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5856 results in Facet Publishing

Page 194 of 293

  • The future of information science

  • David Bawden, Lyn Robinson
  • Book:
    Introduction to Information Science
    Published by:
    Facet
    Published online:
    09 June 2018
    Print publication:
    31 July 2012, pp xxiv-xxvi

  • Summary

    The future is always beginning now

    Mark Strand

    Information is at the centre of our society. It is what we often talk about, it appears frequently in the media, it is often labelled as our most important asset. Even our time is, taking into account the importance of information, labelled the ‘information age’. We feel threatened by information overload, some may even suffer from information anxiety. On the other hand we cannot survive without it; we need information every moment of our lives.

    And yet information science, the science having information at its focus, is experiencing an identity crisis. This is not new. For more than half a century information scientists have had to explain, over and over again, what their discipline was, and repeat that they were neither computer scientists nor librarians, while closely cooperating with them – and others. Could the reason be the interdisciplinary nature of the field? So outsiders notice the methods and theories taken from psychology, sociology, statistics, philosophy, etc., and do not see the added value of information science, particularly the focus on the object of the research: information.

    Or is it because ‘information’ itself is so vaguely and variously defined? Or have information scientists never had good public relations skills, so that they could communicate the message and become more visible? Part of the problem, at least in some environments, may also be attributed to the often used phrase ‘library and information science’ (LIS). While possibly accepted by librarians, the phrase does not do justice to information scientists, limiting them to the context of libraries only.

    While all this may seem a less important issue – information science has, after all, survived and flourished – the lack of understanding of information science is the highest hurdle for the implementation of its research results in practice. As the result, we encounter websites which are completely unintuitive, information systems aimed at the general public for which one needs specific training (e.g. library catalogues), unattractive interfaces, confusing subject arrangements, and so on. Let us take library catalogues as an example.

  • Preface

  • David Bawden, Lyn Robinson
  • Book:
    Introduction to Information Science
    Published by:
    Facet
    Published online:
    09 June 2018
    Print publication:
    31 July 2012, pp xiii-xiv

  • Summary

    Our aim in writing this book was to describe in outline, and to set into context, all the important topics within the information science discipline. Since this covers a very wide area, we have not covered any topic in elaborate detail. We have, rather, pointed out the topics and issues, described them briefly and shown how they fit together, explained the terminology, and shown where more detail can be found. The result, we hope, is a good introduction to the ‘logic and language’ of information science. It is intended primarily for students of information science and related topics, but should be accessible to practitioners.

    We have gone into particular detail for those topics not well covered elsewhere. For topics such as information technology, information organization and information retrieval, where there are numerous good sources, we have mainly restricted ourselves to an outline with references. We have not given details of systems, metadata formats and the like, as these change often and can easily be found on the web.

    While we have tried to give up-to-date information, we are well aware that books can get out of date rapidly if they attempt to give too much detail, and so we have focused on basic principles which should not go out of fashion too quickly. Our book has a slightly different emphasis from other texts in the information sciences. We have emphasized concepts and theories, as we believe that a good understanding of these is of more use in the long term than specifics of current systems, services and techniques. We have also emphasized the historical dimension, as we believe it is essential to understand where the discipline and its constituents came from, and why some things are as they are.

    Our approach is rooted in the literature, with copious references, presented at the end of each chapter for ease of access. Our hope is that the text of this book will be sufficient to give a basic understanding of the whole area, and that readers will follow the references for details and examples of those aspects in which they are most interested. The summary text and boxes, and the key references, at the end of each chapter are intended to convey the basic messages in a concise way. The section ‘Additional resources’ mentions a diverse range of sources complementing this book.

  • 13 - Digital literacy

  • David Bawden, Lyn Robinson
  • Book:
    Introduction to Information Science
    Published by:
    Facet
    Published online:
    09 June 2018
    Print publication:
    31 July 2012, pp 287-302

  • Summary

    Any attempt to constitute an umbrella definition or overarching frame of digital literacy will necessarily involve reconciling the claims of myriad concepts of digital literacy, a veritable legion of digital literacies.

