Privacy and consumer risks in cloud computing

While vaguely defined, and wide in scope, so-called ‘cloud computing’ has gained considerable attention in recent times. Put simply, it refers to an arrangement under which a user relies on another party to provide access to remote computers and software, whose whereabouts, including their jurisdictional location, are not known nor controllable by the user. In this article, we examine the privacy and consumer risks that are associated with cloud computing.     

To share is fair: The changing face of China's fair use doctrine in the sharing economy and beyond

Copyrighted works are greatly entwined with the concept of the sharing economy because of their status as informational public goods. Unlike commercial sharing models that address tangible goods such as bikes and houses, the sharing of which is limited by their physical nature, sharing models for intangible copyrighted works such as Google Books and live game webcasting must account for the comparatively unfettered ability for these to be shared. Accordingly, these models are more focused on exploiting such works to their full commercial potential. However, these sharing models are to a large extent based on the unauthorised exploitation of copyrighted works and will be unworkable if the related copyright issues cannot be solved. The interest that copyright owners have in exclusivity must thus be balanced with the public's interest in further exploitation of copyrighted works. Article 22 of the Copyright Law of China outlines an exhaustive list of copyright exceptions; such a restrictive list is incompatible with the sharing economy. The Chinese courts have realised this problem and have gone beyond the law in their judgments, taking a cue from their US counterparts. However, many of these decisions appear to be inconsistent with one another.To address the aforementioned problems, this paper examines the latest proposed amendment to the Copyright Law of China and proposes several legislative and judicial actions that could help promote the sharing economy. At the legislative level, enacting legislation based on a refined open-ended fair use model is necessary to promote the development of the sharing economy. At the judicial level, Chinese courts should employ the concept of transformative use to correctly interpret legislation based on the proposed open-ended model. With transformative use as the cornerstone of copyright policy, the public gains the freedom to share others’ works, participate in the innovation process, and create works with new value. Moreover, authors would retain an incentive to create works under such a legal regime because market substitution will not occur if a work is used for a different expressive purpose than that for which the work was originally created. Thus, a balance can be achieved between promoting the sharing economy and protecting the exclusivity of copyright in China.     

An Investigation of Personality Traits in Relation to Adolescent School Absenteeism

We examined the Big Five personality traits of Agreeableness, Conscientiousness, Emotional Stability, Extraversion, and Openness, as well as four narrower traits of Aggression, Optimism, Tough-Mindedness, and Work Drive in relation to absences from school for middle- and high-school students. Participants were 248 seventh grade students, 321 tenth grade students, and 282 twelfth grade students. Most of the Big Five absence correlations were significant in the expected direction at all 3 grade levels. While Aggression, Optimism, Work Drive were significantly related to absences, only Work Drive added incremental variance to the prediction of absences beyond the Big Five traits. Study results were generally similar across grade levels. Findings were discussed in terms of dispositional absenteeism, the generalizability of the Big Five trait model, and the utility of more narrowband traits. Implications were drawn for early identification of absence-prone students and the precedent role of personality variables in school absence research on the effects of other variables, programs, and interventions.     

巧用搜索引擎查找信息

搜索引擎是互联网上查找信息的必备工具,本文以Google为例,介绍了如何利用搜索引擎快速准确地在互联网上查找所需的信息。     

网络时代的版权默示许可制度——两起Google案的分析

随着网络技术的发展,默示许可正在成为一种实践,尤其是Google等搜索引擎在搜索、索引、缓存网站时适用的就是"默示许可".首先分析了与Google相关的两起涉及默示许可的典型案例.面对网络的开放性与版权的封闭性之间的冲突,从技术、法律、社区规则之间的张力入手,承认网络社区的"自生自发秩序",建议在法律上将实践中形成的默示许可确立为一种法定权利限制.     

The rule of law online: Treating data like the sale of goods: Lessons for the internet from OECD and CISG and sacking Google as the regulator

The decision of the Court of Justice of the European Union (“CJEU”) in the case of Google Spain SL v Agencia Española de Protección de Datos (AEPD) ² [“the Google decision”] to require Google to enforce a right to be forgotten has caused a furore and sets a dangerous precedent in internet regulation. ³ It is setting up the search engine as a form of Internet Government and fracturing the balance between privacy and freedom of information in the connected world. In a world where we have become attuned to full exposure by routinely signing over access to information, privacy is no longer the issue – the real concern is control. This paper seeks to address the issues of whether we have a right to privacy anymore, who should be making decisions about what is available and where and how a global convention on access to information might be achieved.     

Google liability for misleading or deceptive conduct: Australian perspective

On 6 of February 2013, the Australian High Court handed down an important decision in respect of the Google Inc's (Google) appeal against the decision of the Full Federal Court of Australia, holding that Google a search engine operator was not liable under s 52 of the Trade Practices Act (TPA) 1974 (Cth) for misleading or deceptive conduct (in respect of misleading advertisements published using Google's online ‘AdWords program’). The decision of the High Court is of great significance for jurisprudence on misleading and deceptive conduct with its broad implications for search engine providers such as Google, advertisers and trademark owners.     

Green Drive

正In the face of environmental degradation,a replacement needs to be fostered for gasoline automobiles By Deng YaqingAs the atmosphere is increasingly affected by the burning of fossil fuels,the use of new-energy cars,theoretically including electric vehicles,plug-in hybrid electric vehicles and fuel cell vehicles,represents an inexorable trend for the automobile industry.     

Cloud Data Imager: A unified answer to remote acquisition of cloud storage areas

The pervasive availability of cheap cloud computing services for data storage, either as persistence layer to applications or as mere object store dedicated to final users, is remarkably increasing the chance that cloud platforms potentially host evidence of criminal activity. Once presented a proper court order, cloud providers would be in the best position for extracting relevant data from their platforms in the most reliable and complete way. However, this kind of services are not so widespread to date and, therefore, the need to adopt a structured and forensically sound approach calls for innovative weaponry which leverage the data harvesting capabilities offered by the low level program interfaces exposed by providers. This paper describes the concepts and internals of the Cloud Data Imager Library, a mediation layer that offers a read only access to files and metadata of selected remote folders and currently supports access to Dropbox, Google Drive and Microsoft Skydrive storage facilities. A demo application has been build on top of the library which allows directory browsing, file content view and imaging of folder trees with export to widespread forensic formats.