Comment On The Dispute Of Ali Cloud Infringement On The Right Of Information Network Dissemination Of Works

In the 21st century,the development of electronic information technology is extremely rapid,and the scope of application in various countries is becoming more and more extensive.Among them,the rapid rise of cloud technology as a new industry and its wide application have promoted the economic growth of the country and the dissemination and sharing of resources,and created a new history of the development of digital network economy.It has great economic benefit and time significance.Although cloud computing network technology has brought us all aspects of positive benefits,but the concerns also followed.The information secrecy of cloud service is very strong,and it is difficult for network users to trace back to its accurate source.In addition,there are no specific provisions on the nature of cloud server operators,legal liability and legal relationship between right holders and network service providers.In 2015,the Beijing Shijingshan people’s Court decided the first case of cloud computing in China,leading to a large number of disputes about cloud server infringement cases,which pushed such problems to the public eye.This article will take this case as the breakthrough point,carries on the analysis and the discussion to the cloud server infringes the work information network dissemination right dispute case legal question.First of all,the article briefly introduces the basic case of the case,the results of the court’s two judgments and the focus of the dispute are displayed one by one;secondly,the connotation of cloud computing and the definition of network service providers in the context of cloud computing are deeply studied and discussed;Thirdly,the obligation of “notice plus necessary measures” is analyzed one by one;Finally,we find out the legal problems in this case,and put forward some relevant suggestions for solving the disputes of cloud server infringement cases in China.