The Law Application Of The "Notice-Deletion" Rule In The Copyright Infringement Of Cloud Leasing Platform

With the rapid change of science and technology,cloud leasing platform because of its cloud characteristics rapidly occupy market share,become an important part of the cloud infrastructure construction.With the construction of powerful intellectual property rights,the possibility of infringement hidden behind the cloud rental platform is gradually increasing,and the illegal and legal is only on the line.In the Supreme Court’s intellectual property guidance cases,judges usually make judgments on traditional online copyright infringement cases according to the "notice-deletion" rule.In 2015,LD Company sued AL Company for the copyright infringement of its cloud rental platform,which triggered a strong response from the society.In the litigation process,both parties insisted on their own views,and there were considerable disputes over legal facts and the application of law.In this case,the original defendant on a number of dispute focus,each of their own words,the intensity of the degree can be seen.Among them,the "notice-deletion" rule provides the legal basis for the whole case trial.However,scholars mostly avoid talking about whether the notice in the "notice-deletion" rule is preset.Meanwhile,the "notice-deletion" rule has not been independently compiled and is scattered in various legal documents.This paper analyzes the "notice-deletion" rule by combining relevant legislative documents from overseas with typical cases in Chinese laws,regulations and judicial practices.For the subject of AL Company,the court should adopt the "notice-necessary measures" rule to protect the legitimate interests of the right holder,instead of mechanically applying the "notice-deletion" rule to regulate it.By sorting out,summarizing and researching the research results of copyright protection and tort liability of cloud leasing platform,this paper analyzes the notice and subject problems faced by China in protecting the copyright of cloud leasing platform from the two aspects of theory and practice.When the new object to be verified in the future bears the possibility of infringement,this procedure provides an effective solution for judging its legal nature and applying the legal provisions.In recent years,the number of copyright infringement disputes in judicial practice shows an increasing trend,but the relevant protection system of cloud rental platform has not been further improved.Therefore,this paper makes an innovative comparative analysis of the "notice-deletion" rule and the actual cases,exposes the relevant problems existing in the haven principle system,and then discusses the effective evaluation criteria of notice and the "notice-necessary measures" section The possibility of the construction of the industry service platform is proposed,and views on the application of the "notice-deletion" rule in judicial practice are put forward,as well as suggestions on improving the relevant system.