Cloud Computing and Copyright: New Challenges in Legal Protection? - Challenges of Information Management Beyond the Cloud - page 54

Cloud Computing and Copyright: New Challenges
in Legal Protection?

Mariliana Rico

Universidad Católica del Táchira, Calle 14 con Carrera 14, Edif. UCAT, San Cristóbal,
Táchira, Venezuela
[e-mail]

Abstract. This paper addresses the implications of cloud computing in
copyrighted works under the USA Copyright Act provisions and court rulings,
in order to determine the liability of cloud computing Service Providers for
copyright infringement, and whether the current Law is able to address
copyright issues in the cloud. To fulfill the main objective, and to understand
legal implications, cloud computing technology and services are analyzed in the
first part. The second part explores copyright legal protection and ISP liability
for copyright infringement, and the different court rulings on liability related to
copyright infringements on the Internet and in the cloud. The research is
concluded with some considerations about the adequacy of current law to
resolve copyright issues arising from cloud computing.

Keywords: Cloud computing, copyright, internet service providers, liability.

1 Introduction

Cloud computing services represent a new reality in the information society which
has some implications for intellectual property, most of all in copyrighted works. The
growth of cloud computing technology allows Internet users to access and store all
manner of content, some of it copyrighted, in cloud/hosting servers located in various
places, including internationally. Some of this content may be copyrighted.
The main concern with cloud computing services with regard to copyright is
whether the law is able to address copyright issues arising from this technology. Once
again, liability of Internet Services Providers (ISP) has been under examination by
different courts in the USA, after legal actions seeking for liability of ISPs as
contributors to copyright infringement.
This work will address the implications of cloud computing in copyrighted works
under the Digital Millennium Copyright Act and USA court rulings, in order to
determine a possible secondary liability of cloud computing service providers in
copyright infringement, and whether the current law is able to address copyright
issues in the cloud. Part I describes cloud computing technology and services. Part II
explores copyright legal protection and ISP liability for copyright infringement. Part
III analyzes the different court rulings addressing liability related to copyright