Cloud computing

1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
BY
LENY THOMAS KURAKAR

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
 The cloud provides computing as a service.
 Computing includes storing, processing,
applications, network, servers, and services
 The cloud is facilitated by an external server owned
by the Cloud Service Provider (CSP).
 They are networked to provide a centralized data
storage and online access to the computer services
or resources

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
NIST* Defines…
* National Institute of Standards and Technology
Cloud computing is a model for enabling:
 ubiquitous,
 convenient,
 on-demand network access to a
 shared pool of configurable computing
resources that can be
 rapidly provisioned and released with minimal
management effort or service provider
interaction.

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Visualization of NIST
definition:

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Essential characteristics of
the cloud
 On demand self- service: a consumer can provision
computing capabilities
Broad network access: capabilities are over the
network and accessed through standard mechanisms
 Resource pooling: providers computing resources as
pooled to serve multiple consumers using a multi- tenant
model
 Rapid elasticity: computing capabilities can be scaled
rapidly upward and inward commensurate with demand
 Measured service: resource use can be monitored,
controlled and optimized in a transparent way

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Models of clouds
SERVICE
MODELS
• SAAS
• PAAS
• IAAS
DEPLOYMENT
MODELS
• PUBLIC CLOUD
• PRIVATE CLOUD
• COMMUNITY
CLOUD
• HYBRID CLOUD

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Division of labor in SAAS,
PAAS and IAAS
https://www.aippi.org/download/seoul12/presentations/Pres_WS_IV_AN%C3%A9ri_181012.pdf

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
 Google- Cloud App Store
 Microsoft- Azure, Onedrive
 Rackspace- Openstack
 IBM- IBM Cloud
 Amazon- Elastic Cloud Compute (EC2)
 Oracle- Oracle Exalogic Elastic Cloud

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
A view of the cloud
The Cloud Computing Revelations of 2010,
http://cloudtimes.org/2010/12/18/the-cloud-computing-revelations-of-2010/

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
An e-Governance Bulletin from GUJARAT INFORMATICS LTD.

11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
IndIa enters the cloud
Meghraj
A GI Cloud Initiative
 Accelerate delivery of e- services
Optimize the ICT spending of the government
Optimum utilization of infrastructure
ICT services on demand in OPEX model
Main features:
Self service
portal
Multiple cloud
solutions
Secured VPN
access
Multi location
cloud

12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Darker side of the
cloud
 Confidential information can be
compromised
 Risk of inappropriate access to personal
and confidential information
 Lack of privacy and security of data.
 Uncertainty as to location of data
 Vendor lock- in and portability problems
 Loss of control of data
* GI cloud Strategic Direction Paper

13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Intellectual property in
the cloud
Intellectual property primarily relates to :
 Information, whether confidential or data,
expressions of ideas (protected primarily by
copyright),
 Signs and branding (protected by copyright and
trademarks), and
 The underlying structures of intellectual
ecommerce, whether hardware or software
(protected by copyright or patents).

14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
How does cloud computing threaten
intellectual property rights?
 The content in digital form can be disseminated
instantaneously, it can be rapidly copied by third parties, it is
difficult to monitor the cloud
 3rd party company could change their terms and conditions or
upgrade their hardwaresoftware without your permission or
knowledge. They can even change the privacy policy.
 The data is subjected to local laws that are outside control.
This could enable 3rd parties in other countries the to access
the data.
 Access to cloud storage data could be removed at any time
and this is also outside your control. This could result in your
account and any related data being deleted

15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Most probleMatic..
what constitutes infringement?
o Fragments of data are kept in different jurisdictions- the laws in all
these nations must be considered to decide infringement.
o Intellectual property protection is territorial.
So if a Canadian patent is used in US via the cloud, is there any
infringement at all…
o There is no definitive law to tackle divided infringement.
(Infringement may not be done by an individual entity. But by
different elements in the cloud providing system. The cloud is facilitated
by the hardware owners, service providers, and the cloud itself might be
the result of a sub contract among the parties. Hence in these cases
there arises the situation of divided infringement.)

16. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Infringement, liability, etc…
 Detection of infringement: The cloud data is stored and
processed in an ambiguous and fragmented manner. Hence it
would be difficult to trace the infringement. Reverse engineering is
unhelpful to understand the locus of infringement.
To fix liability on cloud service providers it is necessary to prove
infringement. The disclaimer clauses and the liability clauses in the
service contracts are usually drafted in such a manner so as to keep
liability risks at bay.
 Adding to to all these back up failure (cloud outages) and
 Hacking attempts

17. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Threats to trademark
Extensive infringement-
• A sign is visible in a country where a conflicting right exists
• Exclusive right in a trademark will have a worldwide effect
•will be available even in a country in which it was not intended to be used
• thus use of a sign in the computer will be susceptible to infringement claims
literally all over the world
Restrictive infringement-
 would require a link between the use of the sign on the internet and the country
in which the trademark requires protection
 the user have intended the effect in any of the countries
 the activity in the web be distinguished- advertising should
be treated differently from use for mail order/ delivery of digital goods or services
* WIPO document, SCT 2/9, paras 28 to 34 and 62 to 66

18. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Some cases:
2.Tiffany (NJ) Inc. v. eBay Inc (2010)
Tiffany alleged that the eBay users were using eBay resources to sell
counterfeit Tiffany products- court denied injunction as eBay did not have
any specific knowledge of the infringement.
1. Inwood Labs. Inc v. Ives Labs., Inc
A service provider is liable for contributory trademark infringement if one
of two conditions is met:
(a) the provider “intentionally induced another to infringe a trademark,”
or
(b) the provider continued to supply its services to a user who it knew
or had reason to know was infringing on trademarks.
3. Louis Vuitton Malletier, SA v. Akanoc Solutions, Inc., (2011)
Akanoc’s services included the rental of server space, IP addresses,
and bandwidth to foreign resellers of the same services, who then
resold the services to companies which sold counterfeit Vuitton items.
V was able to claim statutory damages from A

19. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Possible solutions:
 International consensus on the criteria to
determine the link between the use of a sign and
the trademark protection is required
 Disclaimers provide a flexible tool to
territorialize the use of sign and to avoid
infringement claims in particular territories where
there might be conflicting rights. But this is not a
pragmatic solution
* WIPO document, SCT 2/9, paras 37 and 66

20. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Copyright…
Copies of copyright protected material within cloud.. Is it infringement..?
E.g.: if you own software programs or music files, this is in general not
ownership per se, but rather a license to an individual copy. In accordance
with the law in many countries, it is possible for individuals to make copies of
music and film files for private use, as well as to a close circle of friends and
family.
When files are saved on cloud servers, is it still a private use?
What kind of distribution is permissible?
 The ways in which material may be spread and to how many.
 What responsibility does intermediaries have? (in this case- CSP)
Since copyright protected material is protected in certain countries but not
in others, this can lead to geographical limitations and uncertainty regarding
licensing rights.

21. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cases..
1.Penguin Group (USA) Inc v American Buddha (2010)
American Buddha maintained a website known as Ralph Nader Library. The
information available in the library website was stored in servers located in States of
Arizona and Oregon. As soon as Penguin found out about the library’s website and
that four of the plaintiffs printed works were available there, it filed a lawsuit against
American Buddha in New York, claiming that the uploading and making
available four books infringed Penguin’s copyright. American Buddha challenged the
jurisdiction of the New York court. The New York District court agreed with the
defendant indicating that the place of the injury was ‘where the books were
electronically copied’. i.e., where the servers were located (Arizona or
Oregon) and not in New York where the Plaintiff Penguin was located.

22. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Confusion in
liability..
2. Disney Enterprises, Inc. et al., v. Hotfile Corp., et al.,
(2011)
The Southern District of Florida dismissed direct
infringement claims brought by a group of movie studios
against Hotfile, an internet storage service, but refused
to dismiss claims for inducement, contributory and
vicarious liability.
3. Perfect 10, Inc. v. Megaupload Ltd., et al., (2011)
Southern District of California upheld direct
infringement claims against a file storage service but
denied claims for vicarious liability.

23. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Safe harbor
Section 512(a) of the Digital Millennium Copyright Act:
Allows an Internet service provider to provide connections for material
that is temporarily stored on its service with impunity, provided it meets
the following conditions:
oAn individual, other than the service provider, initiated or directed the
transmission of the material at issue;
oThe Internet service provider did not select the material being
transferred, routed, or stored, but instead the process is completed
automatically;
oAnother person, not the service provider, selects the recipient of the
material;
oThe material housed on the server is not available to individuals other
than the named recipient, nor is it available to the intended recipient for
an unreasonably long period of time; and
oThe Internet service provider does not alter or modify the material's
content

24. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
to conclude…
Some suggestions:
 Cloud Service Providers should have policies and
protocols regarding intellectual property protection
 A Global legal framework in the model of the UNCLOS
(UN Convention on the Law of the Sea) should be
formulated
 There must be international consensus on the means to
protect rights in the cloud
 There must be a cloud registration center on an
international basis to study the technical aspects of the cloud
and to demarcate its boundary.

25. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Thank u…