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Research On Civil Legal Issues In The Context Of Cloud Computing

Posted on:2013-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y GaoFull Text:PDF
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Cloud computing brought along with the change of the order of network space, information security and user rights are challenged. But, at present the theoretical circle of cloud computing research mainly about information security, protection of the rights of users of insufficient research. This paper from the view of the relationship base on the civil law, through the study of the cloud service provider provides electronic contract format, combined with the characteristics of cloud service itself, analyzes cloud service provider the rights, obligations and its civil liability, and further discussed the cloud of intellectual property rights protection. This article aims to clear the responsibility of breach of cloud service provider and tort liability, maintain stable network order, and correct the network environment in the fairness and justice, and to promote the development of the new industry puts forward the idea.This paper briefly introduces the cloud computing and the legal problems, the first part of main discusses the responsibility of breach of cloud service provider. Cloud services belong to online service, network users need to agree to cloud service provider of online service agreement provisions, just can use the service. But, cloud service provider in the network service contract often avoid responsibility, limited network users rights. This article through to the cloud service providers specified network service agreement of research, puts forward the should bear the responsibility of breach of contract obligations and after, and better protect the rights and interests of Internet users.The article mainly discusses the second part of the special circumstances cloud service provider of the tort liability. Because cloud services include large computing resources, easy to hackers, criminals use, and users must through the application can use cloud services, so the cloud service provider to the request of users need to monitor, discover users have unusual request shall be disconnected when service, lest the user use cloud services for mass destruction activities. Based on risk control theory, cloud service providers of risk control is far less than the cost of criminals use cloud services of the damage caused. So it should take the advance review obligation, and the because of gross negligence should find and did not find, should stop and did not stop activities, and illegal elements shall be jointly and severally liable.The first two parts around cloud service providers and main network users of the rights protection and restrictions between discussions, let cloud service provider assume corresponding civil liabilities, it can improve network users to cloud the confidence of the service, maintain the balance the interests of both parties. Therefore, this paper is focused on the last part of the cloud computing environment protection of intellectual property rights. Cloud computing of the new industry, in addition to clear the civil liability of the cloud service provider, still need to establish the corresponding incentive mechanism, make cloud service provider innovation. Both reasonable limit cloud service provider rights, and we need to protect its intellectual property, to make the interests of all parties are protected.
Keywords/Search Tags:cloud computing, cloud service provider, liability for breach ofcontract, Tort liability, Intellectual property protection, patent
PDF Full Text Request
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