Chinese Law Perspective Study on the Legal Issues Related to the Violation of Open Source Licenses: Taking GPL as An Example

Ziyi Wang

2025

Abstract

Open-source software has emerged as a pivotal force driving technological innovation in the country. Its legal foundation, the open-source license, is essential for ensuring the unimpeded circulation of software and protecting developers' rights. The prevalent use of GPL licenses, coupled with their highly infectious nature, has given rise to legal controversies. In China's judicial practice, GPL violations often result in concurrent tort and contract liabilities. While infringement claims better safeguard rights holders' interests, punitive damages should be imposed judiciously. This article highlights that in GPL-licensed open-source software infringement disputes, the software's originality should not be disregarded due to illegal creation processes. Through case analysis, legal doctrine examination, and comparative research, the article aims to bridge domestic research gaps, integrate Chinese law with international experience, and propose improvements to balance creators' interests and foster the healthy development of open-source software.

Paper Citation

in Harvard Style

Wang Z. (2025). Chinese Law Perspective Study on the Legal Issues Related to the Violation of Open Source Licenses: Taking GPL as An Example. In Proceedings of the 1st International Conference on Innovative Education and Social Development - Volume 1: IESD; ISBN 978-989-758-779-5, SciTePress, pages 158-165. DOI: 10.5220/0013975200004912

in Bibtex Style

@conference{iesd25,
author={Ziyi Wang},
title={Chinese Law Perspective Study on the Legal Issues Related to the Violation of Open Source Licenses: Taking GPL as An Example},
booktitle={Proceedings of the 1st International Conference on Innovative Education and Social Development - Volume 1: IESD},
year={2025},
pages={158-165},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0013975200004912},
isbn={978-989-758-779-5},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Innovative Education and Social Development - Volume 1: IESD
TI - Chinese Law Perspective Study on the Legal Issues Related to the Violation of Open Source Licenses: Taking GPL as An Example
SN - 978-989-758-779-5
AU - Wang Z.
PY - 2025
SP - 158
EP - 165
DO - 10.5220/0013975200004912
PB - SciTePress