Study Of Intellectual Property Protection Of Android System

Android system is a smartphone operating system used on mobile electronic devices,developed and promoted by Google Inc., USA, because of open source, free andpowerful, it is very popular.As computer software, the Android system is protected by the legal of copyright law,patent law; what’s more, the Android system follows the rules of the open sourcesoftware licenses as open source software.The objective expression of Works is the object of protection of copyright.Reasonable use of copyright is a main issue during the applying of the law and a vividmanifestation during the lawsuit between the Google Inc. and the Oracle Inc. Reasonableuse exists as an exception of copyright for the purpose of the nonprofit.Copyright laws protect works mandatorily, which is in conflict with the conceptionof freedom of expression. Copyright and freedom of expression have legal origin,however, different rank and angles make the difference between each other, it should beconsidered that whether the rapid expansion of copyright hampered the freedom ofexpression in specific conflicts from a human rights perspective.Copyright protection focuses on the expression and patent protection focuses on theidea. The same idea may have different expression, copyright protects the means, buteasy to overlook the essence. The protection of Patent is more root causes.The openness of Android system is the source of its strong vitality, but the moreopen the more likely the risk of patent infringement exists, act as the leader of Androidsystem, Google makes Android system perilously because of its shortage of patentreserves.The scope of protection of the patent of Android system, the boundaries of thepatent rights and non-patent rights and Whether the infringement are clearly delimited byCombining Claims with instructions. Alliancing, enriching the patent library, combiningthe legal means with business means, the patent of Android System can be wellprotected.Open source can be accessed to the source code, can be freely distributed, can be shared without difference, but the open source definition does not reflect the freerequirements, open source beyond simply being able to get the source code. Androidsystem is not only to meet the open source definition software requirements, but alsostrictly fulfill the requirements of open source. Android system is open source software.As an open source software, open source software license is extraordinary importantto Android system. Copyright follow the autonomy principle of civil law, which permitsthe existence of licenses. What’s more, In order to ensure the source code is opened, it’salso contributed to the birth of the open source software license.Because of free to use, open source software license reflects its value only whenit’s modified or re-released. Because of free to use mostly, open source software licensehas no warranty clause.On the issue of license selection,“Copy left” from General Public License (GPLV2)can ensure thoroughness and heritage of Android system; however, under the selection ofGoogle, Android system is seen as a freedom of choice that should promote rather thanforcing everyone to join this open source project with the Apache License.