لیسانس نرم افزارهای اپن سورس و حقوق رقابت:تعاملات و تعارضات

Open Source Computer Programmes andCompetition Law: Harmonizations and ConflictsOpen source software refers to any computer program whose source code ismade available to anyone for use or modification or copy and distribution. Inother word, the open source owner waives restrictively his monopolies givenby IP law and license the public to use. Relation between Open-sourcesoftware and competition law derives from the fact that the philosophy ofopen-source software is to oppose to any kind of monopoly in the softwaremarket in one hand and the main purpose of competition law is to controlany monopoly and to prohibit abuse of dominant position in another hand.Thus, both of them seem prime faci against monopoly and thereupon it maybe assumed that they are completely compatible with each other andtherefore no open-source term shall be treated as anti-competitive. Thisresearch, showing that this initial perception does not seem correct, clarifiesthat open source licenses in some circumstances can be anti-competitive. Forthis purpose, royalty-free or copy left terms or patent retaliation clause areparticularly discussed and it is shown that they might be suspected to be anticompetitive.Thus, it is necessary that the Iranian Council for Competitionconsiders this kind of licenses and determines their anti-competitiveprovisions in advance.Keywords: Open Source Software, Open Source License, Competition Law,Free Royalty Clause, Copy Left Clause, Abuse of Domain Position