    Colin Lankshear and Michele Knobel (Lankshear and Knobel, 2008, 4)

    Introduction

    As the quotation above illustrates, understanding digital literacy, and similar ideas, can be complicated; we will give a simplified account, picking out the most important aspects, without attempting to cover every definition or perspective.

    Digital literacy refers to the ability to use information effectively, in all formats, in a largely digital information environment This is a vital ‘life skill’ for anyone in today's world. All those aiming to work as an information specialist must have a high level of digital literacy themselves, and will be expected to help others achieve the same.

    ‘Digital literacy’ is a relatively new term, describing a set of knowledge, skills and attitudes needed to handle information effectively in a digital age. The term was first popularized by Paul Gilster, in a book of the same name, published in 1997. There have been – as we shall see below – several terms used to refer to these skills and competences, but we believe digital literacy to be the most appropriate.

    Although, as we shall see, the library and information community has made substantial contributions in this area, so have other disciplines, particularly computer science and education. Gilster himself epitomizes this eclectic mix: originally a specialist in medieval literature, he has been a flight instructor, a fulltime writer on internet topics, and most recently a blogger on developments towards interstellar exploration (Gilster, 2011).

    There are various detailed definitions and explanations of digital literacy, but in general we can say that:

    Digital literacy is the set of attitudes, understanding and skills needed to find, communicate and use information effectively, in a variety of media and formats.

    While it relies on an underpinning of basic literacy and of ICT skills, it is more concerned with understanding information resources, and their expression in various formats, and with the ability to evaluate, synthesize, organize and communicate information effectively. Although much information is in digital form, an important aspect of digital literacy is knowing when to use a non-digital source: printed sources, people, etc.

  • The scope of information science

  • David Bawden, Lyn Robinson
  • Book:
    Introduction to Information Science
    Published by:
    Facet
    Published online:
    09 June 2018
    Print publication:
    31 July 2012, pp xix-xxi

  • Summary

    By a variety of measures, information science is in excellent health. The community supports several academic journals and conferences of the highest quality, the iSchools movement continues to grow, and the impact of pure and applied research is keenly felt on the design and development of products and services of many kinds, which benefit society and culture in many ways. A couple of years ago, the publication of the magisterial 3rd edition of the Encyclopedia of library and information sciences provided an especially compelling demonstration of the breadth, depth and vibrancy of the field, in terms not only of problems addressed but also of approaches taken.

    So it's all the more inexplicable that – until now – we really haven't had much of a choice when it comes to introductory textbooks. I remember coming across Brian and Alina Vickery's Information science in theory and practice on the shelves where I worked as a library assistant in 1988 and thinking, ‘Yes – this is the field for me.’ A quarter of a century on, I'm never completely comfortable in my recommendations of similarly inspirational introductions. (Occasionally I've wondered to myself what such a text should now be like; but it's a very good thing I've never attempted to write one. I would get stuck on the first chapter, going round and round on two questions: ‘But … is information science really a science?’ and, maybe even less constructively, ‘But … is information science really about information?’) I should make it clear at this point that the authors of the present work were absolutely adamant that this foreword should not be used to provide a testimonial for their book. But I also feel the need, very strongly, to put on record that a lot of people have been waiting quite some time for just this book.

    My hope and expectation is that newcomers to the field will be inspired by the book to take information science in bold and productive directions. If the field is to continue to have impact at the levels that it has had in the recent past, then clearly it must continue to generate knowledge of fairly specific kinds (e.g., of people's information needs, and of the ways those needs may be satisfied most effectively) that allows for continuous improvements in the design of information access systems.

