The Open Source And Industry Alliance (OSAIA) today deplored recent comments of a US Patent and Trademark Office official who claimed that copyright law does not protect the rights of open source developers. Since open source software licenses rely largely on copyright for their enforceability, copyright protection is vitally important to protect open source developers from illegal use and reproduction.

In a letter sent to Lois Boland, acting director of the USPTO Office of International Relations, OSAIA invited the PTO to begin a dialogue with the open source community in order to correct misperceptions concerning open source software, which can be used, copied, modified and distributed without additional charge so long as additional terms of the license are fulfilled.

“The assertion that open source software is not covered by copyright is patently absurd,” OSAIA Founder Ed Black said. “There is no basis for this claim anywhere in law or industry practice. We're simply flabbergasted to hear such statements from government officials who are supposed to support the rights and obligations of those who use and produce intellectual property. Because we assume that this position by PTO lacks Administration sanction, we believe clarification is necessary.”

A PDF copy of the letter is available here.