On The Right Of Software Reproduction In Cloud Computing Era

In the traditional technical conditions, the user copy using the software orbrowsing data behavior will make information and installation packages are stored onthe local computer, but cloud computing technology, this phenomenon has shifted,they are no longer continuingon the local computer, but unified storage in the cloudserver, the software program is no longer through a physical carrier is fixed in whichthe local computer, but is temporarily stored in the memory of the personal computer,a temporary copy in memory formation,temporarily stored in the computer’s memorywhen the user moves the computer’s power is turned off or other operatinginstructions, all temporary information will be deleted, which in the end user’s localpersonal computer software program and not the existence of long,is the thetemporary replication process under the cloud computing technology, in this processwill be generated in the computer’s memory a temporary copy, it is fundamentallydifferent from the traditional replication behavior, so we can not directly included inthe traditional replication within the control of. Our laws at this point there are stillblank spots As cloud computing is a wide range of development, as well as the copyof the related software more and more cases, but the rights of the copyright owner cannot get the protection under the law, so to compensate for this legislation in the fieldblank is very necessary. This article will mainly focus on software in the cloud eratemporary copy discussions, actively looking for solutions.The first chapter cloud computing era is no longer a permanent copy, but temporary copy software copy. It is no longer consistent with the physicalcharacteristics of the traditional right of reproduction, because the temporary copy isno longer long-term, sustainable and stable exist in a physical carrier, incidental, noindependent economic and copied again three major characteristics. But at this stagethe legal profession at home and abroad are not a uniform definition of the legalnature of the temporary copy of this act, that it can be summed up in the end whetherthe control range of the traditional right of reproduction, but with the popularity ofcloud technology and software to copy generally exist, this issue needs to be resolved.The second chapter of the international and domestic law defined the legal natureof temporary copy took a different view, some countries think we should put the copyin the temporary control range into the right of reproduction, there are some countriesthat temporary copy does not belong to the violation of the right of reproduction,lawdid not make a temporary copy of the legal nature of a clear qualitative, but it comesto the software reproduction rights cases in the judicial practice more and more.The third chapter of the relevant legislative proposals can be two ways to solvethis problem. First, the temporary copy in the use of the software process aresummarized in the control range of the right of reproduction, but the network during abrowsing session defined as temporary acts of copying software does not infringe theright of reproduction exception Another solution is independent of the original systemof rights, individually designed software use rights.The forth chapter defined for the temporary copy the legal nature of the twoprograms feasibility analysis, correlation analysis advice.