Copyright

CopyrightWhat does it protect?Copyright is an intangible incorporeal right to certain literary, scholarly, scientific and artistic productions granted by statute to the author or creator of the work, and giving him, his heirs and assigns copyright or economic rights, which shall consist of the exclusive right to carry out, authorize or prevent the following acts:

a) Reproduction of the work or substantial portion of the work; b) Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work;

c) The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership;

d) Rental of the original or a copy of an audiovisual or cinematographic work, a work embodied in a sound recording, a computer program, a compilation of data and other materials or a musical work in graphic form, irrespective of the ownership of the original or the copy which is the subject of the rental;

e) Public display of the original or a copy of the work;

f) Public performance of the work; and

g) Other communication to the public of the work

Cloud ComputingCloud computing means storing and accessing data and programs over the Internet instead of your computer's hard drive.

How does copyright infringement happen in the cloud?Cloud provider or operatorCentralized cloud applications ( Facebook or Twitter ) ServersUserUser

Cloud Provider or Centralized Cloud ApplicationThe first step to analyzing whether a user would breach copyright is to view the cloud providers terms of use. The terms of use may contain a license permitting the user to make copies the uploaded material.

Terms and Conditions

Disney Enterprises, Inc. et al., v. Hotfile Corp., et alThe Hotfile website allows any user to upload content, including video files, to its servers. The user is then provided with a unique URL that can be used by anyone to download the content.

The movie studios alleged that Hotfile knows that the most popular files it hosts are copyright-infringing, and that by encouraging users to upload and link to popular content Hotfile is encouraging them to infringeCourt decision:The court held that the fact that Hotfile makes multiple copies of each uploaded work does not make its conduct volitional, because those copies are automatically made at the user's instigation.

The court have gone further in also concluding that because there were no allegations that Hotfile "uploaded the copyrighted work itself or used software to search for material to upload it could not be directly liable.

"there should still be some element of volition" for direct liability to attach, and that Hotfile cannot be directly liable merely because it owns and manages an internet service that allows users to store and access copyrighted content.How does vicarious liability attach to the cloud provider?Perfect 10, Inc. v. Megaupload Ltd., et al., 2011

The court dismissed Perfect 10's vicarious liability claim because Perfect 10 failed to allege that Megaupload operated a "closed" system that allowed it to terminate registered users for infringing conduct.

Perfect 10 alleged that anyone could download files on the service without registration, the court found that the requisite control and supervision for a vicarious liability claim was not present. ConclusionFor the service provider to be liable it needs to be the one which directly uploads the copyrightable material to the cloud without the permission of the owner.

If a user under the cloud uploaded the material the cloud provider is not liable.

The job of the cloud provider is to take down what was uploaded to avoid vicarious liability.Vicarious liability only arises when, the service provider has control and supervision over the uploaded content and takes responsibility of sending take down notices to identified copyright infringing materials and failed to do so.

Absent specific knowledge of particular infringements, the service provider had no obligation to investigate possible infringing activity and would be eligible for protection from liability.

Autonomous or Near-Autonomous Vehicles

Mercedes Benz F015

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What is copyright protected?Complex Software Coding - There are three things required to turn a regular car into an automated one.

The first is a GPS system. The second is a system to recognize dynamic conditions on the roads. And the third is a way to turn the information from the other two systems into action on your ride.How is there infringementAccording to automakers provisions in Digital Millennium Copyright Act could prohibit home mechanics and car enthusiasts fromrepairingand modifying their own vehicles including thereof the complex software that runs the vehicle.

Freedom of the consumer vs. Copyright claims of the manufacturerAccording to the manufacturer they are still the owners of the complex software coding in the car.

End users on the other hand allege that the act of tweaking the software after purchase does not constitute copyright infringement. Because after the car is bought, ownership is transferred to them.Thank You! :D