ABSTRACT
Given the limited space of this chapter, we decided to focus on intellectual property and data protection. Intellectual property is the most prominent legal challenge in the provision of digital media and personal data protection is the biggest issue related to cloud technology. Being European lawyers, we will take a European point of view to the matters. As the European system is one of the world’s most regulated and complex legal systems with respect to both intellectual property and personal data protection, readers may nd the European perspective particularly valuable. For the sake of our analyses, it is important to immediately and clearly identify three main categories of subjects involved in the provision of digital media services by means of cloud technology: the right holder(s), the cloud service provider(s) (CSP), and the user(s). By right holder, we identify the subject that makes the digital media service available. It may be the direct intellectual property right (IPR) holder (e.g., a gaming company that produces and makes available games) or it may have the relevant rights to (sub-)license third-party intellectual property (e.g., Apple that makes third-party audio-visual and music content available through its iTunes Store). By CSP, we refer to the supplier of cloud technology that enables a delivery model based on the Internet, where digital media are provided to computers and other devices on demand. By user, we mean the subject who accesses via the Internet digital media on demand. We will develop our analysis from the right holder’s point of view. is seems to be the most interesting perspective to us as the right holder is at the center of direct relationships with the CSP, the user, and, possibly, the third-party IPR owner(s).
