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Martin Senftleben, Breathing Space for Cloud-Based Business Models, 4 (2013) JIPITEC 87 para 1.
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%0 Journal Article %T Breathing Space for Cloud-Based Business Models %A Senftleben, Martin %J JIPITEC %D 2013 %V 4 %N 2 %@ 2190-3387 %F senftleben2013 %X Cloud-based services keep forming, changing and evaporating like clouds in the sky. They range from personal storage space for films and music to social media and user-generated content platforms. The copyright issues raised by these platforms seem as numerous as the liquid droplets and frozen crystals constituting clouds in the atmosphere of our planet. As providers of cloud-based services may seek to avoid dependence on creative industries and collecting societies, one of these questions concerns the breathing space that copyright law offers outside the realm of exclusive rights. Which limitations of protection can serve as a basis for the development of new business models? Which safe harbours may be invoked to avoid secondary liability for copyright infringement? Which obligations may result from injunctions sought by copyright owners? After outlining relevant cloud services (section 1) and identifying the competing interests involved (section 2), the inquiry will address these influence factors – limitations, safe harbours and injunctions (section 3). The analysis will yield the insight that the most effective protection of copyright in the cloud is likely to result from acceptance of a compromise solution that, instead of insisting on the power to prohibit unauthorised use, leaves room for the interests of users and the business models of platform providers (concluding section 4). %L 340 %K Cloud Computing %K Competition Law %K Economic Policy Concerns %K European Law %U http://nbn-resolving.de/urn:nbn:de:0009-29-37431 %P 87-103Download
Bibtex
@Article{senftleben2013,
author = "Senftleben, Martin",
title = "Breathing Space for Cloud-Based Business Models",
journal = "JIPITEC",
year = "2013",
volume = "4",
number = "2",
pages = "87--103",
keywords = "Cloud Computing; Competition Law; Economic Policy Concerns; European Law",
abstract = "Cloud-based services keep forming, changing and evaporating like clouds in the sky. They range from personal storage space for films and music to social media and user-generated content platforms. The copyright issues raised by these platforms seem as numerous as the liquid droplets and frozen crystals constituting clouds in the atmosphere of our planet. As providers of cloud-based services may seek to avoid dependence on creative industries and collecting societies, one of these questions concerns the breathing space that copyright law offers outside the realm of exclusive rights. Which limitations of protection can serve as a basis for the development of new business models? Which safe harbours may be invoked to avoid secondary liability for copyright infringement? Which obligations may result from injunctions sought by copyright owners? After outlining relevant cloud services (section 1) and identifying the competing interests involved (section 2), the inquiry will address these influence factors -- limitations, safe harbours and injunctions (section 3). The analysis will yield the insight that the most effective protection of copyright in the cloud is likely to result from acceptance of a compromise solution that, instead of insisting on the power to prohibit unauthorised use, leaves room for the interests of users and the business models of platform providers (concluding section 4).",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-37431"
}
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TY - JOUR AU - Senftleben, Martin PY - 2013 DA - 2013// TI - Breathing Space for Cloud-Based Business Models JO - JIPITEC SP - 87 EP - 103 VL - 4 IS - 2 KW - Cloud Computing KW - Competition Law KW - Economic Policy Concerns KW - European Law AB - Cloud-based services keep forming, changing and evaporating like clouds in the sky. They range from personal storage space for films and music to social media and user-generated content platforms. The copyright issues raised by these platforms seem as numerous as the liquid droplets and frozen crystals constituting clouds in the atmosphere of our planet. As providers of cloud-based services may seek to avoid dependence on creative industries and collecting societies, one of these questions concerns the breathing space that copyright law offers outside the realm of exclusive rights. Which limitations of protection can serve as a basis for the development of new business models? Which safe harbours may be invoked to avoid secondary liability for copyright infringement? Which obligations may result from injunctions sought by copyright owners? After outlining relevant cloud services (section 1) and identifying the competing interests involved (section 2), the inquiry will address these influence factors – limitations, safe harbours and injunctions (section 3). The analysis will yield the insight that the most effective protection of copyright in the cloud is likely to result from acceptance of a compromise solution that, instead of insisting on the power to prohibit unauthorised use, leaves room for the interests of users and the business models of platform providers (concluding section 4). SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-37431 ID - senftleben2013 ER -Download
Wordbib
