| Since 2006 Google first proposed the concept of cloud computing,cloud computing technology has been widely used on the Internet.The efficient,fast and high security features of Cloud computing has brought new vitality to the Internet.The major ISPs have launched their own cloud computing business,and gradually formed a chain.Government has also issued policies to estimate the development of cloud computing in order to seize the opportunity of technology industry.However,the development of technology with convenience but also brought new challenges.Cloud storage and cloud computing model poses a threat for digital copyright protection.The article first presents an overview of cloud computing and the identification of digital works under the cloud.Including the concept of cloud computing,classification and characteristics.And the works under the cloud computing are with originality and re是 plicability,they should be protected by copyright law.Then,in the second part,As the SaaS is kind of service,cloud service providers are more important for the " creation" of the work,and pay more labor.Therefore,in this case,the service provider may be the copyright owner.The third part of the article focuses on the issue of copyright restrictions under the cloud.With cloud computing technology,cloud service providers more stringent restrictions for technical means of digital works,in addition,due to the inherent characteristics of cloud computing,users simply cannot get to the real work.Therefore,the traditional means of copyright restrictions in the cloud are under applicable difficulties.For balance of interests of copyright owners and the public copyright restrictions has an important significance under cloud computing.Therefore,copyright law should be the means to limit the scope of technical limitations,and based on its own characteristics of cloud computing,cloud service providers should offer users software service introduction.And fair use for different types of work provisions distinction should be made to ensure the fair use of the system.In addition,the statutory licensing shall permit the cloud computing transition to private licensing,With the convenience of the network,authorized right should returned to the author.The exhaustion of distribution right,in the network environment,transforms into network information right to be protected,and the right of network information is no longer " time runs out." Temporary copy of cloud computing under foreign law has always been fair use of the system,but due to the temporary copy is not an act,but the product of a computer used by a subsidiary,and therefore it should not be considered as copyright infringement,and the temporary copy files generally do not produce economic value.Therefore,it should not be used as fair use,in response to the use of temporary copying files profitable behavior may occur,such behavior can be specified to be regulated as special forms of infringement.The fourth part is about the digital copyright infringement under cloud computing,distinguishing by direct infringement and secondary infringement.In this paper further analysis of " division of labor " in direct infringement was made.For the secondary infringement of cloud service providers,the author first discusses the types of secondary infringement under cloud computing,noting that the judicial interpretation of the right to network dissemination of information in violation of legislation for alternative defects and propose appropriate legislative perfection. |
