关键词： 网络云端服务提供者, 侵犯著作权罪, 实质解释, 应对

Abstract: Crime of copyright infringement of network cloud service providers is characterized by novel subject of crime,unique style of offence and complicated circumstances of crime.No consensus has been reached in the circles of criminal law as to whether the network service providers should bear the criminal liability or whether the neutral network has contributed to the crime,which leads to a theoretical dilemma in affirming the crime.In China,the legal norm of criminal law mostly came into being before the birth network cloud technology,so new problems have appeared in affirming the crime of network copyright infringement.Since the criminal law on the crime of copyright infringement has not been updated,the self-adaptive function of the judicial system should be fully played.Based on the theory of substantive interpretation of criminal law and in accordance with the principle of legality,constitutive elements of the crime of copyright infringement,such as copied distribution,the purpose of profit-seeking,and subjective crime,etc.,should be interpreted extensively.

Key words: network cloud service providers, crime of copyright infringement, substantive interpretation, response