The Legal Standards for Determining the Illegality of Bundling Practices in Open Source and the Improvement of Related Systems

Open source has rapidly developed as a model of technological innovation in recent years. Driven by technological advances, the open source market has expanded rapidly; however, its characteristics have also given rise to potential monopolistic risks. Tying, one of the most common monopolistic practices in open source, poses challenges in assessing its legality and lacks a unified standard for evaluation. Therefore, it is necessary to analyze this issue by integrating traditional legal frameworks with the unique features of open source: on one hand, applying conventional consumer demand principles to determine whether tied products are independent and whether the tying is compulsory; on the other hand, considering the positive effects of open source, such as promoting innovation and providing free features, along with the implications of tying behavior. By addressing these two dimensions, this study aims to clarify the standards for assessing the legality of tying in open source contexts and to enhance the regulatory framework governing such behaviors.