Research On Copyright Contributory Infringement Liability Of Cloud Computing Service Providers

The characteristics of online infringement are hidden and widely distributed,and it is often difficult for the right holder to identify the direct infringer.On the contrary,the network service provider is easy to be identified,and it is easy to become the main object of the right holder’s responsibility,resulting in unfair responsibility.Therefore,the interests of both parties should be reasonably balanced,and service providers should bear their responsibilities.If their responsibilities are unreasonably increased,their enthusiasm will be affected and the development of related industries will be hindered:if the protection given to rights holders is too light,It is also not conducive to the formation of an innovative atmosphere and the strengthening of intellectual property protection.Throughout the domestic and foreign legislative process,all countries have made efforts to maintain the balance of two part.Different from the United States.Germany and other countries,my country’s network technology started late,and the relevant legislation is not perfect.Although my country’s newly promulgated "Civil Code" has made certain supplements and improvements to the rules of network service providers helping infringement For the new service providers represented by cloud computing service providers,the degree of standardization is still not enough.Therefore,this paper combines legislative practice,academic discussions,and judicial cases,aiming at the emerging network subject of cloud computing network service providers,to three key issues.Analysis:First,the legal application of the subject of the cloud service provider;second,the connotation of"necessary measures" and the rationality of "transfer notice";third,the liability form of the cloud service provider’s help in infringement.In order to settle this problems,this text begins with the basic concepts and technical characteristics of cloud computing service providers,explains the technical characteristics and industry norms of the subject,contrasts the distinguish between the subject and traditional network service providers,and then combines domestic and foreign legislation This text analyzes the distinguishs between my country and other countries in dealing with the contributory infringement of network service providers.and then puts forward their own opinions based on academic discussions and judicial cases,focusing on the analysis of the subject nature of cloud service providers,the connotation of necessary measures and the introduction of security The rationality of the guarantee obligation,and finally come up with the relevant improvement proposal.Specifically,for the issue of subject application,this paper advocates the introduction of relevant judicial interpretations or guiding cases to bring cloud service providers into the scope of the norm;for the issue of necessary measures that can be taken,this paper believes that necessary measures include but are not limited to " "Location and removal" should be comprehensively judged based on the technical characteristics of the subject and the nature of the measures."Transfer notification" should have independent applicable value to cloud service providers;for the form of responsibility,this paper advocates the introduction of security responsibility to let network service providers Under the circumstance of "should know but not act",bear corresponding supplementary responsibilities.