Research On The Application Of Notice-and-takedown Rule In Cloud Service Providers Infringement Cases

The rapid development of information technology has changed the creation and dissemination of works,and the traditional copyright legal system has been challenged.The commercialization of cloud computing,big data,block chain and other technologies has continuously formed new types of network service providers.New types of network service providers have different technical characteristics,business ethics standards and industry supervision from traditional network service providers.In 2019,the second instance of the "Ali Cloud Case" was revised,which was the first case in which a cloud server provider was sued for infringement in the country.The court of second instance ruled that Ali Cloud is not liable for infringement.This case will directly affect future court judgments on cloud server providers’ infringement cases,and will have an important impact on the development of cloud computing industry.New types of network service providers,including cloud server providers,have the particularity of technology,business ethics,and industry supervision.In network infringement cases,how to accurately define the nature of cloud server providers,classify the types of network services,apply the notice-and-takedown rules,determine the infringement,and whether to bear the liability for infringement has not yet formed a unified conclusion.Moreover,if a new type of network service provider strictly follows the traditional civil infringement mechanism,it will seriously hinder the commercial development of the cloud computing industry.How to interpret and apply the new normal under the existing legal system becoming the key to a new type of network service provider in infringement cases.This article takes the "Ali Cloud case" as the starting point,research how cloud server providers apply notice-and-takedown rules.First,comprehensively sort out the basic facts of the case,conduct an in-depth legal analysis of the important disputes of the case,summarize the technical characteristics of the cloud server provider,and compare it with the traditional network service provider,and conclude that the cloud server provider is not applicable of the notice-and-takedown rule stipulated in the Regulations.This case is analyzed and compared with the infringement case caused by another new type of network service provider,and the inherent law of the new type of network service provider applying the current law is summarized.In addition,It is concluded that the cloud server provider does not constitute indirect infringement and does not need to bear the liability for infringement.Finally,based on the analysis of this case,in order to achieve a balance between the interests of network service providers and the interests of right holders,suggestions for improving cloud server providers’ application of notice-and-takedown rules are put forward.including cloud server providers effectively connecting the Civil Code and the Tort Liability in the application of the provisions of network infringement in the Law,the provision of legal suggestions to the Regulations,the possibility of setting appropriate care obligations for cloud server providers,the precautionary measures that cloud server providers may take before,during and after the event,the social responsibility of the the cloud server that the provider can assume,to protect the rights of right holders and promote the smooth development of the cloud server industry.