Research On The Right Of Reproduction Under The Cloud Computing Circumstance

Cloud computing as a new computer-network technology and business model,has been rapidly developing in recent years, and is limitless on its outlook. With thedevelopment of cloud computing technology and commercial application, it’s been animportant issue of jurisprudence, especially of the law of intellectual property, thathow to get the appropriate legal protection for the rights and interests legal in thecloud computing circumstance. Wherein, the question that how to apply traditionalcopyright laws to protect the rights which should be enjoyed by the copyrighters inthe cloud computing circumstance, or if necessary, that how to build a new balance ofrelevant interests in the scope of copyright law, becomes a new challenge to copyrightlaw brought by this right new technology.Right of reproduction as one of the core rights of copyright, its application in thecloud computing circumstance is an urgent problem to be solved among a series ofnew copyright problems caused by the cloud computing. In view of this, the study ofthe issues related with the right of reproduction under the background of cloudcomputing circumstance, is not only theoretically prospective, but also practicallysignificant.Chapter I is intended to construct the model of the cloud computing technologyand its application on the needs of the theoretical research on the right of reproduction with the utility features of cloud computing as a foundation and starting point, anddeconstruct the model to get the four actions involving the right of reproduction-upload, download, temporary copy and cloud copy for the use of analysis on theapplication of reproduction right in cloud circumstance and other issues.Chapter II based on the review of the legal sources and theories of the right ofreproduction and the replication in the view of traditional copyright law, analyzes thefour typical actions involving the right of reproduction in cloud circumstance, to findwhether they are the replication behaviors for the purpose of study and judgment onthe reproduction infringement liability under the cloud background.Chapter III is on the basis of analyses and conclusions of Chapters I and II. Itreviews and discusses the direct infringement liability of the four typical actionsinvolving the right of reproduction in cloud circumstance, and if they can constitutethe fair use. It also combines and develops the traditional tort law and copyright lawto built a full-covered indirect liability system, in order to make the right ofreproduction accessible and achieve the balance with the public interests under thecloud background.In this paper, through the essence of cloud computing and other digitaltechnologies, it points out that the core issue of the reproduction right in cloudcircumstance is that the consumer using behaviors get concurrent with the replicationbehaviors under the limits of the technical and economic conditions. To solve thequalitative problems of temporary copy, cloud replication technology and othertechnically behavioral phenomena, it should be properly explained and develop thetraditional rules of the reproduction right and replication conduct. We propose toapply "the possibility of subsequent use" rule as the necessary and sufficient conditionto satisfy the "period elements" of replication behavior, and use the concept of"independent economic value" to find if it has the possibility of direct infringement ofthe reproduction right or not. We also suggest to expand the limitations andexceptions of the right of reproduction with the case that the consumer using behaviorhas to give rise to the replication. At the same time, the indirect liability system shallbe established and improved. It should be based on the general rules of civil law and tort law, draw on the "vicarious liability" and "induce infringement" rules in the U.S.Copyright Law, and improve the rules to meet our legal system in the hope to providelegal protection for the further development of cloud computing technology and itscommercial development and application.