**3. Elaboration: Paradigm shift (Mixing cards with the war for middle-earth)**

Necessity for separating computer solutions into layers or multi tier organisation has resulted in more detailed diversification of activities in their development. Changes in approach and consideration of the complete issue moved barycentre from structural system towards system's architecture as a new centre of gravity. Modifications in paradigms are most obvious in the approach to projecting and programming. Object oriented software is the cause and consequence of changes that will result in emergence of opened platforms and multiply usable software. In order to satisfy increased appetites of users, a proclaimed paradigm of inheritance within object oriented approach has provided multiple uses.

However, object oriented approach has also caused a "rearrangement" of role and position of user by regulating approaches to software through mechanisms of encapsulation. That way the system's structure can be observed as a method of its construction or compliance and combination of its parts. Possibility of organising the Information System within conditions of detachment of business system refers to organisation of computer network of different possibilities and purposes. Along with significant improvement and upraise of

The Requirements for the Legal Regulation of Commercial Relations in Cloud Computing 169

it/546. The fact is information science experts are making themselves a huge favour. One shouldn't engage into a serious business to conclude how usage of slang among information scientists can be frustrating to users so to make them think that something is being covered up. Reason can also be found in usage of technology that will help IT to firm its position, but not with actual help to business making. Next, the older IT experts will regularly be averse to introduction of new technologies. All situations mentioned are not amusing to users, especially since user is directly responsible for realisation of business processes and existence of business system. It is normal that detronization of information science in this case becomes inevitable. Psychological state of mind within these frames defines level of satisfaction with users and information scientists. Unsatisfied user will in each situation re-

evaluate his obligations and the ones of information scientists as service provider.

specialised business system that is mostly connected to HR sector.

that will lead to SOA paradigm (fig. 5).

Further on, every evaluation of obligations causes re-evaluation of rights that belong to them. In business systems it will regularly lead to, more or less, conflict situations and disturbed personal relationships. The final result is destructive to making a business. When business system has its own IT sector, these conflict situations have internal character so they are internally solved. Legal aspects of those misunderstandings are within domain of

Separating users from information-science assignments provides contribution to both sides under condition that information-science backup is qualitative and timely. At the same time, assignments are delegated more precisely thus making obligations more understandable and better defined. It also expresses better rights of users and information scientists. Objectoriented approach has enabled these relationships and caused further changes of paradigms

Fig. 5. OO Paradigm (Source: www.hl7labs.gr/pages/ Edsger/Edsger/tower.gif and

www.hl7labs.gr/ pages/Edsger/Edsger/oop.htm)

technical possibilities, computers evidently, by virtue of increasing memory capacities and speed of processing, should be differently organised. The centre of gravity has been moved from structure to architecture. Architecture of computer systems includes structure's moderation together with organisation of technical backbone and applicative solutions so the architecture is both conceptually and realistically broader than structure.

Object-oriented paradigms have primarily, through proclamation of late binding, initiated reorganisation of programming, though object-oriented approach gives advantage to projecting instead of programming. That is understandable, since programme demands are biggest source of misunderstanding among information scientists. When object-oriented approach has emerged and developed, the final users were already well educated in field of information science so their demands represented greater problems to information scientists. Though at the time prices of hardware were dropping and opened platforms of operative systems were intensively used, to each business system investing into information science represents an issue that requires ultimate attention. At that time Sollow paradox became famous: "total income of business system decreases as investments in information science become higher". That should initiate considerations of real usage and need of IT sector as organised fragment of business system. It will also bring IT employees into a considerably different position than the one their forerunners have had.

If historical aspect of information scientists – experts is considered, than, with a considerable attention, conclusion can be made that their position has frequently weakened. From position of unavoidable expert-wizard who was highly respectable his position changed into "someone who is an expert in his field", but doesn't necessarily get paid for his work. Evaluation and assessment of full business contribution of "internal" information scientists has started.

