Research On The Identification Of Infringement Of The Cloud Computing Service Provider Under The Safe Harbor Rules

While the rapid informatization of network technology has brought convenience and efficiency to people,it has also caused some problems.This is highly manifested in the paradox between the limited capital of enterprises and their unlimited needs for information resources.The emergence and rapid development of cloud computing technology is an accurate response to people's needs.This technology truly realizes the high quality and low price of information resources,which greatly saves the cost of purchasing software and hardware equipment and hiring technicians for enterprises.Therefore,it has been welcomed once it was launched.However,while cloud computing technology is developing at a high speed,it also faces the same issues as network service providers in general,such as copyright disputes and liability for infringement.If these problems cannot be solved properly,the cloud computing service provider will have to invest too much energy and costs to prevent legal risks,which will seriously hinder the development of cloud computing industry.As for the network copyright disputes of the cloud computing service provider,the following problems need to be solved urgently:how should the cloud computing service provider apply relevant laws to enter the "safe harbor" to exemption;whether the cloud computing service provider should undertake the duty of care or the duty of review;whether the notice of the copyright owner must be qualified,and how to determine the standard of notification eligibility;what measures should the cloud computing service provider take to safeguard the rights and interests of copyright holders;how to identify the infringement of the cloud computing service provider,how to assume the responsibility,etc.As the first case of intellectual property infringement of the cloud server in China,the differences in first and second instance of the "Alibaba Cloud Case" provide a valuable idea and method for the study of infringement issues of cloud computing service providers.This article will take the "Alibaba Cloud Case" as an example and it will firstly sort out the research on the infringement determination of the network service provider in legal systems,academic theories,and judicial practice in China and find out the problems.Under the guidance of these problems,making a comparative analysis about useful exploration of the foreign judicial practice and the theory field,and specifically analyzing the application of the "safe harbor" rules and the issue of infringement determination based on the characteristics of cloud computing service providers.Finally,the writer will propose suggestions on the identification of the infringement of cloud computing service providers:firstly,the cloud computing service provider can apply the "safe harbor" rules and assume obligations in the form of"notification+taking necessary measures";secondly,the notice of the copyright owner must be qualified,the standard of notification is to meet requirements of the legal provisions and standards of related industries and the cloud computing service provider only bear a reasonable duty of care;thirdly,the cloud computing service provider should take necessary measures such as transferring the notification;fourthly,the cloud computing service provider may constitute direct infringement or indirect infringement.