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Research Of Cloud Computing Service Provider Copyright Infringement Responsibility

Posted on:2019-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q ZhuFull Text:PDF
GTID:2346330545958500Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In recent years,the rapid development of information network technology and iterative changes,fundamentally changed the way and mode of people's access to and dissemination of information.Cloud computing technology as the most watched,the most rapid development of information network technology,brings many technological changes in the field of information storage and dissemination that subvert the traditional server model.At the same time,it also brings new impact and challenge to the copyright protection under the network environment.First of all,cloud computing services as a comprehensive type of service,making the cloud service provider identity coincide,cloud service providers are not traditional legal network service providers,difficult to accurately characterize the type of infringer.As a result,problems such as the identification and blame of infringement,the vagueness of the types of network service providers,the difficulty of applying the principle of safe havens,and the difficulty of identifying subjective faults have been raised.Especially after the case of Aliyun made the first instance judgment as the first case of cloud computing in our country,the liability of copyright infringement of cloud computing service provider has become a legal issue that needs to be solved urgently.It is also a confrontation between copyright and the privacy of information in the field of cloud computing.This article takes the first case of Aliyun Infringement Case concerning the responsibility identification of cloud server as the starting point.First,it analyzes the different service types and characteristics of cloud computing technology,and concludes the specific types of cloud computing service providers and their legal status.Combining with the general provisions of copyright infringement in cloud computing environment,this paper puts forward the particularity of different types of cloud computing service providers in terms of copyright infringement methods and liabilities,especially compared to the traditional legal sense of the network service provider,how to define the cloud computing Service providers' copyright responsibility,respectively from the basic elements of copyright infringement liability analysis to identify the direct responsibility and the indirect responsibility of the identification criteria,and further from the typical cases such as Ali cloud analysis of China's cloud computing service provider copyright infringement responsibility of the judiciary Practice and learn from the foreign countries for the cloud service provider copyright tort liability regulation,to distinguish between different types of cloud computing service provider as a precondition,to explore how to correctly apply safe haven rules and technology neutrality defenses in a cloud computing environment.
Keywords/Search Tags:Cloud computing, provider, Copyright infringement, Indirect infringement, Infringement liability
PDF Full Text Request
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