32
taken by organisations seeking to outsource operations to the cloud, particularly where one of the motivations is that the cloud is a safe way to
back up data.
2.4.5 Variation in Terms
As referenced earlier, CSPs typically reserve the right to change contract
terms and policies unilaterally. Such variation may be communicated by
reference to an updated version of the TOS, the AUP, the SLA and the
privacy policy on the CSP’s website. This is particularly the case in consumer and free cloud services and can result in changes to the specific
services being consumed or the service levels (Michels et al. 2019;
Kamarinou et al. 2015; Hon et al. 2012; Bradshaw et al. 2011). In many
of these cases, the only option for clients and end users is to take it or leave
it. Clients may or may not be notified of changes.
2.4.6
Intellectual Property
A number of issues arise in relation to intellectual property (IP) rights that
should be addressed in cloud computing contracts. Spulber (2018) posits
that current contracts based on tangible services are not suitable for modern technological paradigms, such as cloud computing, as they neither
fully recognise the complete spectrum of IP, exclusion of access, and transferability of non-rivalrous intangible assets, nor do they address problems
that arise from intentional or unintentional cooperative contribution to
the creation of intangible assets. Cloud computing raises significant issues
in relation to the four main categories of IP, namely—trade secrets, patents, trademarks and copyright.
The complexity of the chain of service provision in cloud computing
complicates IP management. In addition to the primary client outsourcing systems to the CSP, a wider number of stakeholders may be involved
in the transport, processing and storage of data, many of which may not
be privy to the initial agreement with the client. Excluding access to this
data while meeting SLAs may not be feasible. This may result in inadvertent disclosure of trade secrets and confidential information generally and
result in civil and criminal liabilities. In the case of patents, the distribution
of confidential information relating to a proposed invention may constitute a form of public knowledge of prior art and can invalidate a patent.
Given the opaqueness of the chain of service provision in cloud
T. LYNN
taken by organisations seeking to outsource operations to the cloud, particularly where one of the motivations is that the cloud is a safe way to
back up data.
2.4.5 Variation in Terms
As referenced earlier, CSPs typically reserve the right to change contract
terms and policies unilaterally. Such variation may be communicated by
reference to an updated version of the TOS, the AUP, the SLA and the
privacy policy on the CSP’s website. This is particularly the case in consumer and free cloud services and can result in changes to the specific
services being consumed or the service levels (Michels et al. 2019;
Kamarinou et al. 2015; Hon et al. 2012; Bradshaw et al. 2011). In many
of these cases, the only option for clients and end users is to take it or leave
it. Clients may or may not be notified of changes.
2.4.6
Intellectual Property
A number of issues arise in relation to intellectual property (IP) rights that
should be addressed in cloud computing contracts. Spulber (2018) posits
that current contracts based on tangible services are not suitable for modern technological paradigms, such as cloud computing, as they neither
fully recognise the complete spectrum of IP, exclusion of access, and transferability of non-rivalrous intangible assets, nor do they address problems
that arise from intentional or unintentional cooperative contribution to
the creation of intangible assets. Cloud computing raises significant issues
in relation to the four main categories of IP, namely—trade secrets, patents, trademarks and copyright.
The complexity of the chain of service provision in cloud computing
complicates IP management. In addition to the primary client outsourcing systems to the CSP, a wider number of stakeholders may be involved
in the transport, processing and storage of data, many of which may not
be privy to the initial agreement with the client. Excluding access to this
data while meeting SLAs may not be feasible. This may result in inadvertent disclosure of trade secrets and confidential information generally and
result in civil and criminal liabilities. In the case of patents, the distribution
of confidential information relating to a proposed invention may constitute a form of public knowledge of prior art and can invalidate a patent.
Given the opaqueness of the chain of service provision in cloud
T. LYNN