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kdawson
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Blogger
The courts
kdawson   3/2/2012 4:03:01 PM
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It is not just in the Megaupload case that the courts are not doing the job they have traditionally done in restraining overzealous policing. In several recent cases of domain name seizures, the government stonewalled — there's no better way to put it — so that legitimate businesses harmed by the seizures couldn't even get enough answers to file a court action. In one case the domain name was returned, without a word, nearly a year later. No compensation for lost business, no apology.

Tom Murphy
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Blogger
Re: Cloudiness
Tom Murphy   3/2/2012 3:59:16 PM
NO RATINGS
I don't disagree, Keith. But in the US, the courts have traditionally held back overzealous police actions, include searches and seizure that go beyond the reasonable expection of privacy and the rights of property owners.  That level of restraint seems to be absent in the Megaupload instance. Instead, it looks like showboating to instill the fear of violations in the hearts of other cloud companies. Clearly, federal authorities should be required to have a court-approved warrant before seizing a cloud company when that action may have almost incalculable damage on innocent parties and, by extension, on the entire industry.  The Feds in this case used a nuclear weapon to silence a suspect, who has not yet been convicted of anything, and injured an unknown number of bystanders in the act. That's just not right.

kdawson
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Blogger
Re: Cloudiness
kdawson   3/2/2012 3:47:19 PM
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There's clearly a need here for the government to act reasonably

This is happening less and less, as the Justice Department and Immigration become the private police forces for Hollywood and the record labels. A recent domain name seizure involved a foreign company, operating a Website hosted in another country, with its domain name registered through a registrar in another country. The Feds simply went to the US company Verisign, which sits at the root of the .COM hierarchy, and pulled the name.

Tom Murphy
User Rank
Blogger
Re: Cloudiness
Tom Murphy   3/2/2012 11:54:01 AM
NO RATINGS
There's clearly a need here for the government to act reasonably, although we all know that doesn't always happen.  If a legitimate company is snared in the government's net, it can ask for immediate relief in court -- but that could disrupt its business for days or longer (as in this case).  Instead, the judge who authorizes the seizure should ensure that innocent parties are protected. In the cloud, this is new turf and the courts probably don't know what to do when the policing agency is going after the cloud vendor that hosts both legitimate and illegitimate content.

kdawson
User Rank
Blogger
Re: Cloudiness
kdawson   3/2/2012 8:43:48 AM
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Ouch is right. Wouldn't surprise me if most / all cloud providers would refuse to give you a list of the other customers. Even if they did, they could acquire a new customer after you signed up who might get in copyright trouble.

WriteSeth
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Agile Expert
Re: Cloudiness
WriteSeth   3/1/2012 10:03:01 PM
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I'm wondering what this will be for the cloud if one has to consider who the providers other customers are as well.  Could you imagine a service provider's data base being deleted due to copyright issues that also held your company's file. Ouch! 

kdawson
User Rank
Blogger
Re: Cloudiness
kdawson   3/1/2012 3:34:49 PM
NO RATINGS
the year of emerging cloud issues

Here's someone we know pouring skepticism on (a distant ancestor of) the Cloud in the NY Times, 1999.

Hammad Masood
User Rank
Business Processor
Cloud loud
Hammad Masood   3/1/2012 2:47:29 PM
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Another incidence to direct that cloud is too loud to share things. I think cloud is still in infancy and it has to recover so that we enjoy its benefits !

Tom Murphy
User Rank
Blogger
Cloudiness
Tom Murphy   3/1/2012 12:30:45 PM
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It may be the year of the cloud, but it's also the year of emerging cloud issues. Concerns like this point to a fundamental difference between storing your data yourself and storing it in someone else's backyard. To back it up locally after storing it in the cloud is another way of saying that you're backing it up in the cloud, which amounts to added costs in a process that is supposed to be saving money. Clearly, the cloud offers many advantages, but we'll have to shake out the kinks first.

kdawson
User Rank
Blogger
Re: Keeping a backup
kdawson   3/1/2012 10:23:21 AM
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Could be. Or perhaps it's that redundancy is advised for services that absolutely, positively must not go down.

The redundant cloud is not so much a backup as disaster recovery.

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