Study On Software Rental Rights Under The Model Of SaaS

SaaS（Software-as-a-service）is a kind of new software business model, which on thebasis of "cloud computing", to offer software service on line. According to actualneeds, users can rent software through the Internet to obtaining the Use rights within acertain period. Users can enjoy the “Personalized Software Services”, by paying forthe number of software they used and the length of time they received services. Modelof SaaS is different from traditional software business model, with the technicalfeatures and the corresponding legal characteristic. Therefore, regarding its legalqualitative caused many disputes in academic circles. Through combing analysis, thisarticle will explore the limitations of traditional software copyright protection, andanalyze the rationality of Software Rental Rights applicable to the SaaS model. Thisarticle also will discuss the acquisition, the exercise and the tort protection about theSoftware Rental Rights under the model of SaaS.The first chapter mainly introduces the software development process of businessmodel and the corresponding evolution of copyright legislation，outlines the conceptand characteristics of SaaS model and points out the particularity in terms of softwareprotection. The second chapter is the core of this paper. It focuses on exploring thereasons, why traditional software protection methods have limitation on SaaS model.This chapter will analyze the rationality of Software Rental Rights applicable to theSaaS model, through the perspective of the nature of "temporary use”, the object ofeligibility, and the characteristic of paid rent. The third chapter mainly discusses theacquisition, the exercise and its external rental contract properties about the SoftwareRental Rights under the model of SaaS. The key point of this chapter is pointing outthat paid licensing contract is the essence of software services contract, and theSoftware Rental Rights is its’ the kernel. The final chapter of this paper mainlyanalyzes the mistaken ideas about Rental Rights Infringement under the model ofSaaS and points out such as stealing account, illegal transfer of accounts, does not fallwithin the scope of rental rights infringement. Through the analysis of the constitutiverequirements of infringement, this chapter points out the specific form of RentalRights Infringement and ways of bearing the legal liability.