A Global Cloud Computing Contractual Model For The Development of Cloud Brokerage Transformations: Unlocking Database Rights in the EU and South Korea

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An important new development is the emergence of the cloud computing market. However, the uncertainties surrounding the failure of cloud service providers to clearly assert Intellectual Property Rights (IPR) during cloud computing transactions have been perceived as imposing transaction costs and slowing down the cloud market to thrive. ‘Click-through’ agreements drafted on a ‘take or leave it’ basis govern the current state of the art that does not allow much room for negotiations. The novel contribution of this work posits an eclectic solution and proffers a new contractual model advocating for the extension of the negotiation capabilities of cloud customers, through an automated and machine-readable framework, orchestrated by a Cloud Service Brokerage (CSB). Cloud computing is constantly evolving and transforming into new paradigms where the CSB is forecasted to play a vital role as an intermediary adding extra value to the entire life cycle. This paper situates the theories of law and economics in the context of cloud computing and takes database rights as a canonical example to represent the problem of outsourcing data and databases to different legal jurisdictions highlighting the legal constraints concerning the European Database Directive and the protection of Databases under Art. 91 et seq. of the Copyright Act of South Korea. By allowing the CSB to establish itself in the market as an entity coordinating and actively engaging in the negotiation of SLA, individual customers and Small and Medium-sized Enterprises (SMEs) could efficiently and effortlessly choose a cloud provider that best suits their needs. This can yield radical new results for the development of the cloud computing market
Original languageEnglish
Publication date21 May 2015
Publication statusPublished - 21 May 2015
Event12th ASLI Conference: Law 2.0: New Challenges in Asia - National Taiwan University (NTU), Taipei, Taiwan, Province of China
Duration: 21 May 201522 May 2015

Conference

Conference12th ASLI Conference
LocationNational Taiwan University (NTU)
CountryTaiwan, Province of China
CityTaipei
Period21/05/201522/05/2015

ID: 228579781