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The
term open can be used to described
a variety of different techniques and relationships in
technology industries. "Open" systems generally refer to
the ability of third
party other than the original
creator/owner to create additional or compatible
materials. For example, an open hardware design might
mean a third party can
create a product, which plugs in
and works with the original design. Open usually, but
does not always, mean free (i.e. without charge) and
freely available (i.e.
relevant information available to
all).
Computer
software can be protected
under various intellectual
property laws. See the discussion of
intellectual property laws
applicable to software
elsewhere on this site.
Open source is a kind of
software licensing in which
both source code and object
code is made available to licensees. Open source is
intended to accelerate and "democratize" the software
development process. In
contrast to open source,
commercial software developers would normally only make
object code available to their customers, and jealously
guard the source code.
This different approach is important because of the
important difference between object code and source
code. Object code is the form
of software which is
directly executable by a computer, but which cannot be
easily modified to create improved or competitive
programs. Source code, in
contrast, can be easily
understood and modified by competent software
professionals. Also, trade secrets can be hidden in
object code. They are exposed
in source code. Once
exposed, trade secrets are no longer secret, and cannot
be
protected under trade secret law.
Contrast
with Public Domain. Open source is not the same as
public domain materials. Also, open source can actually
describe quite different
types of licensing procedures.
If material is in the
public domain, it means it is entirely unprotected by
copyright, trade secret or
other intellectual property
law. An example of public domain materials would be
books for which the copyright has expired, or patented
processes for which the
patent has expired. Any person
can take it and incorporate it into a new product
without any obligation to the creator or any third
party. In fact, they can
incorporate it (in whole or in
part) into new products which they sell as proprietary
systems
In contrast,
open source software is
protected by copyright law, and
is licensed. In part this is to accomplish the goal of
keeping further development of the materials open.
Generally, open source
licensing arrangements provide
mandatory access to source code for "downstream"
customers. If you use the open source materials in your
product, you must provide
your customers the source code
at no (or nominal) extra cost.
Why
Open Source? Open
source has advantages and
disadvantages. For a discussion, look on this website at
Why Open
Source. |