Intellectual Property Law
New Matter SPRING 2014, Volume 39, Number 1
Content
- 2014 New Matter Author Submission Guidelines
- Case Comments
- Contents
- Copyright Interest Group
- Entertainment and Sports Law Interest Group
- In-house Counsel Interest Group
- Inevitable Disclosures.
- Intellectual Property Section Executive Committee 2013-2014
- International Interest Group
- International Ip Developments
- Key Defense Strategies in Trade Secrets Cases
- Legislation Interest Group Report: Extract
- Letter from the Chair
- Letter from the Editor-in-Chief
- Making a Name For Yourself: Trademark Registration Challenges
- MCLE Self-Study Article
- Ninth Circuit Holds that Irreparable Harm No Longer Presumed in Trademark Cases
- Ninth Circuit Report
- Patent Interest Group
- Patentable Subject Matter, Abstract Ideas, Business Methods, and the Patent Eligibility Trilogy
- Technology, Internet and Privacy Interest Group
- The Importance of Being Earnest: Obtaining Copyright Registrations for 20th Century U.S. and Non-U.S. Photo Collections
- Trademark Interest Group
- De-risking the Cloud
De-risking the Cloud
John Pavolotsky
Intel Corporation
The shift to the cloud continues. Gartner forecasts that companies will spend $154 billion on public cloud services in 2014, up from $95 billion in 2009.1 Most likely, your clients are already using cloud services, such as online CRM (computing customer relationship management) applications or online data storage. On-demand, distributed computing is usually a few clicks (or taps) away. Substantively, cloud services agreements (CSAs) and the underlying services raise issues, such as in data protection and security and intellectual property, which require rigorous analysis. In addition, CSAs usually contain a litany of indemnities, which typically favor the cloud services provider (CSP) and result in protracted (and highly contentious) negotiations. This article will explore these provisions (and their respective rationales) and suggest a framework for managing risk in CSAs.