Open-Source Software: An Examination of Intellectual Property Law versus Contract Law

The imperative for the protection of intellectual property rights concerning computer programs arises from their pivotal role in modern society and the considerable resources invested in their development. However, there are ongoing movements advocating for the release of certain software outside the traditional economic paradigm of intellectual property, promoting the concept of open-source software. Advocates of these movements emphasize the importance of user freedom in both the development and application of software. As a result, users must accept specific contractual terms when utilizing the software, which regulate modifications and redistribution. While some international courts classify such software within the intellectual property framework and subject it to applicable legal rules, a majority of legal scholars contend that these protections are more appropriately situated within the realm of contract law. This article investigates the validity of such contracts within the context of Iranian law, assessing their classification among conventional contract types. The research ultimately concludes by affirming the legitimacy of these contracts based on their intrinsic stipulations.