2002;Osorio-Urzua, 2002;Pfaffenberger, 1999) Free software ideologues…”

Section: Open Source Advocatesmentioning

confidence: 99%

An Exploration of the Ideologies of Software Intellectual Property: The Impact on Ethical Decision Making

2006

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This article helps to clarify and articulate the ideological, legal, and ethical attitudes regarding software as intellectual property (IP). Computer software can be viewed as IP from both ethical and legal perspectives. The size and growth of the software industry suggest that large profits are possible through the development and sale of software. The rapid growth of the open source movement, fueled by the development of the Linux operating system, suggests another model is possible. The large number of unauthorized copies of software programs suggests that many people do not believe in laws regarding software copyright. There are many and varied views of software as IP, even within the information systems (IS) profession. In this article, four distinct subgroups of IS professionals are identified. The article describes the four subgroups and their respective ideological views on software ownership; it explores the subgroups’ attitudes regarding software laws; and finally, it explains the ethical positions embraced by each subgroup. Copyright Springer Science+Business Media, Inc. 2007computer ethics, copyright, free software, intellectual property, software, open source advocate,

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Is It Ethical for Patents to Be Issued for the Computer Algorithms That Affect Course Management Systems for Distance Learning?

Moreau

2008

American Journal of Distance Education

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Open source software and software patents: A constitutional perspective

Cited by 3 publications

References 5 publications

Research on Infringement Damages of Software Intellectual Property Based on Economic Analysis

Research on Infringement Damages of Software Intellectual Property Based on Economic Analysis

An Exploration of the Ideologies of Software Intellectual Property: The Impact on Ethical Decision Making

Is It Ethical for Patents to Be Issued for the Computer Algorithms That Affect Course Management Systems for Distance Learning?

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