Rudraaksha Sharma, NMIMS School of Law Navi Mumbai
I. INTRODUCTION
Developing nations, historically influenced by the strategic objectives of developed countries in terms of intellectual property (IP) regulations, face the challenge of building a knowledge society with limited resources. Traditional IP frameworks, with restrictive copyrights and patents, hinder this process. Free and open-source software (FOSS) emerges as a powerful solution, offering cost-effective access, fostering local expertise, encouraging innovation, and creating a public domain of information resources. Open source licensing, intertwined with copyright law, grants creators controlled permission to modify and distribute their work while retaining certain rights. This delicate balance empowers developing nations to overcome traditional IP limitations and build a vibrant knowledge society.
Open-source licensing offers a stark contrast to the rigid permission-based system enforced by Copyright Law. Unlike Copyright Law, which restricts access to copyrighted works through a system of exclusive rights and limited exceptions, open-source licenses provide a more flexible and accessible framework. This is particularly relevant in the context of "orphan copyright works," where the absence of a clear licensing authority prevents users from legally utilizing valuable resources. Open-source licensing removes these barriers, allowing for the creation and reuse of derivative works, ultimately fostering greater innovation and collaboration.
While Copyright Law offers doctrines like "Fair Use" and "Transformative Derivative Works" that permit limited use of copyrighted material, these exceptions remain narrow and subject to legal interpretation. Open-source licenses, in contrast, provide a clear and unambiguous framework for derivative works, encouraging creative expression and ensuring that the benefits of innovative works are widely shared.
Comments