Who owns the resources in an integrated environment with cloud access?
Determining the ownership – methodical instruction for the users
Definitions of terms used:
Cloud technology: Data processing technologies in which computer resources are accessible via Internet connectivity as an online user service
Cloud access: the ability to view and edit accessible information simultaneously from different devices to different users from anywhere in the world
Intellectual property: exclusive rights to intellectual works involving two categories of rights: industrial property, which includes inventions (patents), trademarks, industrial designs and models and appellations of origin, and copyright, which covers works of art and literature.
Computing resources: devices performing calculations
Software resources: software products, incl. operating systems and compilers
Computer programs: a set of instructions
Virtualization: the use of computer resources to simulate (and thus replace) real hardware, operating systems, platforms, machines.
Container: lightweight software that provides operating system virtualization to run applications and dependencies in resource-isolated processes
Open access repositories: a digital platform that stores research results and provides free, immediate and permanent access to research results so that anyone can use, download and distribute them.
The integration of heterogeneous technologies creates problems that are solved through the use of templates for the implementation of various projects. These templates represent an intermediate level between the application and system layers and are naturally called “Middleware”. Middleware is software that provides common services and application capabilities beyond what the operating system offers. Data management, application services, messaging, authentication, and API management are typically handled by the middleware. Intermediate software helps developers create applications more efficiently. It acts as a connective tissue between applications, data and users.
For organizations with multi-cloud and container environments, middleware can make it cost-effective to develop and run applications that are scalable. Modern trends are to abstract from the specific features of the hardware. Modern systems are expected to integrate various aspects of mobility, providing services anywhere and anytime. These characteristics apply to “cloud” computing, as well as to the Internet in general, as a distributed system in which incompatible technologies interact. “Cloud” environments rely mainly on virtualization, but in any case the details remain hidden in the cloud, and the main goal is to ensure convenient access to resources while maintaining the requirements for reliability and security.
Cloud ownership – the role of contracts
Remove the cloud’s ethereal nickname, and the reality where data is physically stored (collected with various detectors, sensors, communications from / to mobile devices, or calculations with simulation software) can be quite disturbing to many. The cloud is simply a collection of servers housed in massive complexes filling acres and owned by some of the world’s largest corporations. This essentially means that the data is on computers that we do not have physical access to.
Microsoft, Amazon and Apple have invested huge amounts of money in creating data repositories, including personal ones, collected through electronic platforms. The end result is a service that is convenient, portable, and reduces the need for new investment in expensive hardware in consumers’ laboratories (and / or homes). This valuable collection of photos, graphics, important scientific results is suddenly available on all your devices, no matter where you are. But since this data is often highly confidential, a simple question arises: who owns the data?
As far as cloud data is concerned, the contract between the storage service company and the customer is paramount. A clear distinction must be made between the provider’s right to store and process the data and the property retained by the customer.
Three examples that set the right property retention contracts:
Office 365: “You own your data and retain all rights, title and interest in the data you store with Office 365. You may download a copy of all your data at any time and for any reason without any assistance from Microsoft. ”
Amazon Web Services (AWS): “Except for the rights and interests expressly set forth in this Agreement, and excluding Amazon Properties and works derived from Amazon Properties, you retain all rights, title and interest (including all rights to intellectual property and ownership) in and to your content. ”
Google: “Some of our Services allow you to upload, send, store, send or receive content. You retain ownership of all intellectual property rights in this content. In short, what belongs to you remains yours. ”
The word ‘yours’ must be used judiciously in such contracts and a tone that puts the provider strictly in the role of authorizing storage and access to data – nothing more. This new negotiation policy is an attempt to move to a fairer and more transparent agreement, because the situation with intellectual property is bad and deteriorating. To be a programmer, you need to understand both the laws (legal) and technology (programming).
How to keep ownership of data in the cloud
Whether you use a cloud hosting service for personal or business use, there are a few key things you can do to make sure you retain ownership:
– Read each term and condition from the supplier to make sure they follow the examples given above.
- If you are a business and are considering storing highly confidential information in the cloud, it is advisable to consult a lawyer before choosing a partner to make sure that the legal framework around data storage is clear.
Never stop backing up locally. Your stuff may be in the cloud, but if the provider doesn’t work, you can lose everything if you don’t have a local copy.
Make sure the cloud partner you choose fully encrypts your data and uses end-to-end encryption when transmitting it.
Check the location where your data will be stored. If you are in a foreign country, make sure that their data provisions match yours.
Does cloud storage change ownership of digital information?
If you create something digital, you automatically get ownership of it in all countries of the European Union, . But what if this data is stored in the cloud? Can his ownership be changed and become the property of the hosting provider instead?
The EU has long been campaigning to clear up this common source of confusion and on 25 May 2018 introduced a new directive setting out new rules to help citizens maintain control over their personal data. In short, if you created the data, you are the rightful owner, no matter where it is stored.
You own your personal data (including the calculation codes developed by you, process management).
The institution you work for owns the data it has provided for analysis.
Each cloud storage service provider must clearly state in its terms and conditions that this is the case and if there is ever any doubt or ambiguity, alternatives must be found or legal assistance sought.
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