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Carla Pinheiro Presentation / CloudViews.Org - Cloud Computing Conference 2009


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Carla Pinheiro Presentation / CloudViews.Org - Cloud Computing Conference 2009

  1. 1. © Clarke Modet & Cº 2009 The Leading IP Firm in Spanish and Portuguese Speaking Countries
  2. 2. <ul><li>Patents and Models </li></ul><ul><li>Industrial Design </li></ul><ul><li>Community Design </li></ul><ul><li>Technological Surveillance & Intelligence </li></ul><ul><li>Plant Varieties </li></ul><ul><li>Trademarks and Distinctive Signs Protection </li></ul><ul><li>Worldwide Trademark Search </li></ul><ul><li>Purchase & Sale of Trademarks and Domain Names </li></ul><ul><li>Domain Names </li></ul><ul><li>Internet Monitoring </li></ul><ul><li>Copyrights </li></ul><ul><li>Intellectual Property & Copyright Management System </li></ul><ul><li>Valuation of Intellectual Property Assets </li></ul><ul><li>Technology Transfer </li></ul>Our service portfolio
  3. 3. Copyrights Clarke, Modet & Cº offers a complete advising service to the organizations concerning Copyrights in all stages. We support in the design and implementation of the intellectual assets management policy. <ul><li>Main advantages: </li></ul><ul><li>Profitability of the investment made and reduction of third-parties infringement risk </li></ul><ul><li>Protection, control and defence of the Copyright mechanisms </li></ul><ul><li>This service is aimed at: </li></ul><ul><li>Organizations which produce, edit, print, trade and supply, own and third parties, artistic work which can be protected by Copyrights </li></ul><ul><li>Companies that use music, pictures, software, data base, articles, magazines and designs belonged to third parties </li></ul><ul><li>Consultancy companies and Architecture & Engineer studio </li></ul><ul><li>Universities </li></ul><ul><li>Research Centres </li></ul>
  4. 4. Our approach Intellectual Property & Copyrights Management Systems With an owned approach, organizations could manage and exploit the IP assets in line with their business plan <ul><li>Main advantages </li></ul><ul><li>Control over the IP assets and their emerging values </li></ul><ul><li>Assistance in the R&D and innovation investment and Know-how according to the business strategy </li></ul><ul><li>Recording the procedures and processes of the IP management </li></ul><ul><li>Setting up a common language and uniform performance procedures </li></ul><ul><li>Identification, control, monitoring and exploitation of the IP assets </li></ul><ul><li>Secure transmission of the innovative knowledge </li></ul><ul><li>IP culture implementation within the organization </li></ul>Analysis of the initial situation Report of the detailed information concerning the scope and condition of the IP management Description and Development of the Management Procedures Planning and development of the IP management measures and practices Scheme Implementation Start-up the system to guarantee the correct operative and strategic lines of the organization Human Resources Training RESULTS ANALYSIS Confirmation and validation of the IP Management System
  5. 5. CLOUD COMPUTING <ul><li>WHAT IS CLOUD COMPUTING? </li></ul><ul><li>According to the World Privacy Forum cloud computing: </li></ul><ul><li>involves the sharing or storage by users of their own information </li></ul><ul><li>on remote servers owned or operated by others </li></ul><ul><li>and accessed through the Internet or other connections. </li></ul><ul><li>WHERE CAN CLOUD COMPUTING BE FOUND? </li></ul><ul><li>data storage sites, </li></ul><ul><li>video sites, </li></ul><ul><li>tax preparation sites, </li></ul><ul><li>personal health record websites, </li></ul><ul><li>photography websites, </li></ul><ul><li>social networking sites, </li></ul><ul><li>and many more… </li></ul>CLOUD
  6. 6. CLOUD COMPUTING <ul><li>WHAT’S THE PUBLIC MAIN CONCERN? </li></ul><ul><li>According to a report of the Pew Internet and American Life Project: </li></ul><ul><li>90% of cloud application users say they would be very concerned if the company at which their data were stored sold it to another party. </li></ul><ul><li>80% say they would be very concerned if companies used their photos or other data in marketing campaigns. </li></ul><ul><li>68% of users say they would be very concerned if companies who provided these services analyzed their information and then displayed ads to them based on their actions. </li></ul>
