Two of the most important developments of this new century are the emergence of cloud computing and big data. However, the uncertainties surrounding the failure of cloud service providers to clearly assert ownership rights over data and databases during cloud computing transactions and big data services have been perceived as imposing legal risks and transaction costs. This lack of clear ownership rights is also seen as slowing down the capacity of the Internet market to thrive. Click-through agreements drafted on a take-it-or-leave-it basis govern the current state of the art, and they do not allow much room for negotiation. The novel contribution of this book proffers a new contractual model advocating the extension of the negotiation capabilities of cloud customers, thus enabling an automated and machine-readable framework, orchestrated by a cloud broker. Cloud computing and big data are constantly evolving and transforming into new paradigms where cloud brokers are predicted to play a vital role as innovation intermediaries adding extra value to the entire life cycle. This evolution will alleviate the legal uncertainties in society by means of embedding legal requirements in the user interface and related computer systems or its code. This book situates the theories of law and economics and behavioral law and economics in the context of cloud computing and takes database rights and ownership rights of data as prime examples to represent the problem of collecting, outsourcing, and sharing data and databases on a global scale. It does this by highlighting the legal constraints concerning ownership rights of data and databases and proposes finding a solution outside the boundaries and limitations of the law. By allowing cloud brokers to establish themselves in the market as entities coordinating and actively engaging in the negotiation of service-level agreements (SLAs), individual customers as well as small and medium-sized enterprises could efficiently and effortlessly choose a cloud provider that best suits their needs. This approach, which the author calls “plan-like architectures,” endeavors to create a more trustworthy cloud computing environment and to yield radical new results for the development of the cloud computing and big data markets.

The Tech Contracts Handbook is a practical and accessible reference book and training manual on IT contracts. This is a clause-by-clause "how to" guide on software licenses and technology services agreements, covering the issues at stake and offering negotiation tips and sample contract language.This handbook is written for both lawyers and businesspeople, including contract managers, procurement officers, corporate counsel, salespeople, and anyone else responsible for getting IT deals done. Perhaps most important, this book uses simple English, as any good contract should.Topics covered include: ·Software as a service (SaaS) and cloud computing agreements ·Warranties ·Indemnities ·Open source software ·Service level agreements ·Nondisclosure agreements ·Limitations of liability ·Internet and e-commerce contracts·Software escrow ·Data security ·Copyright licensing ·And much more

In this book readers will find technological discussions on the existing and emerging technologies across the different stages of the big data value chain. They will learn about legal aspects of big data, the social impact, and about education needs and requirements. And they will discover the business perspective and how big data technology can be exploited to deliver value within different sectors of the economy. The book is structured in four parts: Part I “The Big Data Opportunity” explores the value potential of big data with a particular focus on the European context. It also describes the legal, business and social dimensions that need to be addressed, and briefly introduces the European Commission’s BIG project. Part II “The Big Data Value Chain” details the complete big data lifecycle from a technical point of view, ranging from data acquisition, analysis, curation and storage, to data usage and exploitation. Next, Part III “Usage and Exploitation of Big Data” illustrates the value creation possibilities of big data applications in various sectors, including industry, healthcare, finance, energy, media and public services. Finally, Part IV “A Roadmap for Big Data Research” identifies and prioritizes the cross-sectorial requirements for big data research, and outlines the most urgent and challenging technological, economic, political and societal issues for big data in Europe. This compendium summarizes more than two years of work performed by a leading group of major European research centers and industries in the context of the BIG project. It brings together research findings, forecasts and estimates related to this challenging technological context that is becoming the major axis of the new digitally transformed business environment.

This edited collection brings together a series of interdisciplinary contributions in the field of Information Technology Law. The topics addressed in this book cover a wide range of theoretical and practical legal issues that have been created by cutting-edge Internet technologies, primarily Big Data, the Internet of Things, and Cloud computing. Consideration is also given to more recent technological breakthroughs that are now used to assist, and — at times — substitute for, human work, such as automation, robots, sensors, and algorithms. The chapters presented in this edition address these issues from the perspective of different legal backgrounds. The first part of the book discusses some of the shortcomings that have prompted legislators to carry out reforms with regard to privacy, data protection, and data security. Notably, some of the complexities and salient points with regard to the new European General Data Protection Regulation (EU GDPR) and the new amendments to the Japan’s Personal Information Protection Act (PIPA) have been scrutinized. The second part looks at the vital role of Internet intermediaries (or brokers) for the proper functioning of the globalized electronic market and innovation technologies in general. The third part examines an electronic approach to evidence with an evaluation of how these technologies affect civil and criminal investigations. The authors also explore issues that have emerged in e-commerce, such as Bitcoin and its blockchain network effects. The book aims to explain, systemize and solve some of the lingering legal questions created by the disruptive technological change that characterizes the early twenty-first century.

