Key Legal Issues with Cloud Computing

2015 ◽  
pp. 2063-2077
Author(s):  
Sam De Silva

The chapter considers the key legal issues with cloud computing, including: (1) liability for service failure; (2) service levels and service credits; (3) intellectual property issues; and (4) jurisdiction and governing law.

Author(s):  
Sam De Silva

The chapter considers the key legal issues with cloud computing, including: (1) liability for service failure; (2) service levels and service credits; (3) intellectual property issues; and (4) jurisdiction and governing law.


Author(s):  
Advokat Lars Perhard

Cloud Sweden is a story about how a group of experienced IT-people from different sectors of the industry came together and discussed a relatively new phenomenon called the Cloud; or what is today labelled as Cloud computing. And they realised there was a tremendous momentum and potential prosperity connected to it. They also concluded that in order to support potential users and to promote Sweden as an IT-oriented country in the forefront of the development there was a need for information – organisations considering migrating their IT functions to the Cloud should at least be able to make an informed decision. There are significant advantages with this new technology, but also a number of pitfalls that any user should be aware of. There were for example critical security issues at hand before when the servers were placed within the four walls of the office and there still are critical security issues relating to the Cloud. However, the issues to solve are different. Cloud Sweden was founded and the different branches of the group have produced a number of documents published on its website. Cloud Sweden has apart from a number of members working actively in the steering and competence groups several thousand members from the industry in a Linkedin network. In this article you will find a sample of what the legal group of Cloud Sweden has produced – a primer of legal issues that a migrant shall pay attention to before the leap into the Cloud. 


Author(s):  
Holger Schrödl ◽  
Stefan Wind

In industrial practice, cloud computing is becoming increasingly established as an option for formulating cost-efficient and needs-oriented information systems. Despite the increasing acceptance of cloud computing within the industry, many fundamental questions remain unanswered, or are answered only partially. Besides issues relating to the best architectures, legal issues, and pricing models, suppliers of cloud-based solutions are faced with the issue of appropriate requirements engineering. This means eliciting optimal understanding of the customer’s requirements and implementing this into appropriate requirements of the solution to be realised. This chapter examines selected, established requirements engineering methods in order to study the extent to which they can be applied to the specific requirements of cloud-based solutions. Furthermore, it develops a comparison framework containing the features of cloud computing. This comparison framework is applied to four established process models for requirements engineering. Recommendations for a requirements engineering process adapted to cloud computing are derived.


2013 ◽  
pp. 115-132
Author(s):  
Peter J. Wasilko

This chapter introduces readers to a broad range of legal issues relevant to game designers and developers touching such topics as intellectual property protection, player disputes, employment, licensing, and taxation. It provides an overview of relevant law, but primarily focuses on how to bring legal considerations into game design, software development, and business planning so as to minimize one’s legal risk. The Principle of Severability is also highlighted as a way to increase users’ willingness to contribute content; it is then extended to offer guidance in setting up a Litigation Savvy Development process.


Author(s):  
Dionysia Kallinikou ◽  
Marinos Papadopoulos ◽  
Alexandra Kaponi ◽  
Vassiliki Strakantouna

The development of Digital libraries and repositories, a worldwide vision with enormous political and ideological importance for humanity, in an effort to approach cultures and preserve plurality and diversity, is directly affected by the provisions of Intellectual Property Law and is subject to the consideration of innovation through legislation. Legal issues such as these related to software use, database protection, the collection, digitization, archiving, and distribution of protected works are of outmost importance for the operation and viability of Digital libraries and repositories. In this chapter, the authors focus upon some of these legal issues and consider an alternative proposal in respect of Intellectual Property law for open access to creative works furnished to the public through Digital libraries and repositories. The alternative proposal pertains to the use of the Creative Commons licenses as a legal means to enhance Openness for Digital libraries.


Author(s):  
Kristine Holloway

Technology has changed the way Fair Use is determined in an educational environment. Administrators face issues of ownership and copyright when making instructional materials available electronically. Planning for copyright issues, negotiating fair contracts with faculty and vendors, collaborating with stakeholders, and re-thinking Fair Use policies for online learning must occur when transitioning to an electronic library. Instructors and school leaders must understand Fair Use and the legal issues involved. They must deal with issues of academic integrity in an electronic environment and offer instruction on how to avoid student and faculty miss-use of materials. Ownership of intellectual property should be clearly defined to avoid conflict between online instructors and administration. Administrators must understand fair use and copyright issues and create policies and plans for dealing with issues that will inevitably arise as they work with course materials, faculty, and students in an online environment.


2008 ◽  
pp. 279-290
Author(s):  
H. Sasaki ◽  
Yasushi Kiyoki

The principal concern of this chapter is to provide those in the digital library community with the fundamental knowledge on the intellectual property rights and copyrights regarding multimedia digital libraries. The main objects of our discussion are the multimedia digital libraries with content-based retrieval mechanisms. Intellectual property rights are the only means for database designers to acquire their incentive of content collection and system implementation in database assembling. We outline the legal issues on multimedia digital libraries and retrieval mechanisms. As the protection of intellectual property rights is a critical issue in the digital library community, the authors present legal schemes for protecting multimedia digital libraries and retrieval mechanisms in a systematic, engineering manner.


2021 ◽  
pp. 615-639
Author(s):  
Ahmed Abdel-Latif ◽  
Pedro Roffe

Sustainable development has emerged as a key priority in the global agenda, and the intellectual property (IP) system has come to interact with it more closely. This has resulted in the emergence of a range of policy and legal issues that the IP system is still grappling with in relation to biodiversity, climate change and the diffusion of green technologies, food security, and the implementation of the Sustainable Development Goals (SDGs) more generally. In this regard, this chapter aims to provide an overview of how the interface between IP and sustainable development has evolved particularly at the international level. It examines how IP has been dealt with in key sustainable development fora and how sustainable development has been addressed in international IP settings. The chapter also points out some efforts and initiatives seeking to bridge the gap between the realms of sustainable development and IP. In addition, it considers several legal issues at this interface which require further research. The chapter finds that while there have been extensive multilateral discussions on this topic, they have not, in general, resulted in changes to existing international IP rules to accommodate sustainable development concerns. The United Nations 2030 Agenda for Sustainable Development can provide a space to advance this discussion through an inclusive dialogue which addresses the role of IPRs in sustainable development both in terms of promoting innovation and providing access to the fruits of such innovation. Such a dialogue which brings together a diversity of views and stakeholders could help foster a broader approach to IP in the sustainable development context.


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