The potential for Free and Open Source Software (FOSS) to enable open innovation in a particular software market depends on the characteristics of that market. From this premise, using a case study approach, this Article argues that some software markets have characteristics that inherently...

This response essay remarks on an article evaluating the potential to use a hypothesized public domain dedication act as an alternative to intellectual property based regimes such as the licensing system that implements Free and Open Source Software (FOSS). The question is whether open...

Some free or open source software infects other software with its licensing terms. Popularly, this is called a viral license, but the software is not a computer virus. Free or open source software is a copyright based licensing system. It typically allows modification and distribution on...

This Article analyzes legal protection for open-source software by comparing it to the venerable civil law tradition of moral rights. The comparison focuses on the moral right of integrity, with which one may object to mutilations of her work, even after having parted with the copyright and the...

Free and open source software (FOSS) is a movement continually gathering accolades as a non-market based system of knowledge production and distribution. This continues even while commercial influences overtake the movement, resulting in many hybrid approaches to software development and...