  • A slippery and ubiquitous concept

  • David Bawden, Lyn Robinson
  • Book:
    Introduction to Information Science
    Published by:
    Facet
    Published online:
    09 June 2018
    Print publication:
    31 July 2012, pp xxiii-xxiv

  • Summary

    Information science is about research and practice on how people collect, organize, store, retrieve and disseminate information and use it, both at individual and social levels. As an academic discipline, information science is often assimilated with information technology, with computer science, the internet or even the web. Few practitioners and scholars are aware of the real nature of this field which originated in the late 19th century from the foundational works done by European pioneers on documentation and bibliography management. The field has grown since its emergence in the 1960s, alongside progress done in computer science and in telecommunications. The evolution of the field is impacted by that of the web and the changes it has wrought in the ways in which information is handled, accessed and disseminated in our digital society. These rapid changes make information science an exciting field but also one that continually faces new challenges and seeks methods to address them. Hence, the field has continually had to interact with many other fields of education and research, in order to devise theories and methods suitable to tackle the evergrowing number of information-centric needs.

    The present book by David Bawden and Lyn Robinson renders a historical and illuminating account of the major figures and contributions in the field. It is a comprehensive but accessible analysis of issues that the field has been dealing with. From a discussion of the epistemological positions and paradigms which form the foundations of the field, to a summary of research in more applied areas like domain analysis, information retrieval and informetrics, the reader is offered a concise and pedagogical insight into the cogent contributions in the field.

  • 9 - Useful sources

  • Charles Oppenheim
  • Book:
    The No-nonsense Guide to Legal Issues in Web 2.0 and Cloud Computing
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    20 July 2012, pp 121-124

  • Summary

    The list of resources below is not intended to be a master list of all relevant sources of information on the topics covered in this book. Such a comprehensive list would be incomplete the day after it was written. Rather it represents those sources that I find the most useful when researching legal issues, or when responding to queries. The list includes textbooks, web-based resources and a few blogs and electronic discussion lists. I have annotated them with comments about the resource in question.

    Textbooks and reference works

    (These are all primarily or solely focused on UK law.)

    Andrews, N. (2011) Contract Law, Cambridge University Press. Standard textbook.

    Armstrong, C. and Bebbington, L. (eds) (2004) Staying Legal, Facet Publishing. Despite its age, a useful set of chapters introducing concepts in information law. Aimed at library and information professionals.

    Bently, L. and Sherman, B. (2009) Intellectual Property Law, Oxford University Press. Well written and comprehensive standard text.

    Carey, P. (2009) Data Protection, Oxford University Press. Lots of practical guidance to the law.

    Carey, P. and Turle, M. (eds) (2008) Freedom of Information Handbook, The Law Society. Series of practice-focused contributed chapters.

    Cornish, W. and Llewelyn, D. (2007) Intellectual Property, Sweet & Maxwell. Standard textbook.

    Derclaye, E. (2008) The Legal Protection of Databases, Edward Elgar. Useful analysis of the laws in the major countries of the world, and their rationale.

    Edwards, L. (ed.) (2005) The New Legal Framework for E-commerce in Europe, Hart Publishing.

    Although somewhat dated, useful for anyone involved in e-commerce activities within the EU.

    Garnett, K. et al. (2011) Copinger and Skone James on Copyright, two volumes, Sweet & Maxwell. A major reference work on copyright and related rights, widely used by lawyers. Expensive and authoritative. It has a major competitor in Vitoria et al.'s book (see below).

    Jay, R. (2012) Data Protection Law and Practice, Sweet & Maxwell. Comprehensive, authoritative and readable – a rare combination.

    Jones, H. and Benson, C. (2006) Publishing Law, Routledge. Although primarily aimed at print publishers, the law as described applies equally to any kind of electronic publishing. Readable and helpful text.

    Kohl, U. (2007) Jurisdiction and the Internet, Cambridge University Press. An excellent analysis of the problems – and possible solutions – raised by differences in the law in different countries.

    MacQueen, H. et al. (2009) Contemporary Intellectual Property, Oxford University Press. Another standard textbook.