Each individual business process or use care, as it is commonly named, is maybe specific but not to the point where business is made strictly from that phenomena. Case of usage is more a category where concrete realisation of same cases can be placed. Repeating the same cases is measure of need for programming and considering specificities that determine exceptions in same realisation. This attitude is prevailing in initiating, and later on, intensifying intention for outsourcing the IT sector. This helped to pronounce information-science backup as service within business system. Only time will tell how correct that is. It is important to mention that this declaration has a certain delusion within, that is, it makes information-science backup as sporadic need which is absolutely not the case. However, that kind of attitude towards information science has been inherent continuously from the first formation of IT sector within business system up to the moment of excluding IT management from process of making important business decisions. It is especially important that decisions made upon level of business system include CEO of information science, which is often not the case.

The prior paragraph has been given an allegoric subtitle "king is amused" as a result of author's experienced thinking about relation user-information scientist. All misunderstandings upon this line are consequence of dissatisfaction of one or other group of participants of the mutual act. Attempt of upgrading, of any side of participants, will lead to psychological consequences awkward to relationships and business itself.

In an attractive blog title "10 dirty secrets in IT business" Jason Hiner from TechRepublic site mentions a set of "secrets" that confirm the above mentioned. http:// www. techrepublic.com/blog/hiner/10-dirty-little-secrets-you-should-know-about-working-in-

technical possibilities, computers evidently, by virtue of increasing memory capacities and speed of processing, should be differently organised. The centre of gravity has been moved from structure to architecture. Architecture of computer systems includes structure's moderation together with organisation of technical backbone and applicative solutions so

Object-oriented paradigms have primarily, through proclamation of late binding, initiated reorganisation of programming, though object-oriented approach gives advantage to projecting instead of programming. That is understandable, since programme demands are biggest source of misunderstanding among information scientists. When object-oriented approach has emerged and developed, the final users were already well educated in field of information science so their demands represented greater problems to information scientists. Though at the time prices of hardware were dropping and opened platforms of operative systems were intensively used, to each business system investing into information science represents an issue that requires ultimate attention. At that time Sollow paradox became famous: "total income of business system decreases as investments in information science become higher". That should initiate considerations of real usage and need of IT sector as organised fragment of business system. It will also bring IT employees into a

If historical aspect of information scientists – experts is considered, than, with a considerable attention, conclusion can be made that their position has frequently weakened. From position of unavoidable expert-wizard who was highly respectable his position changed into "someone who is an expert in his field", but doesn't necessarily get paid for his work. Evaluation and

Each individual business process or use care, as it is commonly named, is maybe specific but not to the point where business is made strictly from that phenomena. Case of usage is more a category where concrete realisation of same cases can be placed. Repeating the same cases is measure of need for programming and considering specificities that determine exceptions in same realisation. This attitude is prevailing in initiating, and later on, intensifying intention for outsourcing the IT sector. This helped to pronounce information-science backup as service within business system. Only time will tell how correct that is. It is important to mention that this declaration has a certain delusion within, that is, it makes information-science backup as sporadic need which is absolutely not the case. However, that kind of attitude towards information science has been inherent continuously from the first formation of IT sector within business system up to the moment of excluding IT management from process of making important business decisions. It is especially important that decisions made upon level of business system include CEO of information

The prior paragraph has been given an allegoric subtitle "king is amused" as a result of author's experienced thinking about relation user-information scientist. All misunderstandings upon this line are consequence of dissatisfaction of one or other group of participants of the mutual act. Attempt of upgrading, of any side of participants, will lead to

In an attractive blog title "10 dirty secrets in IT business" Jason Hiner from TechRepublic site mentions a set of "secrets" that confirm the above mentioned. http:// www. techrepublic.com/blog/hiner/10-dirty-little-secrets-you-should-know-about-working-in-

psychological consequences awkward to relationships and business itself.

assessment of full business contribution of "internal" information scientists has started.

the architecture is both conceptually and realistically broader than structure.

considerably different position than the one their forerunners have had.

science, which is often not the case.

it/546. The fact is information science experts are making themselves a huge favour. One shouldn't engage into a serious business to conclude how usage of slang among information scientists can be frustrating to users so to make them think that something is being covered up. Reason can also be found in usage of technology that will help IT to firm its position, but not with actual help to business making. Next, the older IT experts will regularly be averse to introduction of new technologies. All situations mentioned are not amusing to users, especially since user is directly responsible for realisation of business processes and existence of business system. It is normal that detronization of information science in this case becomes inevitable. Psychological state of mind within these frames defines level of satisfaction with users and information scientists. Unsatisfied user will in each situation reevaluate his obligations and the ones of information scientists as service provider.