Big data is currently one of the most critical emerging technologies. Organizations around the world are looking to exploit the explosive growth of data to unlock previously hidden insights in the hope of creating new revenue streams, gaining operational efficiencies, and obtaining greater understanding of customer needs. It is important to think of big data and analytics together. Big data is the term used to describe the recent explosion of different types of data from disparate sources. Analytics is about examining data to derive interesting and relevant trends and patterns, which can be used to inform decisions, optimize processes, and even drive new business models. With today's deluge of data comes the problems of processing that data, obtaining the correct skills to manage and analyze that data, and establishing rules to govern the data's use and distribution. The big data technology stack is ever growing and sometimes confusing, even more so when we add the complexities of setting up big data environments with large up-front investments. Cloud computing seems to be a perfect vehicle for hosting big data workloads. However, working on big data in the cloud brings its own challenge of reconciling two contradictory design principles. Cloud computing is based on the concepts of consolidation and resource pooling, but big data systems (such as Hadoop) are built on the shared nothing principle, where each node is independent and self-sufficient. A solution architecture that can allow these mutually exclusive principles to coexist is required to truly exploit the elasticity and ease-of-use of cloud computing for big data environments. This IBM® RedpaperTM publication is aimed at chief architects, line-of-business executives, and CIOs to provide an understanding of the cloud-related challenges they face and give prescriptive guidance for how to realize the benefits of big data solutions quickly and cost-effectively.

Governing Intellectual Property Rights Within Publicly Funded Biobanks R. Neethu The boom in biobanks and health databases as research infrastructures have evoked various legal and ethical debates. Since then numerous new developments have emerged such as digitalization, big-data research and artificial intelligence which has important implications for biobank-based research and collaborations. This new paradigm offers new legal challenges for commercial involvement particularly within a publicly funded setting. In this innovative book, the author shows that securing maximum social benefit out of the knowledge emanating from the use of biobank resources lies in managing intellectual property inputs and outputs effectively in keeping with the values core to such research. Focusing on the challenges of involving intellectual property rights (IPRs) particularly in the precompetitive phase of biobank-based research, the book offers an extensive understanding of the role of different IPRs and identifies the gaps in the law and its implications for biobanks. The analysis covers important aspects in relation to biobanks such as: Digital integration and biomedical data storage; Ownership of biological samples; Commercialization and benefit sharing; Partnership models; Public sector research; Disposition of samples; Consent; Cross-border exchange; Trade secrecy; Privacy; Regulatory stewardship; Business strategies; Ethical considerations over biological resources; Patenting of inventions relating to personalized medicine; Ethical parameters within patent law; and Rights regarding genetic data and databases. The book includes observations, case studies and interviews conducted by the author. In conclusion, the author offers cogent recommendations for legal interoperability of IP rules and research practices designed to enhance the ability of biobanks to share, access and reuse data. This book is the first of its kind to explore the organizational and legislative choices for biobanks particularly while engaging in the protection of research results and technology transfer within a publicly funded setting. It will be of substantial interest to all stakeholders in biobanking, especially policymakers, biobankers and researchers working in the field of health law as well as for legal practitioners, academics and patient interest groups.

This comprehensive textbook/reference presents a focused review of the state of the art in privacy research, encompassing a range of diverse topics. The first book of its kind designed specifically to cater to courses on privacy, this authoritative volume provides technical, legal, and ethical perspectives on privacy issues from a global selection of renowned experts. Features: examines privacy issues relating to databases, P2P networks, big data technologies, social networks, and digital information networks; describes the challenges of addressing privacy concerns in various areas; reviews topics of privacy in electronic health systems, smart grid technology, vehicular ad-hoc networks, mobile devices, location-based systems, and crowdsourcing platforms; investigates approaches for protecting privacy in cloud applications; discusses the regulation of personal information disclosure and the privacy of individuals; presents the tools and the evidence to better understand consumers’ privacy behaviors.