Cloud Computing and Its Contractual Aspects

Today one of my closer relative asked me, ‘Anything else happening besides the Cloud Computing?’, this article is about the ‘anything else’ which are happening besides the core technical arena of Cloud Computing.
Every Technology or Technical Service, which has lot of offerings often raises many legal and social questions, as they are relatively unknown to the users which makes them vulnerable to mishaps.

 

Private and Public Cloud Computing

 

As we have written ago, Public Cloud Computing seems to be more problematic than Private clouds. The legal questions come when a company uses a Premium Public Cloud Computing service and data of the user is stolen, for example.

This point makes to think the approach towards cloud computing on the basis of those qualities which are essential determinant from a legal point of view. These are:

Standardization
Compatibility
Client’s capability
Scalability

 

Other Legal aspects of Cloud Computing

 

Software as a Service is classified as equivalent to lease. That means, the standard laws for lease of that country will partly or fully applicable for any legal dispute. It is however a fair contract from a user’s point of view.

These lease laws however are not applicable for Infrastructure as a Service.

The much promoted term of Cloud Computing – Scalability. Scalability can not be unlimited, obviously it is restricted by capabilities of the hardware and Internet connection. Some Cloud Computing providers might Advertise as providers of ‘unlimited scalability’, but during the signup process, some asterisks are added to explain ‘what they mean by unlimited scalability’.

Now, the question comes about a hosting or storage service on the Cloud Computing platform. If data or identity is theft, who will be legally responsible – your Cloud Computing Platform provider or someone else?
In this situation or equivalent situations, the Cloud Computing Platform providers will show the mishap happened due to Force Majeure. That means, it is not the Cloud Computing provider but it happened because of a faulty API of their Cloud Computing platform (for example) or simply it happened as ‘God Wanted’.

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