<?xml version="1.0" encoding="UTF-8"?> <b:Sources SelectedStyle="" xmlns:b="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" xmlns="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" > <b:Source> <b:Tag>senftleben2013</b:Tag> <b:SourceType>ArticleInAPeriodical</b:SourceType> <b:Year>2013</b:Year> <b:PeriodicalTitle>JIPITEC</b:PeriodicalTitle> <b:Volume>4</b:Volume> <b:Issue>2</b:Issue> <b:Url>http://nbn-resolving.de/urn:nbn:de:0009-29-37431</b:Url> <b:Pages>87-103</b:Pages> <b:Author> <b:Author><b:NameList> <b:Person><b:Last>Senftleben</b:Last><b:First>Martin</b:First></b:Person> </b:NameList></b:Author> </b:Author> <b:Title>Breathing Space for Cloud-Based Business Models</b:Title> <b:Comments>Cloud-based services keep forming, changing and evaporating like clouds in the sky. They range from personal storage space for films and music to social media and user-generated content platforms. The copyright issues raised by these platforms seem as numerous as the liquid droplets and frozen crystals constituting clouds in the atmosphere of our planet. As providers of cloud-based services may seek to avoid dependence on creative industries and collecting societies, one of these questions concerns the breathing space that copyright law offers outside the realm of exclusive rights. Which limitations of protection can serve as a basis for the development of new business models? Which safe harbours may be invoked to avoid secondary liability for copyright infringement? Which obligations may result from injunctions sought by copyright owners? After outlining relevant cloud services (section 1) and identifying the competing interests involved (section 2), the inquiry will address these influence factors – limitations, safe harbours and injunctions (section 3). The analysis will yield the insight that the most effective protection of copyright in the cloud is likely to result from acceptance of a compromise solution that, instead of insisting on the power to prohibit unauthorised use, leaves room for the interests of users and the business models of platform providers (concluding section 4).</b:Comments> </b:Source> </b:Sources>Download
ISI
PT Journal AU Senftleben, M TI Breathing Space for Cloud-Based Business Models SO JIPITEC PY 2013 BP 87 EP 103 VL 4 IS 2 DE Cloud Computing; Competition Law; Economic Policy Concerns; European Law AB Cloud-based services keep forming, changing and evaporating like clouds in the sky. They range from personal storage space for films and music to social media and user-generated content platforms. The copyright issues raised by these platforms seem as numerous as the liquid droplets and frozen crystals constituting clouds in the atmosphere of our planet. As providers of cloud-based services may seek to avoid dependence on creative industries and collecting societies, one of these questions concerns the breathing space that copyright law offers outside the realm of exclusive rights. Which limitations of protection can serve as a basis for the development of new business models? Which safe harbours may be invoked to avoid secondary liability for copyright infringement? Which obligations may result from injunctions sought by copyright owners? After outlining relevant cloud services (section 1) and identifying the competing interests involved (section 2), the inquiry will address these influence factors – limitations, safe harbours and injunctions (section 3). The analysis will yield the insight that the most effective protection of copyright in the cloud is likely to result from acceptance of a compromise solution that, instead of insisting on the power to prohibit unauthorised use, leaves room for the interests of users and the business models of platform providers (concluding section 4). ERDownload
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<abstract>Cloud-based services keep forming, changing and evaporating like clouds in the sky. They range from personal storage space for films and music to social media and user-generated content platforms. The copyright issues raised by these platforms seem as numerous as the liquid droplets and frozen crystals constituting clouds in the atmosphere of our planet. As providers of cloud-based services may seek to avoid dependence on creative industries and collecting societies, one of these questions concerns the breathing space that copyright law offers outside the realm of exclusive rights. Which limitations of protection can serve as a basis for the development of new business models? Which safe harbours may be invoked to avoid secondary liability for copyright infringement? Which obligations may result from injunctions sought by copyright owners? After outlining relevant cloud services (section 1) and identifying the competing interests involved (section 2), the inquiry will address these influence factors – limitations, safe harbours and injunctions (section 3). The analysis will yield the insight that the most effective protection of copyright in the cloud is likely to result from acceptance of a compromise solution that, instead of insisting on the power to prohibit unauthorised use, leaves room for the interests of users and the business models of platform providers (concluding section 4).</abstract>
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 4 (2013) 2 |
|---|---|
| Title |
Breathing Space for Cloud-Based Business Models (eng) |
| Author | Martin Senftleben |
| Language | eng |
| Abstract | Cloud-based services keep forming, changing and evaporating like clouds in the sky. They range from personal storage space for films and music to social media and user-generated content platforms. The copyright issues raised by these platforms seem as numerous as the liquid droplets and frozen crystals constituting clouds in the atmosphere of our planet. As providers of cloud-based services may seek to avoid dependence on creative industries and collecting societies, one of these questions concerns the breathing space that copyright law offers outside the realm of exclusive rights. Which limitations of protection can serve as a basis for the development of new business models? Which safe harbours may be invoked to avoid secondary liability for copyright infringement? Which obligations may result from injunctions sought by copyright owners? After outlining relevant cloud services (section 1) and identifying the competing interests involved (section 2), the inquiry will address these influence factors – limitations, safe harbours and injunctions (section 3). The analysis will yield the insight that the most effective protection of copyright in the cloud is likely to result from acceptance of a compromise solution that, instead of insisting on the power to prohibit unauthorised use, leaves room for the interests of users and the business models of platform providers (concluding section 4). |
| Subject | Cloud Computing, Competition Law, Economic Policy Concerns, European Law |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-37431 |
