Study On Copyright Infringing Liability's Finding And Limitation Of Cloud Service Providers

Cloud computing technology is a set of technologies and business models in one of the emerging technology, which fundamentally changed the creative works, dissemination and the way of use, so cloud service providers inevitably involves infringement to provide services when they use this technology, including the applicable issues of identification of copyright infringement and restrictions. The author started from the current status of legislation and judicial practice, and found the existing problems when cloud service providers specifically apply system of copyright infringement:first, the server standard which cognizance the direct infringement is in failure situation, subjective fault of identified indirect infringement is difficult to judge; second, when cloud service providers exempted from liabilities by port regulation, cloud service providers should take measures to terminate the user of repeating the infringement, but the range of users can not be defined, the range of application of the deleted and notifications rules has no specific provisions, the extent of this "know" of red flag test has no clear standard to determine whether to strictly apply red flag test or not.When cloud service providers identify and limit problems of copyright infringement, they can not be fully applicable to the existing legal system, so that judicial practice in similar cases have different verdicts. By drawing on the United States, Germany, the EU's system of copyright infringement, the author draw the following conclusions:first, we should further divide the classification of our legislation of network service providers; second, our law system should rule the condition of using port regulation to different cloud service providers of different services; third, subjective criteria of cloud service provider should be judged by red flag standard and the standard of knowing; forth, we should balance the careful duty of cloud service providers and copyright holders by reasonable extended the scope of the rules of notice and delete in order to adapt to the new challenges which be brought by technological developments.