**4. Interlude: We are in the cloud; we need some barrister (Hypothetic use case)**

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 within sphere of information science experts.

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 paradigms.

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 —

The Requirements for the Legal Regulation of Commercial Relations in Cloud Computing 175

Fig. 10. Cloud Computing (Source: http://en.wikipedia.org/wiki/Cloud\_computing)

operative systems and combination of offers. (Markoff, 2008)

To a consumer frame or cloud could be (fig. 12):

implementation of a concrete model.

consumer. Consumer should frame his needs within appropriate lines.

and temporary broadening of infrastructure (Frank, 2008)

public cloud, but higher then ones in private cloud.

Server: Provider tier comprises of computers and / or computer programmes especially designed for service delivery, including the multi-core processors, cloud of specific

Diversification to tiers implies that most of activities realised in environment that represents information system supported by computers is being treated as service. Every service of that kind requires carefully prepared contract according to which it will be consumed. However, contract doesn't regulate just the above mentioned services. For service provider sufficient is the list on contract that refers to individual service, which is not the case with service

 Public cloud: Type of cloud in which services, such as applications and storage are made available to a wider public over the Internet. These are usually located outside the user's offices and provide possibility of reducing risks and costs of providing flexible

 Community cloud: Cloud of certain organisation. It is usually formed by several business systems with mutual needs (safety, harmonisation, authorisation etc.), regardless to inner or outdoor management. Costs of functioning are lower than costs of

 Hybrid cloud: hybrid cloud is comprised of two or more clouds (private, mutual or public) which are unique as community but insures a possibility of multiple

Distributed architecture without the need for central coordination, with participants being at the same time both suppliers and consumers of resources (in contrast to the traditional client–server model) and finally Service-oriented computing – software-as-a-service. That way one can turn weak binding into paradigm of loosely binding.

New architecture follows structural diversification of systems. In this sense, CC offers architectural complex structure in three forms: Saas – software as a Service, IaaS – Infrastructure as a service and Paas – Platform as a Service (fig. 9)

Terminology once again has a mild modification. So, besides weak binding, components are no longer in tiers (that basically means binding) but are also organised through layers.

Layers reflect architecture (fig. 10):


Fig. 9. Cloud Computing architecture( Source: http://www.chades.net/?tag=churchill-club


Distributed architecture without the need for central coordination, with participants being at the same time both suppliers and consumers of resources (in contrast to the traditional client–server model) and finally Service-oriented computing – software-as-a-service. That

New architecture follows structural diversification of systems. In this sense, CC offers architectural complex structure in three forms: Saas – software as a Service, IaaS –

Terminology once again has a mild modification. So, besides weak binding, components are no longer in tiers (that basically means binding) but are also organised through layers.

 **Client (Cloud clients):** computers and/or computer programmes available to Cloud computing for delivery of applications as the most important part (Malik, 2008) **Application (**Cloud applications): applications as services or "Software as a Service" provided as services by Internet, without required installation and initiation of application on client computers combined with simpler maintenance and backup

Fig. 9. Cloud Computing architecture( Source: http://www.chades.net/?tag=churchill-club

 **Platform (**Cloud platforms): "Platform as a Service", providing computer platform as service combined with usage of infrastructure and maintenance of applications. It provides implementation of application without costs, obligatory purchase and

 **Infrastructure (**Cloud infrastructure): Cloud Infrastructure Services or "Infrastructure as a Service", providing computer infrastructure – virtualisation of a platform, environment – as a service, combined with frame for data processing and networking. Instead of buying the provider, software, central memory and network equipment, users buy client versions, that is, complete all external resources as service. Service providers charge upon communal bills, or, price depends upon time of consummation

managing hardware and software on basic level. (Schofield, 2008)

way one can turn weak binding into paradigm of loosely binding.

Infrastructure as a service and Paas – Platform as a Service (fig. 9)

Layers reflect architecture (fig. 10):

(Mathur&Nishchal, 2010),

(Pariseau, 2008).

Fig. 10. Cloud Computing (Source: http://en.wikipedia.org/wiki/Cloud\_computing)

Server: Provider tier comprises of computers and / or computer programmes especially designed for service delivery, including the multi-core processors, cloud of specific operative systems and combination of offers. (Markoff, 2008)

Diversification to tiers implies that most of activities realised in environment that represents information system supported by computers is being treated as service. Every service of that kind requires carefully prepared contract according to which it will be consumed. However, contract doesn't regulate just the above mentioned services. For service provider sufficient is the list on contract that refers to individual service, which is not the case with service consumer. Consumer should frame his needs within appropriate lines.

To a consumer frame or cloud could be (fig. 12):


The Requirements for the Legal Regulation of Commercial Relations in Cloud Computing 177

Evaluation of SLA tier for evaluation of tier: covers all SLM (Service Level Management)

Service on SLA tier: covers all SLM (Service Level Management) questions relevant to

SLA is treated as contracts of services in which tier of service is formally arranged. In practice term SLA is sometimes used in comparison to contracted deliveries (of services) or

questions relevant to specific group of buyers, regardless to services used.

performances. SLA is regularly a legal biding formal or informal "contract" (fig. 11).

