Research On The Copyright In Cloud Computing

The specific characteristic of the copyright in cloud computing is the compatibility between work utilization in cloud and copyright system.The diffrences between the work utilization in cloud and work utilization on net are:(1)The resouce is provided as a service in cloud;(2)The transfer and usage of the work utilization in cloud goes nowhere except in cloud,The participation of local electronic equipments is not very much;(3)The self-help of the user is in a high level.So it leads to the special copyright problems in cloud,includes: The adjustment of proprietary right system caused by the work utilization in cloud;The change of principle in identifition of infringement;The development and adustment of fair use.There is a compatible problem between the current proprietary right system and software service in cloud which is the work utilization in cloud.The right of communication through information network,which we used to apply to the infringement of network communication,can not apply to the infringement of software service in cloud without authorization.Comparatively speaking,the proper right of rent accords more with its nature.It does not mean the right of communication through information network is declining,there are still a lot of problems on net can be solved by it.The right to preserve the integrity of work is more suitable in indirect third-party plug-ins problems.We can see that more and more proprietary right can be applied to the work utilization in cloud.It is not easy to identify the infringer and infringement of the work utilization in cloud.We should distinguish the subjects of different conducts.The operation caused by user,the operator is the user.If there is an extra operation which is set-up by cloud service provider,the operator is the cloud service provider.And if the consequence of the extra operation can be re-used,the extra operation should be identified as an infringement.The principle of “like cable” from Aereo case is very important to identify the infringement in cloud.We propose the principle of the similar substantive conduction,prove its legitimacy and feasibility in applying to identify the infringement in cloud.The software developers do not have the way to acquire the idea of the software in cloud by the special characteristic of the work utilization in cloud.It is different from the fair use problem on net which is focused on the use of the work.The fair use problem in cloud is focused on the acquirement of the idea from the work.We try to solve the problem with the combination of the fair use system and the copyright registration.At last,we appeal that we should encourage the developent in cloud service other than supress.