On the role and importance of copyright in open source software projects

Open source software has grown drastically in popularity and importance in recent years. It is estimated that up to 98% of all codebases contain some amount of open source code, and the vast majority of source code in these codebases is also open sourced. As the popularity and importance of computer software as a whole continues to increase, so does the importance of a well-established and clear legislative framework around open source. The most well-known form of protection of open source software is believed to be open source software licenses, which set the terms under which downstream users may enjoy freedoms that are normally restricted to copyright owners exclusively. However, under the hood of these licenses that have been widely accepted and respected throughout the open source community lies the copyright system, with principles imported almost directly from an era during which computer software was not even a conceived thought. This thesis identifies the role and importance of copyright in the open source development model, recognizing that the open source licensing model is contingent on the established copyright doctrine. Additionally, some uncertainties regarding copyright questions are given the spotlight, as well as some open source exclusive quirks when it comes to the applicability of certain copyright principles. The main methodology of the thesis is doctrinal legal research, with a focus on the major jurisdictions and an attempt to achieve a globally applicable framework due to the collaborative nature of open source. The thesis reinforces the idea that copyright has been well established over the recent decades as the main form of protection for open source software, and it should remain as such. The thesis also identifies that future industry developments related to generative artificial intelligence may be putting this established order of things at risk.