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

private property rights but restricts knowledge sharing by conditional use. On the other hand, open-source software prevents private ownership in the form of shared property rights. The specific approach is to protect the right of anyone to use, modify, and distribute the work and its derivatives. The only premise is to distribute under a Copyleft license. That is to say, open- source must be shared and held accountable if privatized, and knowledge must be shared and held accountable if privatized. The breakthrough of open- source software to traditional intellectual property theory is mainly reflected in the following three aspects. i. Copyright Copyright, also known as Copyright, is adopted by most countries to protect the intellectual property rights of computer software. The software includes closed source commercial software and open-source free software. The former uses the traditional Copyright (Copyright, also known as right Copyright) to protect the author's exclusive property right to the product. The latter uses Copyleft (also known as left Copyright) to preserve the co-ownership of the owner[3]. Although both use licenses to constrain related rights, there are essential differences in institutional constraints before and after. Commercial software uses software proprietary license to protect the interests of the right holder. Other people acquire the right to use the product in payment, restricting users to modify and spread the software. Open-source software uses left Copyright licenses to protect the freedom and rights of users to the greatest extent. Anyone can change and re- publish the source code under the license, which fully embodies the characteristics of open-source software "free, open, cooperative and shared". As the GPL license authors said, Where as commercial software developers use Copyright to take away our freedom to share software, open-source enthusiasts can also use Copy left to create a new release. We give everyone the freedom to use the source code we provide[4]. ii. Patent rights Patents, whose legal value lies in adding profit to the fire of genius, are often used as a shorthand for "monopoly" instead of the free sharing that open-source software emphasizes. The patent crisis faced by open- source software inevitably falls into patent disputes because it does not apply to patents. Specifically, patents have priority. For example, suppose the original author of open-source software does not apply for a patent, but a third party not bound by the license applies for a patent. In that case, it is difficult for the original author to escape from patent infringement even if he developed the software earlier [5]. A typical case is as follows: SCO prosecuted IBM patent infringement case in 2003. Linux was confronted with an intellectual property lawsuit that shocked the world. Unlicensed use of closed source commercial UNIX code for free, open- source Linux, accused SCO of violating intellectual property rights and trade secrets and demanded up to $1 billion in damages. After a year, the case ended in a settlement. Still, it has become a powerful weapon and strategy for commercial software to attack and bring down open-source software in the form of patent litigation. It also warns open-source software developers and companies to pay attention to patent issues and protect their legitimate rights and interests. The idea that open-source software can be freely shared does not mean that it cannot be patented or that open source is not patentable. In fact, open- source software patents belong to defensive patents, that is, the original author gets priority in the form of patent, and the software can still be freely distributed after application. Thus, on the one hand, the freedom of knowledge sharing of open-source software can be maintained. On the other hand, it can also obtain legal protection and avoid falling into patent disputes. Blockchain, for example, is a better case for the combination of open-source software and an application for a patent. Association of patent protection in China released the 2020 global authorized patent report blockchain field, pay treasure to 212 authorized patents digital blockchain column first in the world, and blockchain is based on open-source software projects. iii. Trademark rights Trademark is a critical way to protect computer software earlier than Copyright. To make their products different from other software, software developers often use words, graphics, and other special symbols to put trademarks on the outer packaging of software or embedded in the program to make it displayed during running. As the well-known trademark in the software field hasa certain appeal to consumers, counterfeit trademarks and other pirated software will appear. The specific manifestations are: pirated software developers put the trademark of genuine software in the product packaging or embedded in the software program, or limited to the technical means is not strong, only delete the name of the original software author, but still cannot remove the original software trademark in the process of program display, that is, trademark infringement. To protect the rights and interests of Open- source software developers, the Open Source Initiative applied for OSI (Open Source Initiative) as a trademark, specifically "OSI Certified" as the symbol, to protect identified Open Source software. The criteria are to examine whether the software is distributed in compliance with the open-source software license and if it is approved, OSIA grants certification marks to the software. A typical case in this regard was My SQL AB prosecuted Progress Software Corp., NUSPHERE Corp. in 2002. NUSPHERE Corp. is a classic example of open- source software using trademark law to protect its rights. The NuSphere MySQL Advantage closed source Institutional Logic, Dilemma and Suggestions of Open Source Innovation: A Case Study of Blockchain 46 Global Journal of Management and Business Research Volume XXII Issue II Version I Year 2022 ( )D © 2022 Global Journals