The Protection Of Intellectual Property Under The Cloud Computing Service Model

At present, the development of computer network is changing constantly. The pace of the development of information technologies has swept the globe as an explosion. With the accelerated speed of the development of modern science and technology, new scientific knowledge and the amount of information are experiencing a sudden increase. The difficult problem, that how to find the information we need from the huge "information ocean" quickly and efficiently, could be solved by the emergence of cloud computing.With the development of computer science which can create the capacity of cloud computing, meanwhile, cloud computing services also meet the other requirements. E-mail service provided by the cloud service provider via user interface based on the Internet, is one of the first services which is available to the public. This form of cloud computing services in the computer industry is known as "Software as a service"(SaaS), which makes E-mail move from desktop applications to the Internet-Based applications which are operating on the cloud computing provider’s servers. Another development of cloud computing is further dispersed the control of the applications and services which are installed on the basic infrastructure of the cloud provider. Many service providers are making transformation from designing their own applications (Software as a service, SaaS) and open their system to the third-party developers who can produce the applied software that can be run on the cloud service providers’platforms (Platform as a Service, PaaS). In addition, some cloud service providers are selling raw resources, including computer processing power and data storage, as a functional service (infrastructure as a service, IaaS). These three typical cloud computing service model are rapidly expanding, because for the consumers, these services provide a reliable and easy access to the expanded computing resources. Such kind of services avoid them from purchasing and maintaining their own hardware and allow them to save a lot of energy and cost; and for cloud service providers, it is a good chance for them to gain from their excess processing capacity of large storage and data storages pace.Currently, the world’s major IT companies are engaged in expanding their business in cloud computing and actively promote their own cloud computing services. SaaS (Software as a Service), PaaS (Platform as a Service), IaaS (Infrastructure as a Service), as the three major models of cloud computing service, build their business mode according to the requirements of enterprises and will further promote SaaS, PaaS, IaaS services transit from the form of service to the business mode. It can be seen that through its business mode of applications, platforms and services, cloud computing has affected the method that how personal and business users using computer and Internet and also the inter activity between them. Evolutions in new technologies and social changes are taking place. However, in the change of the above-mentioned services and business modes, some issues, such as whether the current intellectual property law can still play an effective role in regulating the copying of copyright, patent infringement, data security, customer privacy and maintaining market order; or whether the purpose and prospects of intellectual property legislation are already changed, are all increasingly discredited and waiting for further discussion and determination. As we all know, every law is with legal hysteresis. But in the field of computer, which has huge network benefits, this hysteresis, on one hand, will affect the development of the whole industry; on the other hand, will cause a high remediation costs to society. Therefore, in order to regulate the cloud computing services marketing the beginning of its formation, it is inevitable to analyze the intellectual property issues and legal environment in which the new market is running.This paper is to study the protection of intellectual property under the cloud computing business mode, aiming at some basic questions of intellectual property in the three typical models of cloud computing under its business mode. The main methods adopted in this paper are case studies and Fuzzy Analytic Hierarchy Process. Of course, this paper also involves some other legal analysis methods. German jurist Kaufman mentioned in his "philosophy of law":"no single theory can be the perfect solution to legal issues, the law is also not the only way to solve social disputes." Therefore, this article will not provide guidance for the accurate judgment to cases from an operational level, rather, it can be considered as a general description of the fundamental thoughts and methods which can solve the problem of intellectual property faced by cloud computing.