The Intellectual Property Of The Open Source Operating System For Mobile Terminals Research

This study started from analyzing the open source software, followed by briefintroductions of commercial software, shared software, free software and publicdomain software. Then, types of open source software licenses were compared, andthe issues about intellectual property rights of mobile terminal based open sourcesoftware were discussed. Subsequently, the development history, current status, recentcases and intellectual property protection of mobile terminal based open sourcesoftware were analyzed.In the United States, the protection of intellectual property rights is mainly reliedon legal means to maintain the fairness of the market competition. And they believethat open source software will dominate the mobile application software market.However, in European, the development of intellectual property protection is quiteunique, as they tried to protect intellectual property rights as well as trade freedom.Moreover, the discussion about protection of intellectual property rights in Chinasuggests that the patent battles should not limit to open source software andenterprises should not avoid disputes of patents. On contrarily, they should work outcountermeasures for patent battles. Therefore, I had some suggestions aboutintellectual property protection of mobile terminal open source operating system inChina. Based on the characteristics of the open source operating system, theintellectual property laws and regulations in China should be further developed andimproved, especially the copyright, patent and trademark system. A feasiblemanagement system of software patents should be established in order to support thedevelopment of the open source software enterprises.The paper is mainly divided into5parts. They are analysis of open sourcesoftware, intellectual property of the mobile terminal open source operating system,the protection of intellectual property rights of mobile terminal open source operatingsystem in foreign countries, the protection of intellectual property rights of that inChina and suggestions for the protection of intellectual property rights in China.First part of this paper introduced software categories, concept and developmentof open source software and license types, which based on mobile terminal opensource operation system theory. The free, open character of open resource softwarewas defined through comparative study of software categories. According to comparative study of license system, current license category was defined and opensource movement was believed to expand in depth.In the second part, this paper mainly introduced the definition、characters ofmobile terminal. Open resource operating system was becoming the main stream inmobile terminal field. Then hot topics like patentability, patent licensing andcopyrights processing of software operating system were discussed based on twoinfluential cases result from open resource operating system.The third part of this paper, the mobile terminal open resource operating systemintellectual property protection of United States and Europe was taken as an exampleto discuss foreign countries’ advanced experience, so that comparison with ourcountry could be prepared.The forth part was mainly about the issues of intellectual property protection ofmobile terminal open source operating system in China. Starting from thedevelopment status of mobile terminal open source, the paper analyzed the pros andcons of open source software to underdeveloped countries, and the result showedadvantages far more outweigh its disadvantages in China. In the end of this part, thispaper discussed the problems of intellectual property deficiency of mobile terminalopen source operating system in china.In the last part, based on current situation of mobile terminal open sourceoperating system in China, improvement suggestions were given from three aspects oflaw, which are copyright law, patent law and trademark act, importance of speedingup the development of own intellectual property operating system were shown intechnical filed, and proposals were offered to implement mobile terminal openresource operating system in China from policy level.