  • 6 - Defamation

  • Charles Oppenheim
  • Book:
    The No-nonsense Guide to Legal Issues in Web 2.0 and Cloud Computing
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    20 July 2012, pp 83-92

  • Summary

    Introduction

    This chapter reflects the law of defamation in early 2012. In May 2012 the Government introduced a Defamation Bill to revise the law of defamation – see www.publications.parliament.uk/pa/bills/cbill/2012-2013/0005/13005.i-i.html. Readers are urged to check the progress of this Bill, as it will probably have significant impact on defamation law in England and Wales. A person – an individual or an organization – can sue if someone writes or says something about them that causes them damage. Often, this is not just financial damage, but damage to reputation. In England and Wales, there are two types of defamation. Libel is a defamatory statement in fixed format, such as on paper, in an e-mail, in a tweet or Facebook posting or in a phone text message. Slander is when the defamatory statement is made orally, but has no permanence, for example, no audio recording was made of it. In the case of Web 2.0, it is in fixed format, and so like other internet-related cases (see below) would be considered to be libel. Incidentally, Scots law does not recognize the concept of slander.

    There is a real danger of libel or slander on Web 2.0 services. The informal style of some of the messages encourages informal responses, as does the use of smileys such as :-), ;-) and :-(to indicate the sense in which a person is sending a message. For some obscure psychological reasons that are difficult to understand, when people send a message by keyboarding to screen and pressing the send button, they sometimes include comments that can be far stronger and more abusive than people would care to put on paper, or say to the third party. Maybe it is this lack of non-verbal clues, or the anonymity provided by the internet, that encourages such risky statement making. Even so it is astonishing that they do not realize the risks they are taking, but that is a fact of life.

    To be considered defamatory, the statement must tend to be, or be, likely to lower the reputation of the defamed person among reasonable people who have read or heard the statement.

  • 5 - Freedom of information

  • Charles Oppenheim
  • Book:
    The No-nonsense Guide to Legal Issues in Web 2.0 and Cloud Computing
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    20 July 2012, pp 75-82

  • Summary

    Introduction

    Freedom of information (FoI) is legislation that obliges government and other public bodies to reveal information (often in the form of internal documents) to the public. Many countries around the world, including England and Wales, Scotland (which has similar but distinct legislation) and the USA, have adopted FoI legislation. The Act controlling the law in England and Wales is the Freedom of Information Act 2000. The Freedom of Information (Scotland) Act 2002 governs Scots law. At the time this book was written, there was no FoI legislation covering Northern Ireland. Unlike the DPA, the UK's FoI laws are not tied to any EU directive. There is separate, and even stronger legislation covering information of relevance to the environment (the Environmental Information Regulations 2004, and similar Scots legislation), but that is not considered further in this chapter.

    A basic purpose of FoI legislation is to reduce the public's distrust of government. It improves democracy by giving the public greater access to the workings of government, and a better-informed electorate presumably ensures better government. It reduces the need for whistle-blowing and leaks, and reduces the chances that governments and government-related bodies make expensive mistakes or corrupt decisions. In the UK, FoI legislation was only passed with great reluctance by the then Labour Government, and Tony Blair, the then prime minister, is on record as saying that the legislation was the worst mistake he made when prime minister – a remark that would be viewed with surprise by many. Even having been passed, the England and Wales Act has very wide exemptions, which make it less than useful for many purposes. Thus, for example, it was only after many struggles over the applicability of the Act that Heather Brooke, the campaigner, finally uncovered the scandal of parliamentary expenses. This case set a precedent that the UK Government cannot refuse to disclose details about a public sector employee's salary band and/or expenses.

    There is a degree of tension between any FoI act and data protection legislation, as the latter is designed to prevent the unauthorized disclosure of information about individuals, while the former tries to expose as much information as possible.

  • 8 - Liability

  • Charles Oppenheim
  • Book:
    The No-nonsense Guide to Legal Issues in Web 2.0 and Cloud Computing
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    20 July 2012, pp 109-120

  • Summary

    Introduction

    Liability can be broadly defined as a legal duty or obligation, or, slightly more specifically in the context of this book, the duty of care an individual or an organization owes to another. Failure in that duty means that the person who suffers as a consequence can sue the person or organization for the damage caused. It is important to note that the law of liability differs significantly between different countries. The focus of this chapter will be on UK law. In the UK, liability issues can arise both in contracts, and under the law of tort. This is not necessarily the case in other countries.

