Open Source Development in a Differentiated Duopoly

Open source software is released under an open source license giving individuals the right to use, modify, and redistribute freely the programs. This paper proposes a model of differentiated duopoly in which firms invest in the development of proprietary or open source software. The main findings are: (i) firms invest more when the products are substitutes; (ii) for substitute products, firms’ investment in software development is greatest when the software is open source; (iii) for close to perfect complements, firms’ investment in software development is greatest when the software is proprietary; and (iv) for substitute products, investment in open source software yields higher profits than investment in proprietary software.

Copyright versus Patents: the Open Source Software Legal Battle

Open Source Software is often viewed as an anti-intellectual property regime. By contrast, we argue how IP law is at the heart of open source model since licenses that organize the innovation and business relationships between developers, distributors and end-users are based on copyright law. The proliferation of software patents can, however be seen as a threat for the development and deployment of open source software. We present the nature of the threat and review a series of initiatives undertaken by the open source community to address them effectively. These initiatives, such as the redesign of licenses and the creation of patent commons, are a testiment to a genuinely creative use of IP law by the open source community, not its undermining.Open Source Software; Patent; Hold-Up; Copyright; Copyleft; Intellectual Property

Decoding the "Free/Open Source(F/OSS) Software Puzzle" a survey of theoretical and empirical contributions

F/OSS software has been described by many as a puzzle. In the past five years, it has stimulated the curiosity of scholars in a variety of fields, including economics, law, psychology, anthropology and computer science, so that the number of contributions on the subject has increased exponentially. The purpose of this paper is to provide a sufficiently comprehensive account of these contributions in order to draw some general conclusions on the state of our understanding of the phenomenon and identify directions for future research. The exercise suggests that what is puzzling about F/OSS is not so much the fact that people freely contribute to a good they make available to all, but rather the complexity of its institutional structure and its ability to organizationally evolve over time.F/OSS software, Innovation, Incentives, Governance, Intellectual Property Rights

Free and open-source software

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Licensing and Business Models

License affects software companies’ business activities. While proprietary software vendors create custom licenses, open source companies have less flexibility. The Open Source Initiative (OSI) defines a list of 72 licenses as open source (“OSI approved”). For a project to follow open source licensing, it has to pick licenses from this set. Logically, we expect that an open source company defines its business model around the license that it selects. Thus, we can assume that business model decisions follow license choice. In our research we find that in some cases open source companies remove these license constraints for business reasons. We observed cases of open source companies moving from one OSI-approved license to another or companies innovating by adding additional terms. In all these cases, the decision of change is based on the license being a poor fit with their business goals. Not all open source companies are entitled to change the license because this option is available only to companies that own intellectual property. If they do not, they can try to reshape their business model, but that remains a suboptimal option. Whether cognizant of it or not, organizations are implicitly choosing a business model when they select a license. Therefore, it is very important to address licensing and business model decisions as one system instead of a disjointed two-step process. For this purpose we introduce (1) an evolutionary model where license selection and business model impact each other and (2) a taxonomy that addresses both licensing and business models. Our approach helps practitioners include revenue considerations in the licensing choice and researchers to more accurately study the antecedents and consequences of license choice.

Firms on SourceForge

This paper explores empirically what factors influence a firm’s decision to contribute and to take leadership in open source projects. Increasing firms’ participation in the development of open source software (OSS) is generally perceived as a puzzle. Assuming that firms face a ”Make-or-Buy” decision before using OSS, we argue that contribution is in fact the best way for them to keep control of their supplier in a context where incomplete open source licenses govern transactions. Building on this proposition, we derive predictions on the drivers of firms’ contribution and leadership in open source projects, and test them on a unique dataset of 4,808 open source projects extracted from Sourceforge. Our empirical findings confirm the predictions and lend support to our hypotheses.Open source; transaction cost; governance; firm boundaries; software

Capability Coordination in Modular Organization: Voluntary FS/OSS Production and the Case of Debian GNU/Linux

The paper analyzes voluntary Free Software/Open Source Software (FS/OSS) organization of work. The empirical setting considered is the Debian GNU/Linux operating system. The paper finds that the production process is hierarchical notwithstanding the modular (nearly decomposable) architecture of software and of voluntary FS/OSS organization. But voluntary FS/OSS project organization is not hierarchical for the same reasons suggested by the most familiar theories of economic organization: hierarchy is justified for coordination of continuous change, rather than for the direction of static production. Hierarchy is ultimately the overhead attached to the benefits engendered by modular organization.Modularity, hierarchy, capabilities, coordination costs, software.

The license/contract dichotomy in open licenses: a comparative analysis

The paper looks at the legal nature of so-called open licenses – agreements designed to provide permissions to users and publishers through “some rights reserved” clauses. The article starts with the assertion that copyright licenses are contracts in Civil Law jurisdictions, and looks at the opposing views and practice in Common Law jurisdictions. The article particularly looks at recent case law in the United States which deals specifically with the issue, and concludes that there is now a clear jurisdictional split between both traditions on whether these licenses are contracts