Previous literature on open source software (OSS) mostly analyzes organizational issues within communities of developers and users. This paper focuses on profit-oriented organizations that release software products under OSS licenses, and argues that variations in their endowments of intellectual property rights, namely patents and trademarks, help to determine which firms will tend to incorporate OSS into commercial products. We develop a theory to explain whether and under what conditions preexisting stocks of intellectual property rights can be useful complementary assets that allow firms to benefit directly or indirectly from commercializing OSS products, and test this theory on a novel dataset built on firms' announcements of OSS product releases in the specialized press during the period 1995-2003. We find that (a) firms with large stocks of software patents are more likely to release OSS products; (b) firms with large stocks of software trademarks are less likely to releas...
Andrea Fosfuri, Marco S. Giarratana, Alessandra Lu