| Cloud Computing, a brand new but extreme fast developing industry, is causing more and more copyright issues during the past decade. The development of Cloud Computing mainly happened in the last decade. Nowadays, Cloud Computing has become an indispensable part of our daily life. Online Virus Killer run by Tencent provides a service of virus killing without downloading the software, Web-Wechat provides all the services same with a Wechat App. To develop App, developers have to use App Store or Google to support their development, which is another example of commonly used Cloud Computing service. Online disks are also popular. Baidu Cloud, Weipan, 360 Cloud, are all popular online disk providers in China. The test for thesis cheating is cloud service as well. Moreover, some providers no longer provide single service, but a mixture of online software and online disk service. Take Microsoft as an example. After using online Microsoft Office, users could chose to save the documents on Microsoft OneDrive. However, plenty of new issues has been raised because of the development of Cloud Computing. The United States is the leader of internet industry, and have plenty of huge Internet companies such as Google, Apple, and Microsoft. We could see how the US deal with these issues and compare it with Chinese situations, and finally find a way suitable for us.This article aims to analysis the issues we have in practice, and find a way out. There are five chapters in total.Chapter 1 introduced the definition of cloud computing and its features. To define Cloud Computing, different experts gives different definitions. Reading these definitions, we can find something in common, and have a better understanding of Cloud Computing. By summarizing advantages and disadvantages of Cloud Computing, we can promote its development and fix the disadvantages. This is also helpful to make a better protection system for the provisions are not likely to limit the industry by cutting its advantages. US law divides Cloud Computing into three types, SaaS, Paas, and Iaas.Chapter 2 discussed the exact rights included in cloud computing copyright issues. First of all, there are two substantial copyrights under the Internet context which are the right to copy, and the right of communication through information network. As an industry based on the Internet, cloud computing copyright issues are also included and should be protected through these two rights. In additional, Cloud Computing might also consider the right to rent. However, our current system does not make the rights clear. What rights exactly do a copyright owner have, as well as what the rights mean to the copyright owner, are not clearly written. The US precedent offers a test for temporary copy, which requires fixation and reproductable. The EU law requires independent economical values to be protected under copyright law. What is the difference between the two tests, and how do we do with temporary copy will be discussed in this chapter. On the other hand, how broad is the right of communication through information network, how do we do when there is a collapse with other rights, will also be discussed. The current right to rent does not suitable for cloud providers, which needs to be changed. Section two analyzed the copyright infringement under cloud computing. Direct infringement could be judged by specific behaviors, while indirect infringement requests more, including the duty cloud servers owe, the manner they manage their business,etc. Different cloud service providers have different burdens.Chapter 3 analysis direct and indirect liability under Cloud Computing. We have a whole theory of secondary liability in this circumstance. Under the App Store case, the court ruled that Apple is liable because of its right and ability to control the platform and the infringing app. In Aereo case, the defendant was held direct liability due to the defendant's behavior was “performing” copyrighted works within meaning of the Copyright Act.Chapter four gives introduction to the safe harbor. The safe harbor doctrine is originated from DMCA, which is an important Act in U.S. China also adopted a similar doctrine which is part of the safe harbor in the U.S. and remains some differences. In the App Store case, Apple is not qualified to argue for safe harbor. Even Apple is qualified to argue, the court would not buy it, because the high control of Apple makes it reasonable to suppose Apple knew about the infringement and did not take any action after that.Chapter five analyzed how China could use the presidents of the United States. U.S. has a different legal system, which prevent China from directly use its provisions. However, it does not mean we could learn nothing from U.S. presidents. As the biggest economy entity in the world, U.S. cloud computing industry is more developed than China, as well as its Copyright system is more mature. It is good for us to know what others have done when developing our own copyright system. I hope my advises be found effective to the current legal environment in China. |
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