Cloud computing

298 views

Published on

Cloud computing

Published in: Law
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
298
On SlideShare
0
From Embeds
0
Number of Embeds
7
Actions
Shares
0
Downloads
4
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Cloud computing

  1. 1. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com BY LENY THOMAS KURAKAR
  2. 2. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com  The cloud provides computing as a service.  Computing includes storing, processing, applications, network, servers, and services  The cloud is facilitated by an external server owned by the Cloud Service Provider (CSP).  They are networked to provide a centralized data storage and online access to the computer services or resources
  3. 3. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com NIST* Defines… * National Institute of Standards and Technology Cloud computing is a model for enabling:  ubiquitous,  convenient,  on-demand network access to a  shared pool of configurable computing resources that can be  rapidly provisioned and released with minimal management effort or service provider interaction.
  4. 4. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Visualization of NIST definition:
  5. 5. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Essential characteristics of the cloud  On demand self- service: a consumer can provision computing capabilities Broad network access: capabilities are over the network and accessed through standard mechanisms  Resource pooling: providers computing resources as pooled to serve multiple consumers using a multi- tenant model  Rapid elasticity: computing capabilities can be scaled rapidly upward and inward commensurate with demand  Measured service: resource use can be monitored, controlled and optimized in a transparent way
  6. 6. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Models of clouds SERVICE MODELS • SAAS • PAAS • IAAS DEPLOYMENT MODELS • PUBLIC CLOUD • PRIVATE CLOUD • COMMUNITY CLOUD • HYBRID CLOUD
  7. 7. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Division of labor in SAAS, PAAS and IAAS https://www.aippi.org/download/seoul12/presentations/Pres_WS_IV_AN%C3%A9ri_181012.pdf
  8. 8. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com  Google- Cloud App Store  Microsoft- Azure, Onedrive  Rackspace- Openstack  IBM- IBM Cloud  Amazon- Elastic Cloud Compute (EC2)  Oracle- Oracle Exalogic Elastic Cloud
  9. 9. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com A view of the cloud The Cloud Computing Revelations of 2010, http://cloudtimes.org/2010/12/18/the-cloud-computing-revelations-of-2010/
  10. 10. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com An e-Governance Bulletin from GUJARAT INFORMATICS LTD.
  11. 11. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com IndIa enters the cloud Meghraj A GI Cloud Initiative  Accelerate delivery of e- services Optimize the ICT spending of the government Optimum utilization of infrastructure ICT services on demand in OPEX model Main features: Self service portal Multiple cloud solutions Secured VPN access Multi location cloud
  12. 12. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Darker side of the cloud  Confidential information can be compromised  Risk of inappropriate access to personal and confidential information  Lack of privacy and security of data.  Uncertainty as to location of data  Vendor lock- in and portability problems  Loss of control of data * GI cloud Strategic Direction Paper
  13. 13. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Intellectual property in the cloud Intellectual property primarily relates to :  Information, whether confidential or data, expressions of ideas (protected primarily by copyright),  Signs and branding (protected by copyright and trademarks), and  The underlying structures of intellectual ecommerce, whether hardware or software (protected by copyright or patents).
  14. 14. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com How does cloud computing threaten intellectual property rights?  The content in digital form can be disseminated instantaneously, it can be rapidly copied by third parties, it is difficult to monitor the cloud  3rd party company could change their terms and conditions or upgrade their hardwaresoftware without your permission or knowledge. They can even change the privacy policy.  The data is subjected to local laws that are outside control.  This could enable 3rd parties in other countries the to access the data.   Access to cloud storage data could be removed at any time and this is also outside your control.  This could result in your account and any related data being deleted
  15. 15. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Most probleMatic.. what constitutes infringement? o Fragments of data are kept in different jurisdictions- the laws in all these nations must be considered to decide infringement. o Intellectual property protection is territorial. So if a Canadian patent is used in US via the cloud, is there any infringement at all… o There is no definitive law to tackle divided infringement. (Infringement may not be done by an individual entity. But by different elements in the cloud providing system. The cloud is facilitated by the hardware owners, service providers, and the cloud itself might be the result of a sub contract among the parties. Hence in these cases there arises the situation of divided infringement.)
  16. 16. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Infringement, liability, etc…  Detection of infringement: The cloud data is stored and processed in an ambiguous and fragmented manner. Hence it would be difficult to trace the infringement. Reverse engineering is unhelpful to understand the locus of infringement. To fix liability on cloud service providers it is necessary to prove infringement. The disclaimer clauses and the liability clauses in the service contracts are usually drafted in such a manner so as to keep liability risks at bay.  Adding to to all these back up failure (cloud outages) and  Hacking attempts