  7. 7. CLOUD COMPUTING <ul><li>SOME CURIOUSITIES... </li></ul><ul><li>1 - In March 2007, Dell applied to trademark the term &quot;cloud computing&quot; (U.S. Trademark 77,139,082) in the United States. </li></ul><ul><li>The &quot;Notice of Allowance&quot; it received in July 2008 was canceled on August 6, resulting in a formal rejection of the trademark application less than a week later. </li></ul><ul><li>2 - On September 30, 2008, USPTO issued a &quot;Notice of Allowance&quot; to CGactive LLC (U.S. Trademark 77,355,287) for &quot;CloudOS&quot;. </li></ul><ul><li>3 - In November 2007, the Free Software Foundation released the Affero General Public License, a version of GPLv3 designed to close a perceived legal loophole associated with Free software designed to be run over a network, particularly software as a service. </li></ul><ul><li>An application service provider is required to release any changes they make to Affero GPL open source code. </li></ul>
  8. 8. CLOUD COMPUTING <ul><li>IS CLOUD COMPUTING A TRAP? </li></ul><ul><li>Richard Stallman, said that cloud computing was </li></ul><ul><li>simply a trap aimed at forcing more people to buy </li></ul><ul><li>into locked, proprietary systems that would cost them </li></ul><ul><li>more and more over time. </li></ul><ul><li>Stallman, who is a staunch privacy advocate, advised users to stay local and stick with their own computers. </li></ul><ul><li>&quot;One reason you should not use web applications to do your computing is that you lose control,&quot; he said. &quot;It's just as bad as using a proprietary program. Do your own computing on your own computer with your copy of a freedom-respecting program. If you use a proprietary program or somebody else's web server, you're defenceless. You're putty in the hands of whoever developed that software.“ </li></ul><ul><li>His comments echo those made last week by Larry Ellison , the founder of Oracle, who criticised the rash of cloud computing announcements as &quot;fashion-driven&quot; and &quot;complete gibberish&quot;. </li></ul>
  9. 9. CLOUD COMPUTING <ul><li>LEGAL ISSUES </li></ul><ul><li>Regulation (Y/N)? </li></ul><ul><li>Cloud service delivery model is not entirely new nor is it unregulated. </li></ul><ul><li>There is an extensive pre-existing framework of regulation which applies </li></ul><ul><li>to IT, software and e-commerce, which will be applicable to cloud-computing </li></ul><ul><li>models, even though it may not have been drafted with cloud computing in mind. </li></ul><ul><li>Global (Y/N)? </li></ul><ul><li>Although cloud services appear to be global, it is still going to be subject to national regulations </li></ul><ul><li>Where and for how long? </li></ul><ul><li>Various regulators will be interested to know where, and for how long, is going to be the location of customer data. </li></ul><ul><li>There is a big issue, for example, around transfers of data outside the European Economic Area: this can only be done under certain strict conditions. </li></ul><ul><li>Legislation imposes different retention periods for different types of data (employment records, tax records, health and safety files, etc), while data-protection law says you can only keep personal data for as long as necessary. </li></ul><ul><li>What limits to the subcontracting of services? </li></ul>
  10. 10. CLOUD COMPUTING <ul><li>Quality? </li></ul><ul><li>in some cases, few legal assurances given by service-providers </li></ul><ul><li>reflect that lower price and little support or maintenance. </li></ul><ul><li>Some of those terms and conditions may not stand up to </li></ul><ul><li>EU consumer and contract law. </li></ul><ul><li>Contract Issues </li></ul><ul><li>C.C. requires the adoption of new business models: </li></ul><ul><li>The “traditional” licensing model - a software company will grant a customer the right to install and use the program on the customer’s own computer located on its own premises. </li></ul><ul><li>In the cloud computing paradigm, the provider grants the customer the right to obtain access to certain limited functionalities (perhaps through a web-based interface) of programs installed on the provider’s computer at a remote location. Such limited right of access and use may be granted only for a limited time period. </li></ul><ul><li>This different business model has to address matters such as payments, warranty terms, termination, liability and protection of confidential and personal information. </li></ul>
