The Research Of Copyright Matters Under The Environment Of Cloud Computing

The innovation of communication technology is tightly link to the innovation ofCopyright Law. As technology continued to expand, progress, and develop, lots ofnew copyright come out. For example, the right of copy, rental right, and the right ofcommunication through information network are made after the appearance of art ofprinting, recording machines and communication of network. As the latest sciencetechnology of computing, cloud computing seem to be change human beings’ dailylives, which including the ways of generating, transmitting and sharing informationeveryday life. In this paper, I attempt to discuss the challenge of the copyright law ofour country under this circumstance and try to make a proper legislativerecommendations to perfect our legislation by referring the latest cases of Americaand foreign legislation.Chapter one is mainly about the definition and pattern of cloud computing, andthe overall impact of copyright law by this technology. There are three basic patternsof cloud computing, IaaS, PaaS and SaaS. And SaaS, whose pattern is closer tied toconsumers and generates more copyright disputes with the right holders, has raisedmuch problems such as buffering, temporary copy and some others, which makesmany countries, including the US, try to find some solutions to solve the problems.In chapter two I try to analyze the impact of the copyright law under cloudcomputing by referring the legislations and cases in our country, and I find that thereare three main problems we have to solve. The first one is the right of communicationthrough information network, which is made by the two conventions of the WorldIntellectual Property Organization, however, the name of this right is definitelydifferent from the name of those conventions. Moreover, some concepts of the right ofcommunication through information network must be clarified. The second one is thediscussion of temporary copy, which is a normal mode in cloud computing. In ourcountry, temporary copy is not a express term of copyright law, but it is time tochange now. The third problem is the way to use software in cloud computing isfundamental different from the traditional form, and he right of communicationthrough information network can no longer cover this mode, we have to find anotherway to regulation this mode of software using.In chapter three I make some legislation recommendations by analyzing differenttheories and researching the comparative law. Firstly, we should make some adjustments of the right of communication through information network, whichinclude changing its name to the right of communication to the public and making thefurther clarification of the concepts. Secondly, we should distinguish technicaltemporary copy from non-technical temporary copy, and technical temporary copyshould be regulated by the right of copy. Thirdly, the use of software under cloudcomputing may be the mainstream form of software using in the future, that is to say,expanding the rental right, which admit digital renting, is a great process of legislationof our country.