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Cloud Service Provider's Safe Harbor Rules

Posted on:2021-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y GuoFull Text:PDF
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Cloud computing is a new type of Internet business service model.It not only brings profound changes to the development of Internet industry,but also has a serious impact on the traditional copyright system.It has changed the traditional way of information dissemination and marked the arrival of the new era of cloud era.However,due to the short time of cloud computing,the law has not yet adjusted and updated this new thing.This leads to many problems in the application of cloud service providers' legal rules under cloud computing.In the judicial practice,the plaintiff,Le Dong Zhuoyue company,which is called "the first case of cloud computing",sued Alibaba cloud company for infringing the right of network communication of game works.The case reflects the dispute on whether cloud service providers can be used as network service providers in the cloud computing environment.At the same time,it also reflects how to realize the balance of interests among network service providers,network users and intellectual property rights holders in the legislative provisions and judicial decisions.This article takes the plaintiff,Le Dong Zhuoyue company,and the defendant,Alibaba cloud company,as the starting point.This paper mainly discusses the rules applicable to cloud service providers' safe harbor.First of all,this paper analyzes the case of the plaintiff,Le Dong Zhuoyue company,and the defendant,Alibaba cloud company,to analyze the basic case,court judgment and dispute focus.Secondly,this paper discusses the basic theory of the rules of the safe harbor in the cloud computing environment,and clarifies the relevant concepts and connotations of cloud computing and the rules of the safe harbor.Thirdly,this paper analyzes the elements of the application of cloud service provider's safe harbor rules.This paper analyzes the elements of the rules of the safe harbor from three aspects: the main elements,the object elements and the subjective elements.Third,this paper analyzes the existing problems of cloud service providers' application of the rules of safe harbor.This paper analyzes the existing problems from four aspects: the legal status of cloud service providers is not clear,the provisions of "qualified notice" are not perfect,the "notice delete" rule is overhead,and the provisions of "counter notice restore" are not perfect.Finally,this paper analyzes the countermeasures to improve the rules of cloud service providers' safe harbor.This paper puts forward some suggestions to improve the rules of safe harbor from four aspects: clarifying the legal status,improving the provisions of "qualified notice",adding the pre procedure of "notice" and reconstructing the "counter notice recovery" rules.As a new type of network service provider,cloud service provider should also apply the rules of safe harbor.After clarifying its legal status,we should continue to improve the "notice delete" and "counter notice restore" as the main content of the safe harbor rules.We need to determine the rights and obligations boundaries among cloud service providers,intellectual property rights holders and network users,so as to ensure the balance of interests among them.Furthermore,while promoting the development of Internet industry,we should improve the copyright protection system.
Keywords/Search Tags:Cloud Computing, Safe harbor rules, Cloud Computing Service Provider, "Notification-delete", Qualified notification
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