Research On The Copyright Indirect Infringement From Cloud Service Providers

Cloud computing is a development of technology that closely relates to the one of the Internet.There are tremendous information resources and computing activities on the cloud servers,which inevitably involve the use of other people's works and copyright such as reproduction right and information network transmission right,so it may result in legal risk.The cloud service provider is the carrier of cloud computing services and the core of the cloud computing ecosystem,which is bound to be under legal obligations,and the premise of determining its obligations is to accurately define its legal status.Furthermore,defining the legal status of cloud service provider must be based on the technical characteristics of information network transmission,depending on the different service models of cloud computing.In current judicial practice,there are mainly direct infringements by cloud service providers.Correspondingly,there is so much academic study on direct infringement.Under the models of cloud computing such as Paa S and Iaa S,cloud service providers mainly offer cloud development platform,operating system,computing power,and storage,which may involve indirect infringement.It is considered that Alibaba Cloud infringement dispute in 2017 is a typical case of indirect copyright infringement from cloud service providers,and it is necessary to further clarify related issues such as indirect infringement liability from cloud service providers.Based on the formulation of the fundamental theory about copyright indirect infringement from cloud service providers,the research makes an effort to define the legal status of cloud service provider,to analyze the imputation principles of infringement and the identification of liability,to do a comparative analysis of our country's legislation combining relevant legislation in foreign countries on indirect copyright infringement from cloud service providers,to discuss the legislative and judicial response,to studyAlibaba Cloud infringement dispute and to put forward the suggestions to perfecting our country's system about indirect infringement liability from cloud service providers.