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Le logiciel libre : une nouvelle approche de la propriété intellectuelle

Abstract : Tough software intellectual property could not satisfactorily fall INTO data_ds.tmp_pub_any existing legal framework, all countries have taken the decision to range it under the category of copyright. Then the double objective of intellectual property protection is not satisfied, which consists, on the one hand, to grant to the inventor a provisional monopoly for exploiting his invention and, on the other hand, to oblige him to disclose the principles of his invention. To resort to the patents system as it became more and more usual in the US and which is in debate in Europe, raise other kind of problems. Now the alternative model of Open So urce Software, based on a very peculiar juridical tool called GPL "General Public Licence", tends to take a growing importance. Its main principle is to impose to its adopters to disclose the source-code of the concerned programs and of any further improve ment, as well as the free circulation of the code under the sole condition to maintain its "open" character. A growing number of enterprises began to "free" part of their software products, by joining the GPL status or introducing their own "hybrid" licences, in order to control the extent of their openness. By doing that they introduce a totally different approach of intellectual property within their industrial strategies.
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Submitted on : Monday, May 6, 2019 - 2:11:52 PM
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  • HAL Id : hal-02121175, version 1


Nicolas Jullien, Jean-Benoît Zimmermann. Le logiciel libre : une nouvelle approche de la propriété intellectuelle. Revue d'économie industrielle , Éd. techniques et économiques ; De Boeck Université, 2002, pp.159 - 178. ⟨hal-02121175⟩



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