(Source: http://helloanilyadav.blogspot.com/2010/07/cloud-computing.html)

Fig. 12. Type of Clouds (Source: http://computinged.com/business/cloud-computing-

certain services, that is, specific group of buyers.

Fig. 11. What's Holding Cloud Computing Back?

facilities-implementations-and-costs-planning/)

 Private cloud: infrastructure which exists for individual or individual organisation that can be managed within or outside the organisation (Mell&Grance, 2011)

If named classifications are analysed, it becomes clear that cloud can expressively and efficiently be realised with attentive arrangements and clearly defined contract or contracts. Depending on users /consumer's needs and demands, or what sort of organisation he requires, he'll have to sign the same amount of individual or several combined contracts.

Simultaneously to shifting the paradigms towards definitions of services and modes of their realisation, the importance of regulating performance and ensuring service's results contributed to shaping a need for proper type of contract specific to this area. Basic definition of contract is: Contract is approving declaration of two or more parties directed towards achieving a certain goal. Contract in general form demands:


Consent and declared will is important condition for signing the contract. However, it doesn't have to be sufficient. Term of sufficiency is completed by defining the subject of contract and clause. Sometimes contract can have a certain form. In that sense, relationships of this kind included, after certain amount of time, form of contract known as SLA (Service Level Agreement).

SLA (Service level agreement) is a contract or part of it that defines services between two parties, where one party is a buyer – demander, while the other party is service provider. Subject of contract is service. As legal institution contract can be used for services or realisations. SLA necessarily has to include:


Qualitatively prepared SLA will help service provider to explain user what, how and in which way he delivers service and gives a guaranty that promised and expected level of service will be delivered.

SLA can be defined in different levels:


Private cloud: infrastructure which exists for individual or individual organisation that

If named classifications are analysed, it becomes clear that cloud can expressively and efficiently be realised with attentive arrangements and clearly defined contract or contracts. Depending on users /consumer's needs and demands, or what sort of organisation he requires, he'll have to sign the same amount of individual or several combined contracts.

Simultaneously to shifting the paradigms towards definitions of services and modes of their realisation, the importance of regulating performance and ensuring service's results contributed to shaping a need for proper type of contract specific to this area. Basic definition of contract is: Contract is approving declaration of two or more parties directed

Consent and declared will is important condition for signing the contract. However, it doesn't have to be sufficient. Term of sufficiency is completed by defining the subject of contract and clause. Sometimes contract can have a certain form. In that sense, relationships of this kind included, after certain amount of time, form of contract known as SLA (Service

SLA (Service level agreement) is a contract or part of it that defines services between two parties, where one party is a buyer – demander, while the other party is service provider. Subject of contract is service. As legal institution contract can be used for services or

Qualitatively prepared SLA will help service provider to explain user what, how and in which way he delivers service and gives a guaranty that promised and expected level of

 Evaluation upon SLA: arrangement with individual group of buyers in line with covering all services used. For instance, SLA between providers (of IT services) and big service organisation such as financial systems, payment systems, systems of charging,

Services upon SLA: contract for all buyers who use service is being delivered to service

Multi-tier SLA: SLA divided into different tiers, with each tier handling different

Corporative SLA tier: contract covers all demands of each buyer in a complete business

Name of service – complete description of package promised by provider

Way of service verification, time of usage and measurement of usability

can be managed within or outside the organisation (Mell&Grance, 2011)

towards achieving a certain goal. Contract in general form demands:

Consent and will of parties to sign a contract

realisations. SLA necessarily has to include:

Way of treating the mishandling of contract

groups of buyers of same service, within same SLA.

Other conditions important to signing a contract

Subject of contract

Level Agreement).

Way of delivery

service will be delivered.

provider.

system.

SLA can be defined in different levels:

systems of procurement etc.

Clause or basis for completion


SLA is treated as contracts of services in which tier of service is formally arranged. In practice term SLA is sometimes used in comparison to contracted deliveries (of services) or performances. SLA is regularly a legal biding formal or informal "contract" (fig. 11).

Fig. 11. What's Holding Cloud Computing Back? (Source: http://helloanilyadav.blogspot.com/2010/07/cloud-computing.html)

Fig. 12. Type of Clouds (Source: http://computinged.com/business/cloud-computingfacilities-implementations-and-costs-planning/)

The Requirements for the Legal Regulation of Commercial Relations in Cloud Computing 179

GIS system that is implemented into latest GPS device. During the journey he followed instructions given by GPS device, so he faced situation and circumstances on highway which mostly haven't correspond to information provided by GPS device. In that specific situation the automobile has been completely ruined, while the owner has been experienced severe body contusions which haven't threatened his life, but could contribute to

Afore mentioned hypothetical case has all characteristics required to fall a dispute and to claim indemnification of a victim. For purpose of this paper it is important to determine an essential need for legal definition of using services, which are, in this situation, cause of a

