Analysis and Evaluation of Software Protection in Both Open Source and Intellectual Property Rights Systems

Currently there are two legal systems to protect software: the open source system and the intellectual property system.
Historically the open source system was created due to the necessities regarding the production and use of software. The ten principles governing the open source system determine the method and scope of protection of software in this system. Despite the numerous benefits in protection of software through the open source system, the disadvantages are to the extent that the acceptance of this system as a protecting system has been faced with serious doubts.
Protecting software in the intellectual property system, which often takes place in the form of copyright, despite having the advantage of securing legal rights of the software producers, leads to monopoly in the software market and stagnation of the software industry, as well as basic necessities of the software industry -such as updating and compatibility of software-, not being met. Hence, the absolute reception of this system in its current condition is not appropriate.
Present study shows that the disadvantages of each aforementioned systems, has caused the absolute use of each of them as the appropriate support system to face with serious flaws.
Also the fundamental differences between the two systems, especially regarding the assignment of creator’s rights in licenses, makes it impossible to combine these two systems to create a complex system as the proper system for software protection. Therefore, in the current situation, the reform of intellectual property rights in light of the open source system would be the most appropriate method to protect and develop software.