Comments On“locojoy Sue Alibaba Cloud For Infringement Of Information Network Communication Right ”

The rapid development and wide application of cloud service technology have stimu lated the development of the national economy,promoted the dissemination and sharing of knowledge,provided more convenient services to the public,and have great social and economic benefits.However,the unexpected is accompanied by the development of new technologies such as cloud services.Because of its hidden and difficult to trace information sources,the problem of network infringement is intensifying,which has a bad impact on society.Judgment on the legal nature of cloud server leasing services,what legal responsibilities must be undertaken by new network service providers,the proper handling of the rights and interests between rights holders and network service providers,and where is the boundary between data security and review obligations,which has become a must Problems to be solved: First,the law is obliged to protect the legitimate rights and interests of the right holders.Second,legal tools should not be misused and abused,so as to inhibit the innovation and development of new network technologies and restrict the development of the "Internet +" economy.In 2015,a paper judgment of the Beijing Shijingshan People's Court brought such issues to the public's perspective.In the case,the plaintiff's full name was Locojoy Entertainment Technology Co.,Ltd.and the defendant's full name was Alibaba Cloud Computing Co.,Ltd.hereinafter referred to as Locojoy and the Alibaba Cloud,the copyright owner of the game,Locojoy Company,believes that the pirated game content stored in the Alibaba Cloud server,through the operation and distribution of the Alibaba Cloud server,has acquired improper commercial interests and infringed its copyright.The case of Locojoy v.Alibaba Cloud raises a lot of controversial issues concerning cloud server infringement cases.This paper focuses on the main disputes between the plaintiff and the defendant in the second instance of this case,such as the legal characterization of Alibaba Cloud's leasing services;the application of the "notificationdeletion" rule;the application of the "notification-necessary measure" rule;and whether the transfer notification constitutes a necessary measure.Through legal analysis,it is concluded that the services provided by the Alibaba Cloud server are not a traditional network service but a new type of network service;the new type of network service provider for the Alibaba Cloud server cannot simply apply the "notify-delete" rule.The "Notification-Necessary Measures" rule should apply.In the era of continuous development of cloud service technology and other emerging network technologies,the proper resolution of this case will have certain reference significance for the innovation of the Copyright Law.This paper will focus on the actual situation in China,elaborate the legal disputes and legal reflections caused by the indirect infringement of our network service providers in this case,and propose corresponding countermeasures to protect the legitimate rights and interests of copyright owners and network service providers and support emerging network technologies and citizens Coordinated economic development.