Open source software development—Just another case of collective invention?

Do open source software (OSS) projects represent a new innovation model? Under what conditions can it be employed in other contexts? “Collective invention” regimes usually ended when a dominant design emerged. This is not the case with OSS. Firstly, the OSS community developed the institutional innovation of OSS licenses enabling OSS software to survive as a common property. Secondly, these licenses are mainly enforced by pro-socially motivated contributors. We characterize the conditions under which OSS communities develop and sustain pro-social commitments. We point out the vulnerability of these conditions to developments in patent legislation.