Cloudy with a Chance of Storms

Copyright and Confidentiality for SaaS and Remote Computing

Chris Gatewood@gatewood5000

www.thresholdcounsel.com

GRIPLASeptember

2011

To the Cloud!

• In particular:– SaaS– Storage and sharing

• Ease of use• Scalability• Internal savings

1: CopyrightChance of Storms

1. Copyright

2. Confidentiality

1: Copyright• Storage, sharing

• Sharepoint, Dropbox, Box.net

• “lets you bring your photos, docs, and videos anywhere and share them easily”

• “secure, easy way for businesses to manage content, share large files and collaborate online from anywhere”

Copyright Concerns

1: Copyright

P2P all over again?

Copyright Concerns

1: Copyright• Infringement and inducement

• Grokster part two

• intended to encourage infringement because:

1. aware of substantial infringement;

2. efforts to attract infringing users;

3. enabled and assisted users to commit infringement;

4. business based on infringement; and

5. failure to mitigate infringing activities

RIAA v. LimeWire, 2010-2011

1: Copyright• “Move along, nothing to see here”

• RIAA sent a subpoena to Box.net for identity of users

• 17 U.S.C. § 512, safe harbor under DMCA for ISPs

• An ISP subpoena, like many torrent-type cases

• Box.net is not a target, simply like a Verizon or Comcast

RIAA v. Box.net, 2011

1: CopyrightWhat to watch

• Any new hub for entertainment content

• How presented, how used

• Benefits of the Grokster and LimeWire lessons

Cloud Storage

1: Copyright• Business need

• Existing product or build to Specification

• Delivery

• Installation

Traditional Licensing: Software

1: Copyright• Business need

• Existing service

• Maybe customized

• Access

Subscriptions: Software as a Service

1: Copyright• Product: License

• Copyright and code

• Service: Subscription

• SLAs

• Essentially a utility

• Remedies

Different Agreements

1: Copyright• Risk management

• Examine needs and options

• Not everything should go to the cloud

Confidentiality

1: Copyright• Security

• Kick the tires, lift the hood

• Fight for real remedies

• Crossed wires• Look hard at

infrastructure

Confidentiality Concerns

1: Copyright

• Contract Terms• Security

• DIY backup

• Data ownership and portability

Confidentiality Concerns

1: Copyright

• Cloud is useful, here to stay

• Not a match for everything

• Keep some geeks

• Choose carefully where it makes sense

• Shop for security

• Beware platform lock-in

Suggestions