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Copyright Indirect Infringement Liability Of SaaS Service Provider

Posted on:2017-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:D LiFull Text:PDF
GTID:2336330485465676Subject:Law
Abstract/Summary:PDF Full Text Request
SaaS is a new business model to provide software and services through the Internet, in which the dissemination way of works and use is more and more diversified, but the way to determine the indirect infringement liability of the SaaS service providers was not distinguished as the uniqueness of SaaS. SaaS has the dual attributes of "works" and "tools" of software, and the different attributes lead to that the assessment of legal consequences of the infringement of the legal consequence are different: SaaS as a software work belongs to the ICP for direct infringement liability; while SaaS as a software tool belongs to the ISP for indirect infringement liability.To determine the liability of SaaS service providers, the breakthrough features should be cut into the characteristics of SaaS service model e: first, The function of service, namely SaaS service providers based on the attributes of the software of "tool" is a functional service, which has the nature of "help", and it will guide users to use or to help users implement of tort in the way of development of oriented object, which is the biggest difference between SaaS service model and other cloud service model. second, Non replicating use, namely SaaS service providers can monitor user replication based on the use of the act, in monitoring because of its absolute capacity of SaaS which belongs to a special tool and can not get rid of manufacturer of "tool" to use, is stronger than the traditional software, this is the difference between SaaS service providers and other network service providers; third, multi tenant use, SaaS service providers provide services available for multi tenant to Use at the same time, multiple users can also invoke the same software, under the Internet a huge number of "viral" direct infringement, who basically are the potential customers and therefore it is not suitable to safeguard their right through investigating the direct infringement responsibility s, which is the most important reasons requiring the introduction of indirect infringement. under the red flag standard and the safe harbor rule, if still using the same standard of infringement as other network service providers to determine whether SaaS service model constitute infringement, cause excessive expansion of the scope of protection of the principle of technological neutrality, the results of judgment and the requirement of balance of interests will also be much defferent, which is Real dilemma using the same criteria to judge.Based on the characteristics of SaaS service mode and the dilemma of SaaS service providers about imputation principle of indirect infringement, making decision whether SaaS service model constitute indirect copyright infringement, should not directly apply to the same criteria of indirect infringement as Internet service providers, and should return to the subjective judgments of the SaaS service provider : first, it should determine whether the function of the software of the service in SaaS service mode has attractive effect, if the function itself has the effect of inducement of infringement,which is not applicable for red flag standard and safe harbor rules, because only in the situation of having difficulty in defining the subjective state,ite need to introduce these two kinds of rules; secondly, to determine the subjective factors of SaaS service providers through red flag standard should think fromthe popularity of the work,the frequency of tort, the functional design of communication tools, whether there are records to view the tort of SaaS service providers, to determine the subjective factors of SaaS service providers through safe harbor rules, after receipt of the notification whether tort examined or after the discovery of tort whether to take measures of the SaaS service providers; in addition, it should be for red flag standard first, before considering whether to apply the safe harbor rule exemption.
Keywords/Search Tags:SaaS, Copyright, Indirect infringement, Red flag Standard, Port regulation
PDF Full Text Request
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