Further on, every evaluation of obligations causes re-evaluation of rights that belong to them. In business systems it will regularly lead to, more or less, conflict situations and disturbed personal relationships. The final result is destructive to making a business. When business system has its own IT sector, these conflict situations have internal character so they are internally solved. Legal aspects of those misunderstandings are within domain of specialised business system that is mostly connected to HR sector.

Separating users from information-science assignments provides contribution to both sides under condition that information-science backup is qualitative and timely. At the same time, assignments are delegated more precisely thus making obligations more understandable and better defined. It also expresses better rights of users and information scientists. Objectoriented approach has enabled these relationships and caused further changes of paradigms that will lead to SOA paradigm (fig. 5).

Fig. 5. OO Paradigm (Source: www.hl7labs.gr/pages/ Edsger/Edsger/tower.gif and www.hl7labs.gr/ pages/Edsger/Edsger/oop.htm)

The Requirements for the Legal Regulation of Commercial Relations in Cloud Computing 171

Functional elements make service register with description of services, business processes, defined communication protocol, defined services and mode of delivery. Elements of insuring the quality are: safety of services, realised transaction and service management (fig. 7). Still, the quality of service and its functionality is ensured by politics that integrate these two parts and present them to user who will eventually benefit from it. Politics of realisation of services can be observed as binding material that connects constructing elements of SOA architecture SOA architecture should provide several attributes to business systems: to propose simple, flexible and efficient system that will provide needed information services with lower costs of providing services and insuring their integration and migration. When settings of SOA architecture are considered, one can assume further development in application of object-oriented paradigms and more expressed implementation of information science architecture. If one analyses terminology, he can notice that some

Fig. 7. Contracts in SOA Architecture (Source:http://msdn.microsoft.com/en-us/

So that user can frequently be called consumer or service client while service creators are named service providers. If consistence in application (and around it) is insisted on, the one that is named information system, then this could lead to semantic mess. User can be asked who is actually a service provider: the one who interferes or the one who actually provides the same services. This kind of relationship makes a good basis for paradigm shift that will end up in SOA evolution to cloud computing. So to conclude, precise definition of terms is necessary. Whoever experienced functioning of SOA architecture or web services (though these are two different things), experienced all advantages of such realisation of information system, but also all disadvantages that can emerge when using services through such

classical terms are replaced with newer.

library/aa480027.aspx#aj2mpsoarch\_topic2)

systems (fig. 8).

When discussed about architecture, SOA (Service Oriented Architecture) can be observed as politics, practice and frame that enable application of functionalities which have to be provided through collective services. (Liebow, 2005) Services are being offered to the applicants by virtue of standardised interface. (CORE.gov, 2005) In SOA environment, term user has been replaced with benefit user who shares services. Service applicant is user of services provided by system but it is indirectly underlined that user is also driver of activities used for realisation of services. SOA also more pronouncedly affirms paradigm postulates of object oriented approach especially of so-called late binding resources. This turns late binding into weak binding in SOA environment while final operative form of application becomes a dynamic category active only in time of performance. It helps to achieve full effect of application that can be acquitted through optimisation and proper monitoring of costs. IBM (Balzer, 2004) defines principles of basic regulations for development, maintenance and usage of SOA architecture (fig. 6). These are:


SOA architecture is made of functional elements and elements that provide system's quality, and are connected to policy of launching services to market.

Fig. 6. SOA Architecture (Source: http://www.mondotechnologies.com/en /index.asp ?w=0|0|1)

When discussed about architecture, SOA (Service Oriented Architecture) can be observed as politics, practice and frame that enable application of functionalities which have to be provided through collective services. (Liebow, 2005) Services are being offered to the applicants by virtue of standardised interface. (CORE.gov, 2005) In SOA environment, term user has been replaced with benefit user who shares services. Service applicant is user of services provided by system but it is indirectly underlined that user is also driver of activities used for realisation of services. SOA also more pronouncedly affirms paradigm postulates of object oriented approach especially of so-called late binding resources. This turns late binding into weak binding in SOA environment while final operative form of application becomes a dynamic category active only in time of performance. It helps to achieve full effect of application that can be acquitted through optimisation and proper monitoring of costs. IBM (Balzer, 2004) defines principles of basic regulations for

Possible usage of composability (a system design principle that deals with the inter-

SOA architecture is made of functional elements and elements that provide system's quality,

Fig. 6. SOA Architecture (Source: http://www.mondotechnologies.com/en /index.asp

development, maintenance and usage of SOA architecture (fig. 6). These are:

Possibility of multiple usage of programme solutions (reusability)

Standard-compliance, common and for specific kind of industry

 Possibility of services identification and categorization Possibility of ordering, provisioning and delivery

and are connected to policy of launching services to market.

