On The Safe Harbor Rules Application Of Cloud Service Provider

Cloud computing is emerging as a new information technology service in the Internet era and is filling every inch of the Internet,transforming the way to spread and utilize traditional information and marking the arrival of a new era---the cloud era.On the other side,the virtual space brought by cloud computing service also created a new topic for legislation and jurisdiction and issues under this particular topic seems complex and at large.The antiquated law system is no longer matching up with the development of cloud computing industry and thus making the cloud computing and intellectual property right protection grind and collide with each other.However,it is also inspiring a deeper thinking.Under such circumstances,as the core rule---Safe Harbor Rule of the Internet is facing challenges such as breaking of interest balance,complexity of subject behavior identification and severe consequences after infringement.To cope with those challenges,it is now a shared concern for the legislative and judiciary authority to play up the Safe Harbor Rule to reconstruct a solid law system.From the perspective of the cloud computing service provider,this article is trying to elaborate focal issues regarding application of Safe Harbor Rule under cloud computing circumstance with theoretical studies and analysis of typical judicial practices.The fist issue is identification of cloud computing service provider.The cloud computing service provider is becoming a new role in the law system with the wide practice of cloud computing technology and rapid growth of cloud computing industry.And a scientific identification/definition for them and their lawful roles will concern the issue of fair law enforcement.However,due to some technical factors,identities of those providers are complex and vague and it is hard to give fixed words.Under this circumstance,we ought to analyze the role of cloud computing service providers from multiple angles to find their obligation delimitations and give them a scientific lawful role.The second issue is to study and elaborate some major problems during some typical judiciary practices that concerns application of the Safe Harbor Rule for various cloud computing service providers.With respect to the unique identity of cloud computing service providers.We are taking IaaS,PaaS and SaaS as our examples to elaborate some major problems during practice of the Safe Harbor Rule.The third and the most important issue of this article is to provide solutions from the perspective of right holder,cloud computing service provider and public interest on the basis of interest balancing.