| Summary: | 碩士 === 國立政治大學 === 智慧財產研究所 === 101 === Cloud computing-based systems have grown into social infrastructures, and the focal issue of the cloud services has been moved from a need to adopt cloud services, to the results that would be achieved by cloud services. Big data exploitation is the notable example thereof. Cloud services in Japan would find business opportunities in: providing a wide variety of services that could suit well to the risk management concept based on trade-off between security and cost; and meeting the demand of service users in the adoption of a cloud service, that is, providing an intermediary between old and new systems, including technologies such as programming languages, and physical support for manual works that tailor the existing system to the cloud system.
Cloud services in Japan are now in the process of diversification, and the demand level for the function of data centers, the key equipment of the services, is getting higher. Adoption of a cloud service causes complementary cooperation, and even changes an operating model of the user company: because the cloud system connects to individuals and various communication devices, B2B-type companies would have, or would be forced to have, a B2C-oriented mindset.
In regard to cloud services and copyright, indirect infringement is under dispute. A certain amount of court decisions have been collected, and the viewpoint thereof has gradually been clear. However, when the service provider is about to release new services, it is still unclear whether or not the viewpoint serves as the criteria for legality of the new services. The reason is that: it is difficult to define private use; digital technology introduces cost-effectiveness in handling copyright; and in the court decision, the influence that the new services have upon right holders' existing revenue-generating systems seems to be non-negligible.
This means that if the smaller or venture business launches new services and then fails to create a social or economic impact, it is impossible for them to make the right holders waive the partial right, and continue business. Therefore the government policies of cloud service support, which at present place an emphasis on start-up, should reinforce support for commercialization and business continuation.
Thus the self-defensive measure necessary for cloud service providers is not to await a court ruling in an ex-post manner, but to treat copyrighted works in advance by technological protection measures whose cost is commensurate with the works' value. There is a fact that the acceptance level for cloud services is gradually rising among right holders, which shows a promising sign for the service providers.
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