Reference : Property and the Cloud
Scientific journals : Article
Law, criminology & political science : Civil law
Law, criminology & political science : European & international law
Law / European Law
Property and the Cloud
Bartolini, Cesare mailto [University of Luxembourg > Interdisciplinary Centre for Security, Reliability and Trust (SNT) >]
Santos, Cristiana [> >]
Ullrich, Carsten mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Computer Law Security Review
Yes (verified by ORBilu)
[en] Cloud computing ; Property ; Intellectual property ; Copyright ; Trade secret ; Patents ; Contractual terms ; Dispute resolution ; Data protection
[en] Data is a modern form of wealth in the digital world, and massive amounts of data circulate
in cloud environments. While this enormously facilitates the sharing of information,
both for personal and professional purposes, it also introduces some critical problems concerning the ownership of the information. Data is an intangible good that is stored in large
data warehouses, where the hardware architectures and software programs running the cloud
services coexist with the data of many users. This context calls for a twofold protection:
on one side, the cloud is made up of hardware and software that constitute the business
assets of the service provider (property of the cloud); on the other side, there is a definite
need to ensure that users retain control over their data (property in the cloud). The law grants protection to both sides under several perspectives, but the result is a complex mix of interwoven regimes, further complicated by the intrinsically international nature of cloud computing that clashes with the typical diversity of national laws. As the business model based on cloud computing grows, public bodies, and in particular the European Union, are striving to find solutions to properly regulate the future economy, either by introducing new laws, or by finding the best ways to apply existing principles.
Researchers ; Professionals ; Students ; Others

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