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The Research Of New Issues And Legal Protection Of Copyright In Cloud Computing Environment

Posted on:2016-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:N LiuFull Text:PDF
GTID:2296330467493577Subject:Law
Abstract/Summary:PDF Full Text Request
The development of Internet has brought great changes to the whole world at the end of the last century. As a new kind of computing pattern, cloud computing is gradually stepping into public eyes, which will lead the new reform of the Internet. Cloud computing is not only a new type of computing model, the net service model--ervices to all, which provided by the cloud computing will make great differences compared the traditional network environment on the creation, transmission and application with an environment like cloud computing. It also bring strong impact on the existing of copyright law.With the promotion of cloud computing applications, a large number of temporary copies would be produced. To be the replica of the traditional copyright law should not leave the two basic elements—apacity and period, temporary copies cannot be directly allocated traditional replica because of its transient characteristics. If it persists, the uncertainty of the legal definition resulted in the profit lose of the copyright owner and the the right of user and the protection of the copyright would be damaged. On the analysis and comparison of different viewpoints about the legal position of the temporary copy, advising temporary copy conditional in China copy right protection, just giving an advice that the temporary copy should be contained in the protective range of reproduction right.Compared with the traditional network environment, cloud computing environment, there are lots of differences. If we use safe harbor rules in some cases directly, we may hurt the interests of the copyright owner. So we must combine the reality of our country with the application of the safe harbor rules, we must make new interpretation for "red flag standard" and "notice&delete rules".With the scale growth of works in cloud computing environment, many technological protection measures be taken on the works. However, as the characteristic of cloud computing environment, technological protection measures may easily hurt the fair use of the public, and constitute the inducement of infringement. So we must balance technological protection measures and fair use, and introduce some related rules to ensure the interests of copyright owner. This paper focus on temporary copy, the use of safe harbor rules and the application of technology protection measures in cloud computing environment by using the method of case analysis and comparison. At the end, the author make some suggestions for the copyright protection in cloud computing environment based on the theory of balancing of interests, and hope can flourish both copyright law and cloud computing in scientific era.
Keywords/Search Tags:Cloud computing, Temporary copy, Safe harbor rules, Technological protection measures, Interest balance
PDF Full Text Request
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