Font Size: a A A

Research On Copyright Infringement And Liability Of Cloud Computing Service Providers

Posted on:2019-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:G R ChenFull Text:PDF
GTID:2436330578974107Subject:Law
Abstract/Summary:PDF Full Text Request
Cloud computing service refers to the unified scheduling and coordinated management of a largp number of network computer resources,so as to construct a huge computer resource bank to provide users with demand services.It not only has the technical characteristics of on-demand self-service,anytime and anywhere access,shared resource pool,flexible service,but also has the legal characteristics of the bottom layer ofservice,the dispersion of data storage,the privacy of user data,and so on.Cloud computing service types are diverse,usually classified according to deployment and service patterns,including public cloud,private cloud,community cloud,mixed cloud,etc.,and the service pattern is IAAS,PAAS,SAAS A pattern,etc.Based on the analysis of the nature of cloud conputing service providers,it is concluded that cloud confuting service providers still betong to the network service providers stipulated in "Information Network Communication right Protection regulations".Through the analysis of the nature of copyright infringement of cloud conputing service providers,the general standards of the nature of infringement of cloud computing service providers are obtained.The conclusion that tort under S AAS mode should be conskiered as direct tort and that tort under IAAS.PAAS mode should be regarded as indirect tort is analyzed.Through the analysis of the actual case of Ali cloud case,this paper demonstrates that the service provider of Ali cloud shouki constitute the standard of helping infringement and replacing infringement,and draws the conclusion that Ali cloud should constitute substitute infringement in this case;By analyzing the conditions under which the service provider of "Ali Cloud" applies the "safe haven rules",the conclusion is drawn that the service provider of "All Cloud" has subjective fault in this case and that the notice issued by the obligee is flawed.After discussing whether Ali cloud service provider applies the principle of 'technology neutrality",it is concluded that the priociple of "technology neutrality" should not be applied by Ali cloud service provider in this case.In the background of cloud conputing,there is a lack of connection between the"safe haven rules" and indirect tort liability in legislation,the definition of tort liability of different types of ctoud confuting service providers is vague and the stardard of effective notification is not clear enough,and so on.This paper puts forward some suggestions on how to further improve the connection between the"safe haven" and the retevant legislation of our country,clarify the tort liability of different types of cloid computing service providers,and introduce the "transfer notice" solution.
Keywords/Search Tags:Cloud conputing service providers, Copyright infringement, Safe harbor principles, Technology neutrality
PDF Full Text Request
Related items