  17. 17. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Threats to trademark Extensive infringement- • A sign is visible in a country where a conflicting right exists • Exclusive right in a trademark will have a worldwide effect •will be available even in a country in which it was not intended to be used • thus use of a sign in the computer will be susceptible to infringement claims literally all over the world Restrictive infringement-  would require a link between the use of the sign on the internet and the country in which the trademark requires protection  the user have intended the effect in any of the countries  the activity in the web be distinguished- advertising should be treated differently from use for mail order/ delivery of digital goods or services * WIPO document, SCT 2/9, paras 28 to 34 and 62 to 66
  18. 18. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Some cases: 2.Tiffany (NJ) Inc. v. eBay Inc (2010) Tiffany alleged that the eBay users were using eBay resources to sell counterfeit Tiffany products- court denied injunction as eBay did not have any specific knowledge of the infringement. 1. Inwood Labs. Inc v. Ives Labs., Inc A service provider is liable for contributory trademark infringement if one of two conditions is met: (a) the provider “intentionally induced another to infringe a trademark,” or (b) the provider continued to supply its services to a user who it knew or had reason to know was infringing on trademarks. 3. Louis Vuitton Malletier, SA v. Akanoc Solutions, Inc., (2011) Akanoc’s services included the rental of server space, IP addresses, and bandwidth to foreign resellers of the same services, who then resold the services to companies which sold counterfeit Vuitton items. V was able to claim statutory damages from A
  19. 19. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Possible solutions:  International consensus on the criteria to determine the link between the use of a sign and the trademark protection is required  Disclaimers provide a flexible tool to territorialize the use of sign and to avoid infringement claims in particular territories where there might be conflicting rights. But this is not a pragmatic solution * WIPO document, SCT 2/9, paras 37 and 66
  20. 20. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Copyright… Copies of copyright protected material within cloud.. Is it infringement..? E.g.: if you own software programs or music files, this is in general not ownership per se, but rather a license to an individual copy. In accordance with the law in many countries, it is possible for individuals to make copies of music and film files for private use, as well as to a close circle of friends and family. When files are saved on cloud servers, is it still a private use? What kind of distribution is permissible?  The ways in which material may be spread and to how many.  What responsibility does intermediaries have? (in this case- CSP) Since copyright protected material is protected in certain countries but not in others, this can lead to geographical limitations and uncertainty regarding licensing rights.
  21. 21. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Cases.. 1.Penguin Group (USA) Inc v American Buddha (2010) American Buddha maintained a website known as Ralph Nader Library. The information available in the library website was stored in servers located in States of Arizona and Oregon. As soon as Penguin found out about the library’s website and that four of the plaintiffs printed works were available there, it filed a lawsuit against American Buddha in New York, claiming that the uploading and making available four books infringed Penguin’s copyright. American Buddha challenged the jurisdiction of the New York court. The New York District court agreed with the defendant indicating that the place of the injury was ‘where the books were electronically copied’. i.e., where the servers were located (Arizona or Oregon) and not in New York where the Plaintiff Penguin was located.
  22. 22. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Confusion in liability.. 2. Disney Enterprises, Inc. et al., v. Hotfile Corp., et al., (2011) The Southern District of Florida dismissed direct infringement claims brought by a group of movie studios against Hotfile, an internet storage service, but refused to dismiss claims for inducement, contributory and vicarious liability. 3. Perfect 10, Inc. v. Megaupload Ltd., et al., (2011) Southern District of California upheld direct infringement claims against a file storage service but denied claims for vicarious liability.
  23. 23. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Safe harbor Section 512(a) of the Digital Millennium Copyright Act: Allows an Internet service provider to provide connections for material that is temporarily stored on its service with impunity, provided it meets the following conditions: oAn individual, other than the service provider, initiated or directed the transmission of the material at issue; oThe Internet service provider did not select the material being transferred, routed, or stored, but instead the process is completed automatically; oAnother person, not the service provider, selects the recipient of the material; oThe material housed on the server is not available to individuals other than the named recipient, nor is it available to the intended recipient for an unreasonably long period of time; and oThe Internet service provider does not alter or modify the material's content
  24. 24. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com to conclude… Some suggestions:  Cloud Service Providers should have policies and protocols regarding intellectual property protection  A Global legal framework in the model of the UNCLOS (UN Convention on the Law of the Sea) should be formulated  There must be international consensus on the means to protect rights in the cloud  There must be a cloud registration center on an international basis to study the technical aspects of the cloud and to demarcate its boundary.
  25. 25. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Thank u…

×