Research On The Jurisdiction Of Copyright Infringement Litigation Under The Cloud Computing Environment

The outbreak of the fourth industrial revolution accelerated the transformation of the mode of economic development and gave birth to many new technologies,such as Artificial Intelligence,Quantum Communication and Cloud Computing Technology,which greatly changed the way of human life.Cloud computing originated from digital network technology,so it not only has the characteristics of information network technology,but also has unique technical characteristics and business model.However,the rapid development of cloud computing industry also poses a difficult problem for the existing legal system.The emergence of cloud computing technology,on the one hand,provides a new way for the dissemination and use of works;on the other hand,it also causes a great impact on the existing copyright jurisdiction system.Cloud computing technology breaks the limits of geographical boundaries.Leading to the failure of the principle of “Plaintiff to the Defendant”,and the place where the infringement occurred was difficult to confirm,controversy about the terms of agreement jurisdiction also gradually increased,influence the basis of the traditional rules of Territorial Jurisdiction.At present,there is a certain lack of legislation in the jurisdiction of copyright infringement litigation in the cloud computing environment in China.Therefore,how to improve the jurisdiction rules of copyright infringement litigation in the cloud computing environment in a scientific way has become the driving force to promote the prosperity of our culture.This article can be divided into four parts:The first part analyzes the connotation of cloud computing,further defines the characteristics of copyright infringement in the cloud computing environment,and analyzes the substantial impact of cloud computing on the jurisdiction rules based on the traditional copyright jurisdiction basis.The second part of the research of extraterritorial theory,detailed analysis the long arm jurisdiction principles and rules of the development of the European Union,at the same time analysis the research achievements of international organization worthy of learning,such as the Hague conference on private international law convention on the agreement on the choice of court,the ALI principle of the American law Institute and the CLIP principle of the Max Planck Institute.The third part focuses on the discussion of the legislative status quo of China's copyright infringement litigation jurisdiction in the cloud computing environment,analyzes the advantages and disadvantages of the current law one by one,and explores the judicial status quo of copyright infringement litigation jurisdiction in the cloud computing environment by combining relevant data and cases,so as to reveal the existing problems of China's copyright jurisdiction rules in the cloud computing environment.The fourth part combines the judicial practice experience of our country,starts from the two levels of legislation and judicature,and uses the excellent foreign theories to improve the jurisdiction rules of copyright infringement litigation in the cloud computing environment.And put forward the following suggestions: Establishing the guiding principles;Perfecting the rules of the defendant's domicile;Combining “targeting approach” to apply the rules of the place of tort;Constructing a review of the jurisdictional clause and optimizing the processing procedures of the jurisdiction objection.