Analysis Of Copyright Issues Of 'Temporary Reproduction' In Cloud Computing Environment

Cloud computing is a bran-new service form in the Internet era that promotes the centralization of management,on-demand supplement and efficient use of data resource.In recent years,giant Internet enterprises have started their overall arrangement of cloud computing around the globe,government of each country begins to attach importance to,supports,and guides the development of cloud computing industry,the substantial application of cloud computing is deepening gradually,a new revolution in the information age is taking place.Cloud computing pushes the scope and speed of works' dissemination to a higher stage,however,in the meantime,it brings an extremely big challenge to the current copyright legal system,the core reason is that the access and use of works in the cloud computing environment will not rely on reproduction on physical carriers,but temporary reproduction as an instead,which affects the copyright owners' controlling ability over their works to a great extent,thus temporary reproduction becomes a highly controversial legal issue,the focus of the debate is that whether temporary reproduction falls within the scope of protection of reproduction rights.Current international conventions fail to give us a clear answer to the question above,leaving plenty of room for interpretation by contracting parties.So far,the US,EU,Japan and so on have expressed their respective attitudes towards temporary reproduction by domestic legislation and case law,which may be viewed as sheerly different.Anyway,the domestic legislation and case law of these countries embodies the legislators' and Justices' comprehensive consideration and balance over the interests of the copyright owners,cloud computing service provider,and the public.However,our country's copyright law fails to stipulate temporary reproduction explicitly,which seems to be hysteretic compared with the rapid development of our country's cloud computing industry.With the popularization of cloud computing,this problem becomes more urgent.Finding the boundary of the copyright owners'exclusive rights and balance the interests of copyright owners,cloud computing service providers and the public becomes a topic that deserves discussion.This paper is divided into four chapters,the first one generalizes temporary reproduction in cloud computing,it mainly introduces what is cloud computing,the technical theory and definition of temporary reproduction in cloud computing and the forms of temporary reproduction in cloud computing.The second chapter is the effects of temporary reproduction in cloud computing,including the factual problems and theoretical difficulties that brings about by temporary reproduction in cloud computing.The third chapter,based on domestic legislation and case law of each country and international conventions,analyzes whether temporary reproduction belongs to traditional reproduction,whether it infringes upon the right holder's rights,whether it conforms to limitations of rights.The forth chapter uses the method of empirical analysis,based on the current situation of cloud computing,consuming and importing situation of cultural products,copyright concept and so on,I'll talk about how should our country's law regulate temporary reproduction,then put forward legislation proposals according to our country's situation.