Global Journal of Management and Business Research, D: Accounting and Auditing, Volume 22 Issue 2
continue to improve and develop the product because of subsequent patent applications by other developers. Therefore, the dilemma of blockchain open source in the field of intellectual property is particularly obvious and anxious: Early blockchain developers, because of open source culture, will choose to share and not apply for a patent, but late developer and protect own intellectual property rights, choose to apply for a patent, instead of the initial and subsequent caused sure open-source developers, this contains the open-source philosophy of speculative behavior for the concern of technology innovation is certainly worth attention. b) A proposed solution to the blockchain open-source dilemma i. Industry standard licensing program As technology advances and product complexity increases, much new technology research and product development are often not done by a single company. When different companies carry out collaborative innovation, there will be compatibility and interoperability problems between various components. Therefore, the establishment of a unified industry standard is an effective measure to improve product compatibility. Australia is one of the fastest countries to promote blockchain industry standards. In April 2016, the Australian Standards Body proposed a new initiative for the International Organization for Standardization (ISO) to develop a blockchain standard to support technology development. According to the proposal, some of the most severe problems facing blockchain open-source are data sovereignty, privacy, and lack of consensus, creating issues for policymakers and regulators alike. In April 2017, The Australian Standards Body, in collaboration with the International Organization for Standardization ("ISO"), hosted the first International Blockchain Standards Conference, which was attended by many countries, including China, the United States, Germany, the United Kingdom, Japan, Russia, France, And Singapore. As a result, ISO issued "Blockchain and Distributed Ledger Technology (ISO/TC307)"as one of the standards under development, and the rest of the ongoing standards include reference, architecture, governance, compatibility, security, privacy, identity, smart contracts, distributed ledger technology and more than ten other standards[26]. Currently, the Committee has 37 Member States and 14 observer states. While this international collaboration is a work in progress and its effectiveness remains to be seen, it at least shows that industry standards are a trend. ii. Blockchain open-source license scheme Traditional blockchain did not resolve for downstream users to modify the terms of the license source code and submit an application for a patent, intellectual property rights. Whether the currency to the MIT license, the etheric fang core protocol LGPL, or etheric fang Geth command to the GNU GPL license, even if the subsequent developers don't make any programming code, it's still patentable. The third edition of the GPL license is expected to help solve this problem. The GPLv3 license defines a "contributor" and proposes the copyright owner use its program under the license, called a "contributor version." Each Contributor shall grant a non-exclusive, free-to-use patent license to others under this license to enable Users to make, use, sell or otherwise run, modify and disseminate versions of participants in their content. This, to a large extent, solves the situation that original blockchain developers are "isolated" because they do not apply for patents. In addition, it can better solve the problem that "contributors" who apply for patents still have the freedom to participate, contribute and share after submitting patent protection, and their concerns about technological innovation can be well solved. iii. Disclose the patent scheme An Open Patent, also known as the Patent Pledge [27] or Patent Commons [28], is a public commitment made by the Patent holder at their will. The patent holder does not claim all or part of his patent rights against any person or a particular group. IBM was the first advocate of open patents. In order to promote technological innovation in the information industry and express its support for open- source software, IBM listed 500 patents held by IBM and related foreign patents on its official website in 2005 and promised that the open-source community could freely use this patented technology and would not claim patent infringement under any circumstances. IBM also announced that its commitment not to Sue the open- source community is legally binding. IBM's open patent movement includes the user interface, data storage and management and operation of a multifunctional application, data processing, man-machine interface, image processing technology, the Internet management, compression and encryption technology, as well as the method of electronic commerce essential technologies, such as the public for open source in solving problems of intellectual property rights, which has a fundamental enlightening significance. In addition to IBM, Google made the same move in 2013, promising to open up 200 patents to the open-source community and promising not to Sue for patent infringement. Tesla also announced in 2014 that, in the spirit of the open-source movement, to promote the progress of electric vehicle technology, Tesla Motors would disclose its patents to the outside world and would not Sue for patent infringement. Studies have shown that opening patents positively encourages participation and contribution and promotes technological innovation[29]. Thus, not only will it benefit the industry as a whole, but it will also help Institutional Logic, Dilemma and Suggestions of Open Source Innovation: A Case Study of Blockchain 51 Global Journal of Management and Business Research Volume XXII Issue II Version I Year 2022 ( )D © 2022 Global Journals
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