Washington University Journal of Law & Policy Volume 30 Open Source and Proprietary Models of Innovation 2009 Slouching Toward Open Innovation: Free and Open Source Software for Electronic Health Information Greg R. Vetter University of Houston Law Center Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the Computer Law Commons, and the Intellectual Property Law Commons Recommended Citation Greg R. Vetter, Slouching Toward Open Innovation: Free and Open Source Software for Electronic Health Information, 30 WASH. U. J. L. & POL’Y 179 (2009), https://openscholarship.wustl.edu/law_journal_law_policy/vol30/iss1/8 This Essay is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact
[email protected]. Slouching Toward Open Innovation: Free and Open Source Software for Electronic Health Information Greg R. Vetter INTRODUCTION Gartner, one of the most respected market research firms for information technology, recently called open source software the ―biggest disruptor the software industry has ever seen and postulated it will eventually result in cheaper software and new business models.‖1 The degree to which this prediction materializes depends on many influences, one of which is the subject of this Article. I argue that some software markets are more favorable for open source approaches than others. Using a case study of one particular software market, this Article develops a tentative framework of factors characterizing markets likely to disfavor contemporary approaches in free and open source software (―FOSS‖).2 Associate Professor of Law, University of Houston Law Center; Co-Director, Institute for Intellectual Property and Information Law; biography available at: http://www.law.uh.edu/ faculty/gvetter (last visited Mar.