    Contracts

    The law of contract is complex and details of it are outside the scope of this book. Readers interested in studying this topic further are recommended to read a standard text on the topic, such as Paul Richards’ Law of Contract (10th edn, Pearson, 2011) or other texts as listed in Chapter 9. Readers should also note that the law of Scotland differs from that in England and Wales in some regards. In a nutshell, a contract is an agreement between two parties. Such an agreement can be verbal, as when one buys some fruit from a greengrocer, but the sorts of contracts that readers are likely to encounter in their professional lives, such as licences for the delivery of electronic resources, are in writing. They must involve an offer of something, for example, permission to access, display and download electronic resources, and an acceptance of that offer, typically indicated by the signing of the contract. Contracts do not have to involve money changing hands, though often they do. Any ‘consideration’ that is valuable to the other party is enough to make the contract legally secure, such as a promise to do something for the other party, or indeed, in some rare cases, a promise not to do something.

    The important issue in contracts as far as liability is concerned is the fact that the supplier of goods or services must use reasonable skill and care in the provision of these services or goods. This applies whether or not the contract is written or verbal, and whether or not money changes hands.

  • 1 - Introduction

  • Charles Oppenheim
  • Book:
    The No-nonsense Guide to Legal Issues in Web 2.0 and Cloud Computing
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    20 July 2012, pp 1-6

  • Summary

    What is Web 2.0?

    There are many varied definitions and descriptions of Web 2.0, but the text provided by Wikipedia and adapted below provides an overview.

    Web 2.0 provides the user with more user-interface, software and storage facilities. Users can provide the data that is on a Web 2.0 site and exercise some control over that data. These sites may have an ‘architecture of participation’, which encourages users to add value to the application as they use it.

    Web 2.0 offers all users the same freedom to contribute, for good or bad. Characteristics of Web 2.0 are: rich user experience, user participation, dynamic content, metadata, web standards and scalability. Further characteristics, such as openness, freedom and collective intelligence, also known as ‘the wisdom of the crowds’ by way of user participation, can also be viewed as essential attributes of Web 2.0.

    Web 2.0 websites include the following features and techniques:

  • • search – finding information through keyword search

  • • links – connect information together into a meaningful information ecosystem using the model of the web, and provide low-barrier social tools

  • • authoring – the ability to create and update content leads to the collaborative work of many rather than just a few web authors; in wikis, users may extend, undo and redo each other's work; in blogs, posts and the comments of individuals build up over time

  • • tags – categorization of content by users adding ‘tags’ – short, usually oneword descriptions – to facilitate searching, without dependence on pre-made categories; collections of tags created by many users within a single system are called folksonomies

  • • extensions – software that make the web an application platform as well as a document server; extensions include software like Adobe Reader, Adobe Flash player, Microsoft Silverlight, ActiveX, Oracle Java, Quicktime, Windows Media, and so on

  • • signals – the use of syndication technology such as RSS to notify users of content changes.

    • A third important part of Web 2.0 is the social web, which is a fundamental shift in the way people communicate. The social web consists of a number of online tools and platforms where people share their perspectives, opinions, thoughts and experiences.

  • 3 - Other intellectual property rights and related rights

  • Charles Oppenheim
  • Book:
    The No-nonsense Guide to Legal Issues in Web 2.0 and Cloud Computing
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    20 July 2012, pp 37-56

  • Summary

    Introduction

    Copyright is not the only type of IPR that someone running, or contributing to, a Web 2.0 service needs to be aware of. There are a large number of other types of IPR they might encounter, such as database right, moral rights, performers’ rights, trademarks or domain names and patents. This chapter considers each of them, outlining some of the pitfalls that Web 2.0 users might fall into.

    Database rights

    In normal everyday usage, a database might be defined as ‘a large collection of data, works and other elements stored electronically’, but the formal legal definition in the CDPA is somewhat different. It defines a database as ‘a collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means’. There are two key differences between the common-sense definition and the formal legal definition. The first is that that the database does not have to be electronic – it could be a collection of printed items or photographs, and so on. The second is that the word ‘large’ does not appear, so even a very modest collection of (say) a dozen items could be considered a database in law. The two definitions do have one thing in common though – there is no requirement in either definition that each individual item enjoys copyright or any other kind of IPR in its own right.

