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ARTICLE · 15 SEPTEMBER 2022

How Copyright Applies To Free-to-copy Open-source Software

"There is nothing new under the sun" – a fact truer than ever in the information age. More specifically, open-source software has propelled the world into an era where developers...

South AfricaIntellectual Property

"There is nothing new under the sun" – a fact truer than ever in the information age. More specifically, open-source software has propelled the world into an era where developers can spend their time providing solutions based on the work of others instead of reinventing the wheel, due to lower input costs, the scale of collaboration and the upstream benefits that it provides.

One might ask whether open source code is truly free from copyright and if it can be commercialised. Before answering this, it is important to have a clear understanding of what is meant by 'open-source'.

Essentially, open source software is software subject to a license agreement which allows the software to be freely accessed, used, changed, and shared in both modified or unmodified form. The extent to which the software is open source is a matter entirely regulated by the terms and conditions of the licensing agreement.

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