 Though it is disputable, for this hypothetical case and paper it is needed to determine an important fact: how is GIS treated. Is that Cloud computing service or not? If it is, in which form of Cloud computing a victim could be introduced? These are primary conditions that could be used in eventual dispute with purpose of indemnification. There is a version of web GIS concept according to which web GIS is every GIS using web technology, or, in narrower sense, it is every GIS that uses web to connect system components. (Fun Sun, 2010). Every such service should necessarily have its own SLA –

Some Service Level Agreement (SLA) ere enforceable as contract but many are really agreements that are more along the lines on operating level agreements (OLA) and may not have the force of law. It is good to have an attorney review this document before you make a

Indemnification of a victim will necessarily depend upon quality of SLA, its content and form of declaration, if such exists. Since usage of GPS devices is an independent fact in this case, arbiter, seller of GPS devise and selling of devices emerge as factor that additionally complicates described situation. However, accident hasn't been caused by device but instead by data and information provided by device. Within these circumstances responsibility is thrown to provider of data basis and mode of its delivery since responsibility for data (or data basis in information science terms) service provider responds

This hypothetical case is only an attempt of directing attention to an urge for more intensive legal treatment of relations that can emerge between service providers and service users within Cloud computing. Service provider should be prepared to provide SLA palette that will correspond to implemented form of Cloud computing. Public cloud carries within dangers similar to outcomes named in a prior hypothetical case. Service provider is usually, in practice, somehow prudishly concealed behind institution of help desk that usually doesn't provide sufficient help, but only smooth communication. Therefore a transparency

**5. Epilogue: Who really need IT and informatics? (The empire strikes back)**  Motto "I am not interested how you do the job, just do it" has been transferred from object oriented environment to SOA environment by simultaneous modification of late binding

major commitment to a Cloud provider. (Sosinsky, 2011).

for consequences when data haven't been used properly.

of relations and their strict regulation is most required.

consequences of minor body disability.

**Epilogue:** 

possible accident.

contract of usage.

However, there is also a wrong situation when contract between service provider and other parties isn't SLA – since the services tier has been defined by (main) buyer. Every field or range of services should have defined "tier of services". SLA can determine level of availability, usability, efficiency, performance or other characteristics and services, such as mode of charge. "Tier of service" can also be mentioned as goal and minimum which enable users to be informed about expected minimum that ensures measurable, usually average aimed value that implies level of performance. Some contracts can arrange penalties in case of not respecting SLA. In practice SLA is sometimes used to define relations for contracted deliveries of services or performances.

#### **4.1 Postlude: A hypothetical use case, if the cloud computing is guilty?**

In everyday life more and more people are using services of which they don't know the precise definitions, or they haven't been timely explained to them, so they don't know the possible consequences. For instance, widely used net-banking represents a service which is simply defined web service. User in this kind of situations usually doesn't know where the service provider is, that is, where data are located, though he's not introduced with complete infrastructure, and there's no need of that. Further on, mobile phones made these services free of time and geographic location. Advantages are impressive, risk considerably lower, but still possible. Provider of such services is obliged to ensure user with proper information of all possible outcomes during the service providing and afterwards, especially if there is a possibility for user to suffer from any sort of damage.

Among generally accepted services one could count the GPS (Global Positioning System) navigator for automobiles. GPS navigator is using spatial information about location and time anywhere on the Earth, or near it, GIS (Geographic Information System) based upon Global Navigation Satellite System (GNSS) in all weather conditions, with undisturbed line of views from four or more GPS satellites. It is maintained by USA Government and is freely available to all using GPS receiver with some technical restraints that can be removed only for military users. (http://en.wikipedia.org/wiki/Global\_Positioning\_System). Hence, to most GPS users GIS service represents cloud service or it can be treated that way. GIS is then proclaimed as a system that represents integrated hardware and software with data for collecting, managing, analysing and presenting all modes of geographic information. The purpose of GIS is to enable insight, understanding, making enquiries with interpretation and visualisation of data in form of maps, graphs, reports and charts. Procedure of formation and models of reports are maximally simplified so to be available and understandable to all users. Still, the basic advantage of GIS technology is a possibility of its integration into any form of information system with purpose of ensuring the most qualitative business.

In this part of paper authors analyse hypothetical case in which automobile accident has happened due to mistakes in navigation caused by wrong data provided at the same moment. Emphasis has been given to possible legal consequences of such case, but primarily to legal shortage of defined relations between service provider and service user.

#### **Hypothetical case:**

Owner of an expensive automobile equipped with equally expensive devices that include GPS is a male person in his thirties. During a longer journey he has been using services of GIS system that is implemented into latest GPS device. During the journey he followed instructions given by GPS device, so he faced situation and circumstances on highway which mostly haven't correspond to information provided by GPS device. In that specific situation the automobile has been completely ruined, while the owner has been experienced severe body contusions which haven't threatened his life, but could contribute to consequences of minor body disability.