 Granularity Modularity

Interoperability

?w=0|0|1)

Monitoring and tracking

relationships of components) Ability to decompose in components Functional elements make service register with description of services, business processes, defined communication protocol, defined services and mode of delivery. Elements of insuring the quality are: safety of services, realised transaction and service management (fig. 7). Still, the quality of service and its functionality is ensured by politics that integrate these two parts and present them to user who will eventually benefit from it. Politics of realisation of services can be observed as binding material that connects constructing elements of SOA architecture SOA architecture should provide several attributes to business systems: to propose simple, flexible and efficient system that will provide needed information services with lower costs of providing services and insuring their integration and migration. When settings of SOA architecture are considered, one can assume further development in application of object-oriented paradigms and more expressed implementation of information science architecture. If one analyses terminology, he can notice that some classical terms are replaced with newer.

Fig. 7. Contracts in SOA Architecture (Source:http://msdn.microsoft.com/en-us/ library/aa480027.aspx#aj2mpsoarch\_topic2)

So that user can frequently be called consumer or service client while service creators are named service providers. If consistence in application (and around it) is insisted on, the one that is named information system, then this could lead to semantic mess. User can be asked who is actually a service provider: the one who interferes or the one who actually provides the same services. This kind of relationship makes a good basis for paradigm shift that will end up in SOA evolution to cloud computing. So to conclude, precise definition of terms is necessary. Whoever experienced functioning of SOA architecture or web services (though these are two different things), experienced all advantages of such realisation of information system, but also all disadvantages that can emerge when using services through such systems (fig. 8).

The Requirements for the Legal Regulation of Commercial Relations in Cloud Computing 173

to satisfy specific function. Contract should define quality of service and specify non-

It is clear here that realisation of recent forms of information systems should involve more intensively legal profession. Contract is legal category so it should be confined to those who are professional in that field. Exactly those kinds of situations and necessary facts are to be

Required legal protections of both users' categories which appear in such environment is essentially different since it returns relationships to a level that existed in time when real users were supposed to have lower level of Information Science knowledge and congruent capability of using the application. At the same time emerged a possibility of so-called Outsourcing or extracting the IT sector from business system as an activity that is not core business activity. It is not a coincidence that simultaneously a need and possibility for outsourcing emerges, that is excluding IT sector from business system as activity which is

Business logic and applicative tier have already, in the position of organising system according to three tiers or multi tier structure, been categorised as middle tier that is "interlevel tier". That also led to excluding the responsibility for contents belonging to specific tier from those to whom it doesn't actually belong. If Fig. 9. is analysed and completed with human component, then on the left side, one can perceive only users, that is, service consumers according to SOA terminology. Suggesting the Cloud computing isn't relevant at the moment. More important are possibilities provided by Internet. Naturally, that is possible if Internet is actually available. On the extreme right side one can perceive data tier. If human component is to be implemented, it becomes clear that it also requires attendance of consumers and providers of services. Traditionally put, all users become involved. However, it is clear that structure, organisation and maintenance of data remains activity within domain of information science experts, while data remain within domain of users. Quality of data is, therefore, responsibility of users, while quantity and frames remain

However, presence and possibilities offered by Internet have improved attitudes toward proclaiming SOA paradigms towards finding solutions that will be categorised Cloud computing. Cloud computing improves SOA concepts together with object-oriented

For instance, (Miller, 2008) according to some authors CC has common characteristics with autonomous computer systems when latter is capable of self-managing, (Reese, 2002), CC inherits important settings of client-server architecture, (Papadopoulos, 2009), CC structure has characteristics of grid computing since it can overtake the form of distributive or parallel computing where computers can be organised through clusters or weakly connected networks or mainframe computers for needs of big organisations with critical applications such as enterprise resource planning, and financial transaction processing. (Vaquero at al., 2009) recognized in cloud computing Utility computing — The "packaging of computing resources, such as computation and storage, as a metered service similar to a traditional public utility, such as electricity. " (Wei&Blake, 2010) recognized structure Peer-to-peer —

**4. Interlude: We are in the cloud; we need some barrister** 

functional aspects of services.

underlined in this paper.

so-called core business activity.

within sphere of information science experts.

