When utilising cloud computing services for data storage and processing there are many issues to consider that might offset the benefits of this off-site approach to one’s computing resources, not least confidentiality, privacy, and security. However, there is another consideration – copyright. Might there be ways in which the cloud provider might somehow stake a claim on your data and undermine the normal copyright consideration rules?
A team in the USA writing in the International Journal of Forensic Engineering and Management discusses the legal issues surrounding cloud copyright.
Dennis B. Park, Xiaolong Li, and A. Mehran Shahhosseini of the College of Technology at Indiana State University, in Terre Haute, Indiana, and Li-Shiang Tsay of the College of Science and Technology at North Carolina A&T State University, in Greensboro, North Carolina, muse on the idea that someone utilising a third-party file server might somehow succumb to a copyright grab by that third part if the terms of service are not sufficiently well define to protect the user from such interference.
The team first points out that cloud computing – whether for data storage, data processing, or both offers many advantages to users. It delocalises the burden of computing resources, which is otherwise generally not possible except for users with multiple sites. It allows them to offload many of the information technology demands on to the provider. In addition, hardware and software costs can be reduced enormously as well as precluding the need for the endless update cycles faced by companies and individuals purchasing and running their own systems.
However, as mentioned, there are also several cons that have to be weighed up against all of the pros. Data breaches at a cloud provider are perhaps the most obvious of the problems a user might face. But, there are more insidious ways in which a user’s data might be compromised without a malicious third party being involved – data and copyright assimilation by the cloud provider itself. The team’s assessment of the state-of-the-art and the multifarious legal issues that surround data and the use of cloud services leads them to advise putative users to ensure they read and understand any service agreements they make with such providers in minute detail to ensure that the cloud provider gains no rights over any of the user’s copyright materials that might be uploaded to the cloud servers or data that emerges from the use of processes at a cloud service.
Park, D.B., Li, X., Shahhosseini, A.M. and Tsay, L-S. (2021) ‘Data ownership in cloud: legal issues’, Int. J. Forensic Engineering and Management, Vol. 1, No. 2, pp.125–148.
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