    Exercise 1

    Which of the following would be considered to be a database in law?

  • • the personal library of someone, comprising books and magazines

  • • a university library online catalogue

  • • a collection of First World War poems

  • • a list of shorthand nicknames for, and full e-mail addresses of, contacts, as held by a regular e-mail user

  • • an e-mail thread comprising various contributions, some lengthy and some not, from various individuals

  • • someone's bank statement

  • • a list of the melting points of a few dozen inorganic compounds

  • • a collection of postings on Facebook

  • • a single document built up by several contributor individuals on a wiki.

  • 4 - Data protection and privacy

  • Charles Oppenheim
  • Book:
    The No-nonsense Guide to Legal Issues in Web 2.0 and Cloud Computing
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    20 July 2012, pp 57-74

  • Summary

    Introduction

    Most developed countries have at least a minimum level of data protection legislation in place; the USA is notable in having only limited protection at a federal level, although many states have introduced such legislation. On the one hand, everyone should have the right to freedom of expression, the freedom to hold opinions and to impart information and ideas without justified interference. On the other hand, every individual has the right to privacy – to be left alone. These two worthy concepts can, and do, sometimes collide.

    Typically, a data protection law requires the following:

  • • Data controllers (those who manipulate data about individuals) must register with a supervisory body if they currently, or plan to, use personal data, and if that data can be searched or manipulated using the individual's name (or some code equivalent) as the search key.

  • • Data subjects (the individuals who have data about them stored and manipulated by third parties – every one of us) have the right to inspect what information is held about them.

  • • Data subjects have the right to demand to know whether data is held about them.

  • • Data subjects can sue for damage caused by inaccurate data about them, or for other breaches, such as unauthorized release of such data.

  • • Data controllers must abide by certain general principles and codes of practice.

  • • No doubt there would be exemptions for matters of national security, crime prevention and so on.

  • • There must be systems in place to prevent unauthorized access, deletion or amendment of records containing personal data.

    • However, some countries’ legislation goes much further, for example, stating that:

  • • data controllers must explicitly request the permission of data subjects before handling their personal data

  • • data subjects can insist that data about them is deleted

  • • data subjects are entitled to know to whom data about them has been passed, and where data about them has come from

  • • no decisions about the data subject may be made purely relying on information obtained from personal data files.

  • 2 - Copyright

  • Charles Oppenheim
  • Book:
    The No-nonsense Guide to Legal Issues in Web 2.0 and Cloud Computing
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    20 July 2012, pp 7-36

  • Summary

    Introduction

    The focus of library and information professionals is the handling of information, increasingly these days in electronic form. They are concerned with the creation, dissemination, storage, retrieval, curation and disposal of said information. All these activities involve copyright issues, and it is for this reason that copyright looms so large in the concerns of the professionals. There is therefore no apology for the fact that this chapter, on copyright issues in Web 2.0, is the longest in this book. The chapter examines how one acquires copyright, the vexed question of copyright ownership, the types of materials protected by copyright, the lifetime of copyright works, the restricted acts that only the rights holder can authorize (or refuse to authorize), and issues to do with infringement and how to copy third party materials legally. There is also a discussion on orphan works, differences between UK law and other laws, and recent developments in UK copyright law. Sections of the chapter focus on where copyright law interacts with Web 2.0.

    Recent developments, such as the UK's 2010 Digital Economy Act (discussed further below), have highlighted the tensions between copyright owners and users of copyright works in the current environment of ready availability of machine readable material and contempt for old-fashioned business models among the young. Information professionals are caught up in this tension. They are all keen to respect copyright, but at the same time are finding that governments are passing legislation that hinders rather than helps them in their professional roles.

