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Research On The Copyright Protection Under The Cloud Computing Environment

Posted on:2018-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:L Z WenFull Text:PDF
GTID:2416330566985814Subject:Law
Abstract/Summary:PDF Full Text Request
The impacts of cloud computing technology,based on network and digital technology,on copyright law is two-sided,which provides new ways and possibilities for the creation,dissemination and use of works.in this way,the information storage capacity and resource sharing ability of human beings can be greatly improved,while simultaneously,it also brings some troubles for the copyright law again,resulting in a tense relationship between the copyright owner and the public.But the nature of copyright under the cloud computing environment has not changed materially,there is no need for us to legislate for it,we can make further improvement on the existing copyright system.By exploring the ways of protecting copyright under cloud computing environment accord with our country's national conditions,this paper hoping to provide references for the third amendment of the copyright law.This paper derives from the three typical problems of copyright system under the cloud computing environment: firstly,the definition of the nature of temporary reproduction concerns the balance of interests between copyright owners and the public,and whether the temporary reproduction should be included in the system of reproduction is still controversial;Secondly,in the course of the application of the principle of safe harbors,there still exists the difficulty of subject identification,the uneven distribution of burden of proof and the difficulty of confirming the subject of infringement;Thirdly,in the judicial practice,the principle of technical neutrality exposes more and more defects,and server standards also face failure.Based on the research results of domestic and foreign scholars,using the literature research method,comparative analysis method,case analysis method,combined with foreign legislative experience,put forward some suggestions to perfect the copyright protection system under cloud computing environment: The first is to make a reasonable restriction on the scope of its protection while incorporating the temporary reproduction right into the category of right of reproduction,and introduce the compensation system to compensate the loss of interests of the copyright owner;The second is to define the applicable subject of the safe harbors principle,add the reasonable examination obligation of cloud computing service provider and avoid the misuse of the safe harbors principle through reasonable restriction;The third is to adhere to the principle of technical neutrality and to expand the server standard to deal with the impact caused by the new technology by means of clarifying the premise of application and absorbing the rules of inducement of infringement.
Keywords/Search Tags:Cloud computing, Temporary reproduction, Safe harbors principle, Technical neutrality
PDF Full Text Request
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