**(Hypothetic use case)** 

paradigms.

Fig. 8. Logical view of SOA Reference Architecture (Bieberstein at all, 2008)

Though it may be thought that users-information scientists and active users within business systems are put aside the truth is different. Separation of applicative solutions to its finer parts – services – that are activated accordingly can represent a nightmare for Information Scientists, especially when on the other side are users who cannot articulate their demand in mutually understandable manner. Segment of service providing policies within SOA architecture that can solve this kind of misunderstandings in practice is known as help desk institution. Though as an idea it can be accepted, good realisation of help desk activities is rare in practice. User of help desk regularly receives incomplete instructions that don't help him to solve problem. If help desk is analysed in context of developing relationship user – information scientists and development and upgrade of ICT, one can acquire extremely unpleasant impression. Help desk eliminates not only physical but also virtual communication between final user of application and its professional creator-author. Help desk employee have usually gone through training that should correspond to user with frequent anticipation that they do not understand essence of processes that are informationscience supported. User's need for help desk is a sign that his daily business functioning is brought into question through applicative non-functionality.

If help desk employee isn't able to provide adequate help and to eliminate problem that user declared, a situation could turn to conflict. Picture (Fig. 8) indicates that all architecture relies on precise and well defined contracts between actors of providing and consuming the services. Contract is specification of method by which consumer or user of service will communicate to service provider. Contract defines format of demands and mode of answers that are expected through services. Contract of services can demand various conditions and pre-conditions. Pre- and post-conditions describe how service should be performed in order

Fig. 8. Logical view of SOA Reference Architecture (Bieberstein at all, 2008)

brought into question through applicative non-functionality.

Though it may be thought that users-information scientists and active users within business systems are put aside the truth is different. Separation of applicative solutions to its finer parts – services – that are activated accordingly can represent a nightmare for Information Scientists, especially when on the other side are users who cannot articulate their demand in mutually understandable manner. Segment of service providing policies within SOA architecture that can solve this kind of misunderstandings in practice is known as help desk institution. Though as an idea it can be accepted, good realisation of help desk activities is rare in practice. User of help desk regularly receives incomplete instructions that don't help him to solve problem. If help desk is analysed in context of developing relationship user – information scientists and development and upgrade of ICT, one can acquire extremely unpleasant impression. Help desk eliminates not only physical but also virtual communication between final user of application and its professional creator-author. Help desk employee have usually gone through training that should correspond to user with frequent anticipation that they do not understand essence of processes that are informationscience supported. User's need for help desk is a sign that his daily business functioning is

If help desk employee isn't able to provide adequate help and to eliminate problem that user declared, a situation could turn to conflict. Picture (Fig. 8) indicates that all architecture relies on precise and well defined contracts between actors of providing and consuming the services. Contract is specification of method by which consumer or user of service will communicate to service provider. Contract defines format of demands and mode of answers that are expected through services. Contract of services can demand various conditions and pre-conditions. Pre- and post-conditions describe how service should be performed in order to satisfy specific function. Contract should define quality of service and specify nonfunctional aspects of services.

It is clear here that realisation of recent forms of information systems should involve more intensively legal profession. Contract is legal category so it should be confined to those who are professional in that field. Exactly those kinds of situations and necessary facts are to be underlined in this paper.

Required legal protections of both users' categories which appear in such environment is essentially different since it returns relationships to a level that existed in time when real users were supposed to have lower level of Information Science knowledge and congruent capability of using the application. At the same time emerged a possibility of so-called Outsourcing or extracting the IT sector from business system as an activity that is not core business activity. It is not a coincidence that simultaneously a need and possibility for outsourcing emerges, that is excluding IT sector from business system as activity which is so-called core business activity.
