Research On The Tort Liability Based On Information Transmission Right In Cloud Service

Both in the field of information technology and the field of copyright，the impact ofbusiness applications in cloud computing service is much more Significant than before，the development of the technology not only brings us convenience but also tests thetolerance of traditional legal system. Our Copyright Law gives the network environmentthe right of network dissemination of information and a series of copyright protectionsystem, but the inevitable legislative lag intensify existing conflicts every moment. So thisarticle attempts to discourse from particularities of cloud computing and informationnetwork transmission right, clarify the tort liability under the cloud computing service.Chapter one to Chapter two, first introduce the concept of cloud computing servicesand the three service models, and then describe the concepts and features of theInformation Transmission Right, and based on the value orientation of our legislativeenvironment of cloud computing services, give an analysis of Information TransmissionRight, and explore the control of information Network Transmission Right and infringingfeatures in cloud computing services. Derived software as a service model does not fallwithin the information Transmission Right, clear the types and components of InformationTransmission tort liability in cloud computing services, laying the groundwork for thediscussion of typed below.Chapter three, identifies Information Transmission Right directly tort liability incloud service, provider from a direct infringement of responsibility. The "software as aservice" model should be controlled by electronic rental rights of advice, so cloudcomputing services within the scope of direct tort liability of the service provider is not inthe text.Chapter four identifies indirect infringement liability in network services, then tothe cloud service provider indirect infringement liability. Three cloud service models havespace service in common, so we discuss in the traditional theory from tort,subjective faultcriteria, the interpretation of the save principle, and the way to burden responsibility.Finally, explores the special nature of cloud computing service providers’ Secondary Liability in a case.The fifth chapter, on the basis of the previous analysis from the legislative level, thetechnical aspects of the judicial level, and economic level of the regulatory in cloudcomputing services under the Information Transmission Right tort liability, try to clear thecloud computing services Infringement and give a few suggestions in tort regulation.