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標題: A Research of Software Combination under Free Software License- Focusing on GNU General Public License Version 3
作者: Peng, Yen-Chih
關鍵字: 自由軟體;Free Software;開放原始碼;GPL;軟體結合;第一次銷售原則;著作權權利濫用;合理使用;編輯著作;衍生著作;Open Source;GPL;Software Combination;First SaleDoctrine;Copyright Misuse;Fair Use;Compilation;Derivative Work
出版社: 科技法律研究所

Twenty years after the free and open-source movement, much free or open source software has been in leading position in various fields. In view of the advantages of free software, software developers and hardware manufacturers often develop software in the way of combining his own program with free software in various degree of integration. Therefore, software developers must consider many factors, including the legal character of software combination, how to applying free software license to the software combination, and the validity of the license terms which apply to the software combination, in order to determine the degree of software combination that meets their demand.
General Public License (GPL) is a crucial weapon to defend the freedom of the software, so this paper is a research on software combination under GPL. Chapter II introduces free and open-source movement, Chapter III studies the legal character of the software in copyright law, Chapter IV builds a structure to analyse how GPL applys to the software combination in various degree of integration, and Chapter V examines whether the terms of GPL that imposes requirements or obligations to licensees are in accordance with the limitation to authors' exclusive rights in copyright law. Chapter VI, back to Taiwan''s copyright law, researches the legal character of software combination, the difference between apllying GPL to software combination in Taiwan and in the United States, and consistency of the terms of GPL with the limitation of copyright law.
Chapter VII of this study concludes that Taiwan should strengthen the criteria to classify software combination in various degree, and that the difference in copyright system in Taiwan and the United States will affect result of determining the copyright law character of software combination. Although the Free Software Foundation drafted GPLv3 due to internationalization, the revision is not complete. Fortunately, both in Taiwan or the United States, the terms of GPL that imposes requirements or obligations to licensees are in compliance with copyright law.
Appears in Collections:法律學系

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