  11. 11. CLOUD COMPUTING <ul><li>Protection of Privacy </li></ul><ul><li>In certain jurisdictions, data which customers might believe to be secure could, in fact, be subject to disclosure through, for example, the broad discovery powers of judges in the US, or extensive government surveillance powers. </li></ul><ul><li>May personal information about Portuguese stored outside Portugal, if the cloud computing service is offered by a U.S. service provider. may be accessed by law-enforcement bodies, particularly under anti-terrorism legislation such as the USA PATRIOT Act or the UK Regulation of Investigatory Powers Act. </li></ul><ul><li>Also, Health record privacy laws require a formal agreement before any sharing of records </li></ul><ul><li>And professional secrecy obligations, such as imposed on lawyers, </li></ul><ul><li>may prevent the sharing of client information </li></ul><ul><li>Enforcement of Intellectual Property Rights </li></ul><ul><li>Will he rights holder be in a position to enforce their intellectual property rights when computing resources are used for the unauthorized distribution of video, music or other content, and the location of the infringing activity may be difficult to determine. </li></ul>
  12. 12. CLOUD COMPUTING <ul><li>Reputation Fate Sharing </li></ul><ul><li>One customer’s bad behaviour may affect the reputation of the cloud as a whole; </li></ul><ul><li>  </li></ul><ul><li>Cloud computing providers would prefer liability to remain with the customer (i.e., the company sending the spam) </li></ul><ul><li>  </li></ul><ul><li>Jurisdiction </li></ul><ul><li>Which courts will have jurisdiction to deal with any wrongful activity, such as the posting of defamatory content on storage devices located in one jurisdiction, where the customers or any affected third parties may be located in other jurisdictions. </li></ul><ul><li>Also, information in the cloud may have more than one legal location at the same time </li></ul><ul><li>Different jurisdiction bears different legal consequences </li></ul>
  13. 13. CLOUD COMPUTING <ul><li>RISK MITIGATION </li></ul><ul><li>Users of cloud services should insist on (SLA) service level agreement terms </li></ul><ul><li>with their providers in relation to the following: </li></ul><ul><li>PRIVILEGED USER ACCESS — inquire about who has specialized access </li></ul><ul><li>to data and about the hiring and management of such administrators </li></ul><ul><li>REGULATORY COMPLIANCE — make sure a vendor is willing to undergo </li></ul><ul><li>external audits and/or security certifications </li></ul><ul><li>DATA LOCATION — ask provider if he will commit to storing and processing data in specific jurisdictions, and whether they will make a contractual commitment to obey local privacy requirements on behalf of their customers </li></ul><ul><li>DEMONSTRABLE CUSTOMER CARE – security; probably persistent data integrity; storage security </li></ul>
  14. 14. CLOUD COMPUTING <ul><li>RISK MITIGATION </li></ul><ul><li>DATA SEGREGATION — make sure that encryption is available </li></ul><ul><li>at all stages and that these &quot;encryption schemes were designed </li></ul><ul><li>and tested by experienced professionals&quot;, since encryption </li></ul><ul><li>accidents can make data totally unusable </li></ul><ul><li>RECOVERY — find out what will happen to data in the case of a disaster; do they offer complete restoration and, if so, how long that would take </li></ul><ul><li>INVESTIGATIVE SUPPORT / SEARCHABILITY — inquire whether a vendor has the ability to investigate any inappropriate or illegal activity </li></ul><ul><li>LONG-TERM VIABILITY — ask what will happen to data if the company goes out of business or is sold to another party; how will data be returned and in what format. </li></ul>
  15. 15. CLOUD COMPUTING <ul><li>Conclusions </li></ul><ul><li>The cloud computing trend is likely to lead to new </li></ul><ul><li>business models and contract arrangements </li></ul><ul><li>between IT providers and their customers. </li></ul><ul><li>However customers must also be prepared for the potential risks of the new arrangements </li></ul><ul><li>Don’t forget that a cloud on the ground is called “fog”… </li></ul>
  16. 16. SPAIN PORTUGAL VENEZUELA BRAZIL ARGENTINA CHILE PERU COLOMBIA MEXICO <ul><ul><li>Porto </li></ul></ul><ul><ul><li>Av. da Boavista, Nº3211 1ºandar, Escritório 2.1 </li></ul></ul><ul><ul><li>4100-137 Porto </li></ul></ul><ul><ul><li>Tel: 22 532 33 40 </li></ul></ul><ul><ul><li>Fax: 22 532 33 49 </li></ul></ul><ul><ul><li>E-mail: [email_address] </li></ul></ul><ul><ul><li>[email_address] </li></ul></ul>Obrigado!