Tuesday, December 07, 2010

The cloud, copyright, hosting and the law

Does it really matter where your data is held?

When Mr Justice Floyd decided the other week that copyright infringement happens in the country the material in question is hosted in, it was tempting to think that he might have opened up a huge legal loophole.

After all, with Cloud computing allowing content to be hosted anywhere in the world, wouldn’t this give free rein to anyone who wanted to put bootleg movies online without fear of being sued?

Well, no. What His Lordship ruled upon was a rather more subtle and limited issue and it’s true to say that his decision strictly only affects one case. But it could still influence other decisions as the law grapples with the consequences of being able to easily put material online in far-off countries, and I’d argue that although Mr Justice Floyd was on the right general lines, he could have gone further in interpreting the law so as to avoid possible future confusion in such cases.

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Source: computerworlduk.com
By: Simon Bradshaw

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