The possibility of protecting the rights of the creators of open source software from the perspective of intellectual property rights and guaranteeing its civil enforcement in Iranian law

Abstract

Open source software is one of the important topics of the development of new technologies, which needs to be discussed from a legal point of view. The purpose of this article is to examine the question of whether it is possible to protect the rights of the creators of open source software from the perspective of intellectual property rights. And what is the guarantee of its civil implementation in Iranian law? This article is descriptive and analytical and has addressed some of the mentioned questions using the library method. The findings showed that the open source system is a system that was created in parallel with the intellectual property rights system to support and develop the software industry according to scientific and economic needs. This system has different principles from the principles of intellectual property, the basis of which is the freedom of access to basic knowledge and the source code of the software. In this way, preventing others from accessing the source code of the software, which is allowed in the intellectual property system and is considered as a trade secret. It is completely against the principles of this approach. Also, material rights such as the right of reproduction, distribution and other commercial exploitations, unlike the intellectual property system, are not assigned to the creator and only restrictions can be applied on how to fulfill them under open source licenses, but the possibility of depriving others of these rights is generally prohibited.. Open source software is a type of software that, when it is released, the source code is available to users and allows them to copy, modify, and reproduce the software and its source code. Of course, this does not mean that these softwares are free, but users can receive an amount for the distribution, provision of services and works derived from such softwares, as a result, it can be said that despite the fact that most open source softwares are free, the focus This approach is based on free access to the source code and its free transfer, not the free price of the software. Open source softwares have owners and their use must be done according to the regulations of open source licenses. Failure to comply with it is a guarantee of civil enforcement and subject to compensation in Iranian law according to the Law on Protection of Computer Software Creators 1379 and its Executive Regulations.