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Research On The Right Of Communication Of Information On Networks And Infringement Hereof In The Cloud Computing Era

Posted on:2016-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:W B LiFull Text:PDF
GTID:2296330503956409Subject:Law
Abstract/Summary:PDF Full Text Request
New technologies always come with many arguments, which explains why Cloud Computing causes a series of copyright infringement disputes meanwhile. Unfortunately, so far <Copyright Law>and related judicial interpretations have not offered certain regulations, even though they were promulgated for this new era. This article aims to combine legislation history and currently effective regulations to make an easy analysis regarding how the development of Cloud Computing has affected the right of communication of information on networks based on the traditional frame of copyright law thorough the methods of comparative studies, history studies, case studies and other methods, thus trying to seek an elaborate balance between copyright owners and innovators and achieve a win-win scenario.The features of Cloud Computing makes the traditional analysis methods inapplicable to the cases about infringements caused by new technologies, which needs to combine the technical features and statutory elements of the right of communication of information on networks, particular conductions. According to the legislative process and the judicial development since the right of communication of information on networks occurred in 2001, this article intends to summarize and further details the statutory elements. Then discuss what the new features bring to the judicial practices when deciding whether the application of Cloud Computing constitutes infringement, such as whether the Cloud Computing Service provider shall bear the infringement liabilities based on their operation modes. By comparing some hot cases, we can see the development of Cloud Computing has led to contradictory verdicts in practiceThis paper ends with a classic case which happened in 2011 and governed by the Wuhan Intermediate People’s Court. This is the first copyright infringement case theming cloud video, a field where Cloud Computing Technologies apply broadly. It concludes that when discussing Cloud Video infringement, it is necessary to consider its technical features, communication methods and business models altogether.
Keywords/Search Tags:Cloud Computing Service Provider, the Right of Communication of Information on Networks, Cloud Video, infringement
PDF Full Text Request
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