Forming The New Lawful Protection Mode Under Cloud Computing Mode

Cloud computing is a business model, which has completely changed the interactivemode between the software provider and the user, therefore, software services under cloudcomputing mode raise many new legal issues. This article, beginning from thedevelopment trend of software service model protection, analyses various problems ofsoftware services protection under cloud computing mode by means of theoretical analysis,historical analysis, empirical analysis and example analysis. Meanwhile, it refers to thelatest cases of the United States court, and gives some measures according to the judicialstatus quo in China, so as to contribute to the more reasonable and more scientific softwareservices protection in China under cloud computing mode, forming the new lawfulprotection mode.This article mainly consists of four parts:First part: through understanding of the definition of cloud computing, analysis ofcloud computing service type and deep understanding of the development of the softwareservices under the cloud computing mode, it summarizes the essential difference intechnology between a cloud computing software service mode and the traditional software.Because of these unique characters of cloud computing, it pro motes the changes of thelegal protection of software services.Second part: facing with the current situation of protection of computer softwarecopyright, it firstly analyzes the rationality of software services protection under the cloudcomputing mode through copyright, and then analyzes the conflicts between softwareservice system under cloud computing mode and the fair use system of copyright, anddraws a conclusion that it needs not to protect software services under cloud computingmode by copyright.Third part: firstly, by way of knowing and understanding the principles of substantiveexamination, direct infringement and inducement infringement in patent law, it analyses how the United States deals with patent protection problems causing by softwar e servicessystem, and gets some inspirations on how to protect the patentee’s when patentinfringement occurs in China. Then, combined with China’s national conditions, throughwriting a patent claim book, it analyses how patentee avoids the happening of patentinfringement under the current legal environment. Finally through the analysis of patentjungle phenomenon, this article expounds the difficulty on protecting cloud computingsoftware service system by patent.Fourth part: as holders of technology, the software service providers strictly protecttheir rights, but they do not pay enough attention to their legal responsibilities. Therefore,through the analysis of contract signed by software service providers and users, it clarifieslegal responsibilities assumed by software service providers in software service qualitycontract under cloud computing mode. And it also analyzes its unique cloud security priorreview responsibility and influence on user data legal responsibility after terminatingsoftware service contract under clouding mode.