Research On The Confirmation Of The Liability Of Indirect Copyright Infringement Committed By The Cloud Disk Service Provider

The cloud disk is a kind of online cloud storage service provided by the service provider,it can realize online storage,backup and sharing of different kind of files.Along with the rapid development of cloud storage,cloud disk brings great convenience to People's Daily life on one hand,it plays an nonnegligible role in the online copyright infringement on the other hand.Because of the commonplace of online copyright infringement and the inability of right holder's claim on direct infringement,it is costly for the right holder to claim right on the indirect infringement of the cloud disk service provider.In our country,the regulations on the indirect infringement of online copyright committed by cloud disk service provider are still imperfect.As the regulations on indirect infringement of copyright have their origin in foreign countries,the measures what China take on indirect infringement of online copyright is based on the theory of “contributory infringement”.From the perspective of latest judicial interpretation,several breakthroughs has been made on “contributory infringement”.Although China has referred to some relevant regulations on contributory infringement from foreign countries,as there are many differences between China and foreign countries,certain problems,especially the confirmation of liability of indirect infringement,have arisen in the process of the localization of regulations on contributory infringement.The first part of the article takes certain explanations on the types of service provider of cloud disk,service content and business model,these explanations have direct impact on the confirmation of the liability for copyright infringement of the service provider.This part analysis the difference between the cloud disk service provider and information storage service provider,testifying the necessity of the research on the recognition of liability of indirect infringement.The second part expounds and analyzes the current concrete confirmation of the liability on indirect copyright infringement committed by the cloud disk service provider.The analysis including the doctrine of liability fixation,components of confirmation and limitation of liability to the indirect copyright infringement committed by cloud disk service provider.Direct infringement is not the focus of this article,as there is no significant differences to traditional copyright infringement.The main components of indirect infringement are followings: 1.The existence of direct infringement.2.The direct infringement has been provided with substantial assistance by the cloud disk service provider.3.The subjective fault,etc.Limitation on liability includes “Safe Harbor Rule” and its exception “Red Flag Rule”.The third part is the introspection on the confirmation of the liability of the indirect copyright infringement committed by cloud disk service provider.The introspection includes specific problems of the legal system,the drawbacks of the components of the indirect copyright infringement committed by the service provider,and the challenges on the limitation of liability.The fourth part is mainly about the suggestions on the perfecting of confirmation of liability of indirect copyright infringement committed by the cloud disk service provider.The suggestions mainly divides into three parts : the macroscopic aspect,suggestions on components of indirect infringement liability and the recommendations on limitation of liability.