The Dilemma And Outlet Of Computer Software Copyright Protection In SaaS Mode

With the widespread use of digital technology and Internet technology, Software business model is transformed from the traditional model which was a kind of perpetual license of Stand-alone and sales software to the network service software. It will become the inevitable trend in the software market that the Saa S model system under the cloud services. The biggest breakthrough is that it changed the traditional trading patterns of software which was based on a carrier and constructed an electronic leasing model which is based on the software rental rights and it doesn’t require actual delivery of tangible objects. Actually it is a kind of services which is one of the most mature and widely used service in the cloud field. the core of it is the Software which is a new application model.This paper mainly focuses on two aspects: On the one hand, it explores the incompatibility of the existing software copyright protection system which under the Saa S business model; On the other hand, It analyzes the two solutions that Rental-rights expansion and private copyright rules which were been proposed and used them to solve the problem by Scholars. On these basis,it summed up the crux of the problem, that is: How to solve the "omission" which was reflected to the Software protection by the existing copyright laws facing new business models and how to alleviate the damage caused to the public welfare of the copyright owner positive action under the new business model. Finally, it put forward countermeasures to solve the "crux". The paper is divided into five parts:The first part described the connotation and structure of the Saa S mode which in the evolution of software for clues and answered what the Saa S model and what is the relationship between Saa S and the cloud. Saa S is a abbreviation of the "Software as a service" which is a kind of application model of regarding the internet as a carrier and Completing interaction through the browser, By this way Supplier can provide software services to remote users.The second part analyzes the changes of Usage of software In the Saa S model. Answered why Saa S model will give existing software copyright protection system impact.Software usages which under the model, content and licensing model in the Saa S are very different with the way of sense of the Copyright Act,the biggest difference is that you can’t actually control works, cause the control and ownership of the software enjoyed by suppliers.The third section explores the specific plight of the software copyright protection which caused by the Saa S model and gives an answer to that how the Existing software copyright protection. The first is the right system failure, The necessity loss of the right of reproduction. Compatible with conflict coexist of the rental way. Network dissemination of information showing the existing context of the conflict; Secondly, there is a loophole in the violations set. Saa S model endowed with a certain degree of "security" Capacity, The dependence on the copyright law of the copyright owner are waning. In addition, A new way of infringement which directly to the memory parameters during the software running rather than the software itself programs can’t be held responsible within the scope of copyright law.Finally, the value of copyright law which is “Promoting knowledge and enhance public welfare” are hard to realize cause there are deep and strict technical protection measures.The fourth part reflections on the present situation of scholars’ thinking about the Software copyright protection.On the one hand, provided a reasonable reflection on the right to lease expansion program and Weighed the pros and cons of their problem-solving.on the other hand, it explores Saa S service agreement rationality and legitimacy argument using the theoretical private copyright rules. Finally demonstrated the feasibility of the open source Saa S model Combined with the open source software model and for example to Affero GPL license.The fifth part proposed the idea of software copyright protection in the saas model.Given the rental right expansion trend to irrational expansion and the Private service agreement pursue the monopoly interests with exceeding a certain limit, so at the present stage,we should insist on the basis on the software copyright protection,At the same time, give some autonomy space for the private copyright rules, On the one hand to adjust the structure of software copyright, Promote "degrees of freedom" of the Saa S Agreement to be played. on the other hand,The combination of the Saa S Service Agreement and the Open source software licenses, either curb the irrational expansion of copyright,they also can give full play to the dynamic role of Saa S service agreement.