Research On The Infringement Of The Cloud Video Sites

The copyright piracy of video work has always been the most reviled problemfor website industry’s development. In recent years, with the improvement ofright-consciousness and law-enforcement, the enthusiasm of purchasing hit showcopyright and exclusive license boosts the price of copyright. Except a few ofwebsites, most of them are at a loss.The advent and upsurge of Cloud Computing not only injects new blood to nettechnology but also provides fresh chance to net service provider. Traditional businessmodel has generated a lot changes due to the commercialization of this technology:large numbers of well-known companies devoted themselves into the cloud video,which has promoted the development of cloud video and altered the traditionaloperating models to some degree.The application of this new technology has caused some difficulties ofdetermining infringement of copyright on video websites. In past three years, theinfringement of copyright cases causing by commercial Cloud Video Technology haveemerged nationwide. However, regarded to the determination of infringement ofcopyright case based on the video net websites, different courts hold quite differentopinions.Based on the exploration and clarification of case of Shanghai Joy Net Co,.ltdsued Wuhan Net&Television Co,.ltd and Wuhan Broadcasting Bureau for infringingits right of communication through information network, this thesis attempts to makeit clear that what the influence of technology development may have to legal nexus.This thesis comprises four parts including the introduction of case and theanalysis of legal issues.The first part introduces the relative case.The second part discusses the influence of change on business models from theview of legal. The application of Cloud Video Technology alters the operating modeland benefit model, as more subjects get into the process of broadcasting video withthe specification of business, which would influent the determination of tort feasor.The influence is explained by two questions: one is what the legal nature of eachsession of such technology and participants on copy law, another is some analysis and discusses about the specific issues caused by the change of business model.The third part taps into the different standards of determination of act to directlycommunicate information on the internet from the point view of technical innovation.Because of different understanding of the act to directly communicate information onthe internet, there exists two standards, which are “technical standards” and “userstandards”, to divide “direct infringement” and “indirect infringement”, and the firststandard has become the mainstream point view. However, to determine the act todirectly communicate information on the internet only depends on the “technicalstandards” would lead the copyright proprietor lose the control of such act.The forth part expounds the conclusion of this thesis, which summarizes thestandard of care and the related liability of each participant taking part in thecommercial Cloud Video Technology. Besides, personal suggestion and opinions alsobe put forward.