클라우드 컴퓨팅의 저작권법적 문제에 관한 소고

Abstract

Cloud computing service is being used more than we think. There is, however, no simple definition, we have to make a temporary definition to progress the legal discussion about it. In the enterprise level, cloud computing service is the service which provide the enterprises with the almost unlimited computing power on-demand based on the hardware virtualization technique and the distributed processing technique. In the consumer level, cloud computing service is the service which make it possible to use her content with various device in anytime, in anywhere. In related with the responsibility of online service provider, cloud computing service provider can be included in the online service provider and if all requirements are met, it can be immune from criminal liability as well as the responsibility of copyright infringement. In the enterprise level, cloud computing service provider can be perceived as online service provider of online service provider, its status is not clear as a secondary online service provider. First of all, as to the infringement of separate rights of copyright, the copy of the user of cloud storage service can be concluded as a copy in terms of the infringement of the right of reproduction, but it can be exempted from liability as a private copy exception. the copy of cloud storage service provider may be concluded as a copy in terms of the infringement of the right of reproduction, and it cannot be exempted from liability because it might not be judged as a private copy exception. As above mentioned, the responsibility of the cloud computing servide provider as a secondary online service provider is unclear. It can cause controversy, but it can be said generally that saving at RAM of hard disk driver in very short time might not be a fixation in terms of the definition of copyright, if so, it does not infringe the right of reproduction. As to the infringement of the right of transmission etc., the definition of the public has contradiction per se, and can cause problems in interpretation of the provisions of the separate rights and limitation of copyright as well as in case of cloud computing service. Current view of the court in which service provider itself, not service user, could be the performer of transmission make it illegal the iTunes match service of Apple. As the scale of cloud computing service industry grows, the number of copyright disputes would be grow as well. To prepare the future, we should not only solve the specific cases, but also clarify the basic concept like reproduction or the public.