Study On Legal Issues Of Digital Rights In The Environment Of Cloud Computing

From the historical perspective of the copyright law development, emergence and development of copyright law has been linked closely with the technology. We can say that copyright protection originated in the development of science and technology. At the same time, the evolution and amendment of copyright law is still related closely to the progress of science and technology. However, copyright legal system can’t keep up with the progress of science and technology. Once a new technology occurs, It always faces various kinds of challenges. The emergence of cloud computing is no exception, which bought an enormous challenge to traditional copyright law in aspects of the proprietary rights, temporary reproduction, fair use and so on. Cloud computing is a kind of service which dynamically provides eventualzed, scalable IT services according to users’ needs. It is based on virtual technology as the core, driven by the scale economies, using Internet as carriers, relying on the IT resource pool that composed by a large number of computing resources for support. In a word, powerful computing and storage capacity is the core of cloud computing, as well as the core resources of cloud computing service providers. There are three kinds of cloud computing service models:Infrastructure as a Service; Platform as a Service; Software as a Service. At present, cloud computing has not involved in Chinese legislation, still no case of infringement of cloud computing in judicial practice, whereas the development of cloud computing brings great impact on Chinese existing copyright system. Thus, researches on cloud computing has great significance to legislation and judicial of Chinese copyright. This paper is based on the analysis of computing and digital rights, pointing out problems of digital rights under the condition of cloud computing. According to the theories of copyrights, this paper stressed that our department concerned should propose a response system for the copyright law to deal with the cloud computing development. Specifically, the paper is divided into six parts.The first part mainly introduces concepts of cloud computing, characteristics of cloud computing which occurs as an emerging technology, as well as the service model of Cloud computing.The second part focuses on the theory of rational use of the system, and discusses the digital network technology of cloud computing impact on the rational use of the system. Pointed out that cloud computing environment suitable for the rational use of space systems become atrophy.The third part describes in a cloud computing environment, tort liability issues cloud storage service providers. Cloud computing direct infringement under ambient cloud storage service providers better identify, but indirect infringement occurs because the storage in the cloud service provider’s server, the user can not directly manage their stored content, which led to the cloud storage service providers subjective fault not identified, brought new problems identified.The fourth part of the problem under the cloud computing environment rental rights for related discussion. Cloud computing environment, users care about is whether the service can meet the needs of its data operation, the user does not directly possess copies of works, but now finds the object of copyright law is the work itself rental rights, the right to hire based on traditional physical carrier transfer of possession based on new issues such traditional right hire can not resolve problems in the cloud computing environment digital Rights rental.The fifth part is a temporary copy of the issue discussed in the cloud computing environment. Cloud computing environments become more prominent issue a temporary copy, and therefore define the nature of the temporary copy, whether within the scope of the temporary copy right of reproduction, which for the development of cloud computing has become particularly important.Part VI made mainly on cloud computing-related legislative proposals under the new environmental problems. Cloud computing environment can not meet the traditional copyright laws to protect the environment under the new digital copyright, the legal system of China’s copyright system should make the appropriate response. There are sound copyright licensing system, the introduction of copyright compensation system, strengthen technological protection measures, appropriate to strengthen the cloud computing service provider’s legal regulation, improve the relevant provisions of copyright law, changes in the rational use of legislative model system.