Q

Open source and the First Amendment

Where in the First Amendment does open source fall under? How is it protected?
There is obviously no specific provision within the First Amendment to the United States Constitution that applies to open source software. More generally, software has been characterized as expression subject to the protections of the freedom of expression clause within the First Amendment and this would apply to open source software as well as proprietary software. I am unaware of any appellate court rulings that would treat open source differently, either more or less expansively, than proprietary software in this context.
This was last published in October 2005

Dig Deeper on Enterprise applications for Linux

Have a question for an expert?

Please add a title for your question

Get answers from a TechTarget expert on whatever's puzzling you.

You will be able to add details on the next page.

Start the conversation

Send me notifications when other members comment.

By submitting you agree to receive email from TechTarget and its partners. If you reside outside of the United States, you consent to having your personal data transferred to and processed in the United States. Privacy

Please create a username to comment.

-ADS BY GOOGLE

SearchDataCenter

SearchServerVirtualization

SearchCloudComputing

SearchEnterpriseDesktop

Close