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Research On Network Copyright Contributory Infringement Liability Of Cloud Server Provider

Posted on:2020-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:H J TangFull Text:PDF
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The People's Court of Shijingshan District in Beijing has ruled on the first copyright infringement case of cloud server provider in China.The bottleneck of network copyrigh t contributory infringement in this case is mainly reflected in the legal subject status of c loud server provider,the applicable legal source,the right to view and disclose user data after receipt of notice,and the extension of platform liability related to the freedom of operation.By identifying the cloud server provider as a storage and computing service pr ovider,reasonably defining its duty of care,implementing the "notice and takedown" rule,and comprehensively judging its subjective "knowing or knowable",So as to establish th e responsibility of all parties under the relationship of network copyright contributory infr ingement.This paper probes into the rules for the disclosure of user information by clou d server providers,further clarifing the relationship between the application of "notice and takedown" rule in Aliyun case and the security of cloud user data,and exploring the est ablishment of an effective self-discipline mechanism in cloud service industry.The first chapter of this paper,starting from the "first case of copyright infringement by cloud server provider in China",clarifing the request and reasons of the plaintiff aga inst the defendant for copyright infringement charges,as well as the corresponding defens e reasons of the defendant,and puts forward the problems caused by the case.The basic facts of the case are clear.Through the in-depth analysis of the concept of contributory infringement law,the infringement boundary is properly delineated for cloud server rental business in Copyright Law.The second chapter summarizes the "bottleneck" of cloud server providers' application of network copyright contributory infringement rules by combing the views of all parties after the first instance judgment.Does a cloud server provider belong to a network service provider? Why is it that existing legal norms cannot be directly applied? How to dete rmine the components and subjective fault of copyright contributory infringement by clou d server provider? Does the cloud server provider have the right to enter the hirer's webs ite after being notified,and if it has the right and view the user to store the data,shoul d it be held liable for breach of contract,infringement of personal information,data,priv acy and so on? Whether class case processing will cause cloud server providers abuse of "examination power",which leads to a large area of erroneous deletion,copyright owner s have the legal basis and necessity of injunction relief,whether and how should the clo ud service industry build a good business environment of self-regulation?The third chapter explores the liability rules of copyright infringement by cloud servi ce providers.Based on the nature of cloud server service,it is considered that the provid er belongs to storage and computing service provider.The cloud server provider impleme nts the network storage service provision behavior,and if the content dissemination behav ior carried out by the service object constitutes an infringement of the copyright of other s,it can be effectively implemented through the "notice and takedown" rule.Exemption f rom liability for copyright infringement on the Internet.By defining the duty of care of cloud server providers and identifying and distinguishing between subjective "knowing" an d "knowable",the Red Flag rule can identify the subjective "knowing" of cloud server pr oviders.According to the factors that should be considered in the cognizance of network copyright,the liability of all parties under the relationship of network copyright infringem ent is established.Through the application of cloud service provider network copyright co ntributory infringement liability rules,it is considered that Aliyun case belongs to a more reasonable judgment model in cloud service environment,and the form of responsibility is further analyzed and evaluated.The fourth chapter,on the one hand,analyzes the rules of cloud server providers dis closing user information,and whether the notice and takedown behavior implemented by Aliyun Company in accordance with the law contradicts the protection of user privacy da ta in accordance with the contract.Attract attention to the "conflict" between copyright protection and network data security;On the other hand,in order to properly deal with the relationship among cloud server providers,copyright owners and cloud users,it is sugge sted that the effective self-discipline mechanism of cloud service industry should be explo red in order to deal with the lag of law and the frequent occurrence of network piracy c aused by the iteration of technical updates.
Keywords/Search Tags:Cloud Server Provider, Contributory Infringement, Notice and Takedown, Conflict of Rights, Industry Self-discipline
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