Global Journal of Management and Business Research, D: Accounting and Auditing, Volume 22 Issue 2

Institutional Logic, Dilemma and Suggestions of Open Source Innovation: A Case Study of Blockchain Chen Xiaohong Abstract- Open-source software has made a breakthrough in the traditional intellectual property theory from the aspects of Copyright, patent right, and trademark right, and it has created a new property rights form in the form of license. Taking blockchain as an example, this paper analyzes bitcoin and Ethereum and their open-source licensing strategies. At the same time, it explores the problems encountered in the property rights of open-source blockchain and three possible solutions to this dilemma: The industry-standard licensing plan, blockchain open-source licensing scheme, and open patent scheme. This research will be significant for expanding and enriching the theoretical and practical analysis of blockchain open source in the field of intellectual property. Keywords: open source; blockchain; intellectual property rights; dilemmas; suggestions. I. I ntroduction or a long time, intellectual property rights have been synonymous with encouraging knowledge production and protecting and promoting technological innovation. In particular, for enterprises and producers, applying for patents has become a powerful weapon to protect their legitimate rights and interests from infringement. However, with the arrival of the digital economy, the development of the Internet makes technology innovation more diverse and more complicated. The philosophy of "freedom, sharing and free" in open-source software makes people feel more and more doubt: Are there no drawbacks to intellectual property? When open-source software pursuing knowledge sharing meets intellectual property, can it protect the rights and interests of the original knowledge producers? This philosophical myth has attracted a lot of discussion and thinking in academia and industry. Lawrence Lessig, a Stanford Law School professor, is a staunch opponent of the "Fundamentals of Intellectual Property Rights," arguing that by copying the systems of Property Protection that exist in the real world, the Internet will undoubtedly change from open to closed. Hence, it will hinder the progress of human civilization and the prosperity and innovation of culture [1]. The United States Public Patent Foundation has gradually realized that the abuse of patent rights may Author: School of Public Policy and Management, Chinese Institute of Engineering Development Strategies, Tsinghua University, Beijing, China. e-mail: chenxiaohong_thu@126.com also hinder technological innovation in the opposite direction, so the organization was established to prevent and combat patent misapplication[2]. Of course, open- source science and technology workers engaged in emerging industry forms and philosophical thinking even raised such doubts. If the original innovator who believed in open-source spirit did not apply for patents, but the secondary innovator who was the second innovation applied for patents, whether it would still promote technological innovation without any adverse effects. Based on the theoretical and practical questions, this paper puts forward the following research questions:(1) What are the breakthroughs in intellectual property theory with the emergence of open- source software? What is the property protection system of open source itself? (2) When open-source software encounters intellectual property rights, is there a dilemma reflected in what aspects? (3) How to solve the property rights dilemma of open-source software, and what are the suggested solutions? Due to many open- source software projects, this paper will take the emerging open-source form of blockchain as a case study. Based on the literature review, this paper will analyze the open-source strategy of blockchain, the intellectual property dilemma encountered, and suggested solutions. Hopefully, it will contribute to the research and practice of open-source software in the field of intellectual property. II. T he B reakthrough of open S ource to I ntellectual P roperty and its S ystem L ogic a) The breakthrough of open-source software to traditional intellectual property Open-source software is the opposite of closed-source software. The former has the typical representative of Linux, and the latter has the typical representative of Windows. Richard Stallman, the founder of the Free Software Movement, a precursor to open-source software, opposed the commercialization of software in the form of closed source code, arguing that it was unethical to prevent users from learning and helping others. He proposed that intellectual property encourages knowledge production by establishing F 45 Global Journal of Management and Business Research Volume XXII Issue II Version I Year 2022 ( )D © 2022 Global Journals