Research On Copyright In Cloud Computing SaaS Model

The emergence of cloud computing solves the problem of how to find the required information quickly and efficiently from the massive information under the background of rapid development of technology.SaaS implements changes in Internet-based applications that move computer programs from desktop applications to cloud providers' servers.In this mode,users can obtain program resources conveniently and safely without maintenance,while cloud service providers can benefit from their data storage space and processing power.Cloud computing SaaS mode not only promotes the change of users' application mode of computer and network,but also promotes the popularization of new technology and the change of society.Along with this,cloud computing environment under the copyright issue has become the focus of attention.This paper tries to solve the main copyright problem under the cloud computing SaaS model,based on the traditional copyright theory analysis,to explore the solution of the copyright problem under the cloud computing SaaS model.The article is mainly divided into five parts:The first part is the introduction,focusing on the writing purpose and significance of the article,the research status of relevant theories at home and abroad,research methods and ideas,and innovation points.The second part summarizes the concept of cloud computing and analyzes its structure on the basis of tracking the relevant theories.At the same time,the concept and characteristics of SaaS model are discussed,and the main differences between SaaS model and traditional license mode are analyzed.The third part analyzes the major copyright issues under the SaaS model.First of all,by analyzing the elements of reproduction right in Chinese copyright law,combining the characteristics of cloud computing SaaS model and the different opinions of scholars,the "temporary replication" is characterized.Then the author analyzes the lease right in copyright law,summarizes the three core points and applicable conditions of lease right,and puts forward the limitation of applying traditional lease right under SaaS mode.Finally,this paperanalyzes the constitutive elements and application of the right of information network communication,and defines the "acquisition works" under the SaaS model.The fourth part is the comparison and reference of copyright system under SaaS mode.By analyzing the theories and legal provisions of the United States and the major EU countries on whether the temporary reproduction belongs to the reproduction,whether the use of software under the SaaS mode involves the right to lease and the right to disseminate information network,this paper studies the international treaties with WCT,WPPT and TRIPS agreement as the main principle,summarizes the experience of the relevant provisions of the foreign countries for reference to our country,and synthesizes the actual situation and the development trend of our country to discuss its feasibility.The fifth part is the countermeasure suggestion.It is suggested that "temporary reproduction" should be included in the protection of the right of reproduction and should be restricted;the application of the right of lease should be adjusted in law,and the content of the right of lease should be clearly defined and the object of the right of lease should be further refined;the connotation of the work should be expanded to its core value and clarified by means of legislative interpretation,and the criterion of "obtaining" should be clearly defined as the possibility for the public to perceive the work or have access to the work.