Click Here to Cloud: End User Issues in Cloud Computing Terms of Service Agreements - Challenges of Information Management Beyond the Cloud - page 92

Click Here to Cloud: End User Issues in Cloud
Computing Terms of Service Agreements

Tomas A. Lipinski

School of Library and Information Science, Kent State University,
314 Library, 1125 Risman Drive,
Kent, Ohio 44242-001
[e-mail]

Abstract. Four Terms of Service (TOS) agreements offered by commercial
providers of cloud computing services are reviewed in order to identify those
provisions that are problematic from the perspective of the end user. The
following services were reviewed: iCloud, OpenDrive, Dropbox and Amazon
Cloud Drive. The legality of the mass-market licenses is assessed. Specific
provisions are reviewed with the goal of understanding the consequences on the
user/consumer of cloud computing services; particularly those provisions that
may result in unintended or detrimental consequences for users/consumers are
identified. The effect of the law of contract (license) is contrasted with the law
of copyright. Recommendations are made throughout the discussion to improve
TOS provisions for the end user. Developments in the law of contract are
surveyed to determine the enforceability of specific provisions as well as the
potential avenues of challenge to problematic clauses discussing whether such
clauses might be unconscionable.

Keywords: Contract law, copyright law, license terms and conditions,
unintended consequences, public policy, unconscionability.

1 Introduction

Cloud computing services agreements are governed by contract law as the cloud
computing service is licensed to the user. A license is simply a form of legal
permission. The consequences for cloud computing users are significant. These
agreements are often referred to as Terms of Service (TOS) or End User Licensing
Agreements (EULAs). Through these agreements the user is obtaining permission to
access and use “the cloud.” The user is not obtaining a physical object such as a book,
rather is acquiring use of a service. Unlike a purchase, where the buyer may come to
own the product such as DVD, licensees do not possess ownership rights in the cloud
service nor is such service perpetual. As there is no transfer of a physical item, the
license of cloud services means that contract law governs the acquisition of the
service and its subsequent use. Using contract law allows a service provider to ignore
in a sense the default of rules of copyright that would otherwise apply to the use of
content protected by copyright such as literary works (a book or a computer program)