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South Korea, OSS License Guide Announced
The Ministry of Information and Communication (MIC) and Korea Software Copyright Committee (KSCC) determined and published 'Open Source SW License Guide' (the Guide) that easily explains how to use Open Source SW License such as GPL (General Public License).

Ideas from enterprises, such as Samsung Electronics and LG Electronics, which have their own guides for open source SW management, are reflected in the Guide.

The Guide explains how to strategically manage and utilize open source SW as well as what the open source SW is and how to use it. Explanation for GPL, an open source SW, published in June, 2007, is included in the Guide as well.

According to the Guide, an open source SW cannot be used any more if an open source SW user, who becomes acknowledged that his/her license is used as part of the open source SW, files the suit. This is due to the increasing possibility of conflicts, such as the infringement of copyright and the breach of contract, that frequently take place when an open source SW is used for the purpose of developing a commercial SW.

It also emphasizes that the permission of patentee must be obtained in order to widely distribute a SW that is materialized from the third party patent in the condition of GPL. In addition, it indicates that, in order to effectively manage open source licenses, a company has to decide whether or not an open source SW should be applied and, if yes, what kind of programs should be used. If a company opens source codes developed by itself, it must be careful to exclude them in the company's list of intellectual property, to confirm whether or not the developer uses open source SW without verification, to sort out applied open source SW by the category of license, and to confirm whether or not it follows the Guide about 'source code open' and 'clear statement of whether or not a open source SW is used.'

Though many SW developing companies have used open source SW to decrease costs and curtail the terms for development, their lack of understanding about license has increased the possibility that they are entangled in the conflicts related with intellectual property. In this respect, the Guide is expected to considerably help medium and small enterprises that have no experience in managing open source SW licenses.

The MIC plans to distribute the Guide through the homepages of the MIC and its affiliated institutions. It also plans to circulate its hard copies to medium and small enterprises and to offer educational programs through its affiliated institutions.


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