Cloud Computing and Copyright: New Challenges in Legal Protection? - Challenges of Information Management Beyond the Cloud - page 56

copyright scope in order to determine liability for copyright infringement and
effectiveness of current law in this field.

a) Private cloud. This cloud infrastructure is provisioned for exclusive use

by a single organization comprising multiple consumers (e.g., business
units). It may be owned, managed, and operated by the organization, a
third party, or some combination of them, and it may exist on or off the
premises.

b) Community cloud. This cloud infrastructure is provisioned for exclusive

use by a specific community of consumers from organizations that have
shared concerns (e.g., mission, security requirements, policy, and
compliance considerations). It may be owned, managed, and operated by
one or more of the organizations in the community, a third party, or
some combination of them, and it may exist on or off the premises.

c) Public cloud. This cloud infrastructure is provisioned for open use by

the general public. It may be owned, managed, and operated by a
business, academic, or government organization, or some combination
of them. It exists on the premises of the cloud provider.

d) Hybrid cloud. This cloud infrastructure is a composition of two or more

distinct cloud infrastructures (private, community, or public) that remain
unique entities, but are bound together by standardized or proprietary
technology that enables data and application portability (e.g., cloud
bursting for load balancing between clouds)

2.3 Legal Issues

The main legal issues in cloud computing are regarding copyright infringement
liability, data protection, data portability, intellectual property, applicable law, and
issues relating to cloud computing agreements. Following the main objective of this
paper, we address the implications of cloud computing in copyrighted works, in order
to determine the liability of cloud computing service providers for copyright
infringement.

3 The Impact of New Technologies on Copyright Protection

3.1 The Sony Doctrine

New technologies have made an impact on copyright protection in different ways.
One of the most renowned cases related to this matter is Sony Corp. of America v.
Universal City Studio, also known as the “Betamax Case”. This was the first time the
Supreme Court analyzed the indirect liability of a new technology company in
copyright infringement. In this case, the Court determined that even though some