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Research Of Cloud Computing Service Provider Copyright Infringement Responsibility

Posted on:2015-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:S J XiaFull Text:PDF
GTID:2296330452966947Subject:Law
Abstract/Summary:PDF Full Text Request
Cloud computing is a change of information technology based on theInternet technology. Its application in the obtained the rapid development inrecent years, especially in the information transmission and storage, cloudcomputing service has become an important way of transmission of works.Provide the carrier and platform of the spread of new cloud computingservice providers to work, on the one hand, It greatly promoting thedissemination of the works, on the other hand, the harmfulness of copyrightinfringement is more serious. Cloud computing services emerge in an endlessstream of copyright infringement, and cloud computing is virtual, easyscalability makes it extremely difficult to determine who is responsible forthe direct infringement of the change. So when the infringement occurred, cloud computing services will be the first to bear the brunt, the liability is thejudicial practice key processing object, also become the new focus ofresearch in the field of intellectual property.Firstly, based on the analysis of characteristics of cloud computingtechnology and services of different types, summed up the different tortliability, various types of cloud computing service mode service providers indifferent status and cloud computing services for them. Then through theanalysis of the relevant legal provisions of the copyright under the networkenvironment tort on Internet service provider liability provisions, combinedwith the similarities and differences of cloud computing technology andnetwork technology, the specific analysis of different types of cloudcomputing service providers, copyright infringement liability principles oftort liability, the standard elements analysis of cloud computing servicesprovider copyright responsibility, and further analyzes the computingenvironment "substantial non-infringing use" principle as the applicationproblems of defense in the cloud.The assumption of responsibility, different types of cloud computingservice providers responsible way also has the difference, in the software as aservice, service providers need to bear the direct infringement, in otherservice mode, should bear the indirect liability. In addition,"port principle" can also be used as a cloud computing service providers under the conditionof certain exemptions.Finally, this paper discusses how to use the existing copyright legalsystem regulation in the cloud of copyright infringement, and how to improvethe problems of cloud computing in the field of copyright infringement of thelaw, and puts forward some suggestions. Through the above discussion, thispaper attempts to new characteristics through the analysis of cloud computingservice providers in responsibility, accountability and responsibilityregulation, can provide a useful reference for the infringement of the right ofjudicial practice under the cloud computing environment works.
Keywords/Search Tags:cloud computing provider, copyright, infringement liability
PDF Full Text Request
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