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

TY - ABST

T1 - A Global Cloud Computing Contractual Model For The Development of Cloud Brokerage Transformations

T2 - 12th ASLI Conference

AU - Corrales Compagnucci, Marcelo

PY - 2019/5/21

Y1 - 2019/5/21

N2 - 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

AB - 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

UR - https://law.nus.edu.sg/asli/12th_asli_conf/index.html?fbclid=IwAR0bif5c2rnrH-bjqZYutAnsjqTJCDVwLmwRjY0A4DfcW_SiXJ7_o5uzBK0

M3 - Conference abstract for conference

Y2 - 21 May 2015 through 22 May 2015

ER -