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Discussion On Several Problems Of Infringement Of Copyright Under The Environment Of Cloud Computing

Posted on:2014-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:P Y LuoFull Text:PDF
GTID:2256330425971655Subject:Law
Abstract/Summary:PDF Full Text Request
Cloud computing is increasing, related services of Internet use and delivery model based on, usually involving provides dynamically scalable and often virtualized resources through the internet. Cloud services platform with dynamic resource allocation, service self-help, network centric, service can be quantified, the resource pool and transparent five characteristics. Cloud computing of the copyright under the environment with some traditional copyright different new characteristics:one is the meaning of the copyright under the environment of cloud computing is the legal recognition, requires a lot of copyright theory to support the judicial practice, the legal copyright under the environment of cloud computing is earlier than the relevant judicial practice; two is due to the cloud computing environment copyright does not exclude the same or other similar works creation, so the patent and trademark, copyright under the cloud computing environment has relatively weak; three is the cloud communication works not subject to time and geographical constraints, the use of Copyright Parallel Import regional confrontation, shaken cloud computing, regional copyright under the environment is not conducive to the protection of damage; four is the work to smooth dissemination in the cloud computing environment, must exist in digital form, so the original work still has the originality, is an important object of digital works copyright under the environment of cloud computing.For the calculation of environmental attribution copyright issues in the cloud, and the country is held to different standards of originality, resulting in works by the scope of protection be quite different. This paper thinks that, should the original standard to a minimum, fairness and author of the interests of the public, should not be too low or too high.With the progress of technology, copyright, due to technological change and precedent and constantly enrich and improve the. Copyright liability is the key to the protection of the right of technological progress and works. See from the historical development of the copyright law, the emergence and development of copyright law has always been closely related with technology. Since1710, the world’s first modern copyright law in Britain since the birth of Anne law, copyright law has experienced the printing, broadcasting and digital three great technological leap. Can say, the copyright protection in the development of science and technology, and the progress of science and technology and copyright law is closely related to the evolution and correction. But the copyright law and the development of science and technology is not synchronous, whenever new technology appears, the copyright legal system is facing new challenges. Similarly, the emergence of cloud computing and also puts forward a new challenge to the judicial protection of copyright, such as the temporary copy problem definition, safe harbor rule application, electronic evidence difficult problem. To accelerate the improvement of judicial protection measures, therefore, appropriate to introduce the compensation system, strengthen government supervision and industry self-discipline, should be an important way to solve the problem.
Keywords/Search Tags:Cloud computing, copyright, infringement, electronic evidence
PDF Full Text Request
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