Abstract

http://ssrn.com/abstract=2305038
 
 

References (27)



 


 



Free Software and the Law - Out of the Frying Pan and into the Fire: How Shaking Up Intellectual Property Suits Competition Law Just Fine


Angela Daly


Swinburne University of Technology; European University Institute - Department of Law (LAW)

August 2, 2013

Journal of Peer Production, Issue #3 The Critical Power of Free Software

Abstract:     
Free software is viewed as a revolutionary and subversive practice, and in particular has dealt a strong blow to the traditional conception of intellectual property law (although in its current form could be considered a 'hack' of IP rights). However, other (capitalist) areas of law have been swift to embrace free software, or at least incorporate it into its own tenets. One area in particular is that of competition (antitrust) law, which itself has long been in theoretical conflict with intellectual property, due to the restriction on competition inherent in the grant of ‘monopoly’ rights by copyrights, patents and trademarks. This contribution will examine how competition law has approached free software by examining instances in which courts have had to deal with such initiatives, for instance in the Oracle Sun Systems merger, and the implications that these decisions have on free software initiatives. The presence or absence of corporate involvement in initiatives will be an important factor in this investigation, with it being posited that true instances of ‘commons-based peer production’ can still subvert the capitalist system, including perplexing its laws beyond intellectual property.

Number of Pages in PDF File: 6

Keywords: free software, intellectual property, competition law, antitrust, critical legal studies

Accepted Paper Series


Download This Paper

Date posted: August 4, 2013 ; Last revised: May 25, 2014

Suggested Citation

Daly, Angela, Free Software and the Law - Out of the Frying Pan and into the Fire: How Shaking Up Intellectual Property Suits Competition Law Just Fine (August 2, 2013). Journal of Peer Production, Issue #3 The Critical Power of Free Software. Available at SSRN: http://ssrn.com/abstract=2305038

Contact Information

Angela Daly (Contact Author)
Swinburne University of Technology ( email )
Cnr Wakefield and William Streets, Hawthorn Victor
3122 Victoria, Victoria 3122
Australia
European University Institute - Department of Law (LAW) ( email )
Via Boccaccio 121 (Villa Schifanoia)
I-50122 Firenze
ITALY
Feedback to SSRN


Paper statistics
Abstract Views: 167
Downloads: 8
References:  27
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.218 seconds