    UK copyright law is governed by the 1988 Copyright, Designs and Patents Act (hereinafter called the CDPA). Despite its title, the Act says relatively little about the law of patents or registered designs, but it is the key piece of legislation on copyright. Nonetheless, the CDPA is not the only piece of legislation of relevance. Numerous statutory instruments, such as the snappily titled Copyright (Librarians and Archivists) (Copying of Copyright Materials) Regulations 1989, supplement the CDPA, and some other primary legislation, such as the Public Lending Right Act 1979 and the Digital Economy Act 2010 are also relevant.

  • Preface

  • Charles Oppenheim
  • Book:
    The No-nonsense Guide to Legal Issues in Web 2.0 and Cloud Computing
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    20 July 2012, pp ix-x

  • Summary

    The internet in general, and Web 2.0 in particular, have become one of the most important means whereby individuals and organizations communicate with one another these days. That communication may be for the purposes of business or pleasure, and may be between people or organizations that know each other, or which have never met before. The result of this dramatic shift in the way people and organizations communicate is the rise of numerous legal problems associated with the use of these new media.

    The fundamental problem regarding the legal environment for electronic information creation and communication remains as it always has been: the law is complex, often counter-intuitive, varies from country to country, and almost invariably is behind the times in its technology and the culture of users. Those who interact with such services in their professional capacity, say as librarians, information managers, owners of Web 2.0 services or publishers, therefore have a problem in second-guessing what the law might have to say about particular actions (or lack of action) they might take in regard to the uses they make of the services.

    I am not a lawyer. I am a retired academic who has a great interest in the way the law interacts with electronic information. I first got interested in the overlap between the law and information in 1970, when I got involved in patent law and patent information. My interest spread to copyright in 1982, when I got sucked into a fascinating copyright infringement case by accident (ask me about it some time). I got involved in liability for information provision, data protection and electronic information licensing in 1984 through my particular job with what was then called Pergamon Infoline. Again, my job role at the time with Reuters led me into defamation law around 1990. Nowadays, pretty much everything to do with electronic information law is grist to my mill. Nonetheless, I must stress that this book is not a legal textbook aimed at lawyers, but rather, as its title implies, a guide for the perplexed non-lawyer. It should provide a pointer to current issues. It has a focus on Web 2.0, but covers topics relevant to all methods of using electronic information. Nothing in this book is legal advice, and hence the usual caveat.

The No-nonsense Guide to Legal Issues in Web 2.0 and Cloud Computing
  • Charles Oppenheim
  • Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    20 July 2012
  • This title offers expert hands-on advice on getting the most out of web 2.0 and cloud computing. Applications like YouTube, Facebook, Flickr and Slideshare all raise legal problems for the information professional. Whether you're working with, managing or using web 2.0 or cloud computing applications you will need to be able to assess and manage risk effectively. This no-nonsense practical working tool will make the relevant legal principles simple to understand for those with little or no experience and common problems quick to solve when you're struggling with daily deadlines. Each chapter starts with an accessible introduction to the key areas of relevant law and the implications for web 2.0 and cloud computing. Cross-sectoral case studies illustrate real world problems and easy-to-follow, pragmatic solutions allowing you to quickly develop good practice. The relevant practice is discussed in relation to these key topics: the major legal issues raised by Web 2.0 ; an overview of copyright; other intellectual property rights and related rights; data protection including UK and EU law; freedom of information; defamation and global differences in defamation law; cloud computing issues; liability issues. This is an essential toolkit for all information professionals working in public, academic or special libraries, archives or museums, who are working with, using or managing Web 2.0 or cloud computing applications. It also provides a practical introduction to the law on these topics for LIS students and academics.

  • 7 - Cloud computing

  • Charles Oppenheim
  • Book:
    The No-nonsense Guide to Legal Issues in Web 2.0 and Cloud Computing
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    20 July 2012, pp 93-108

  • Summary

    Introduction

    This chapter is somewhat different in style from other chapters in this book in that it considers a wide range of legal issues that can arise in the use of cloud computing services, whether Web 2.0-related or not. There is no single definition of cloud computing, despite the popularity of the term and of the use of cloud services. Very broadly, a cloud computing service is one that provides computing power of some kind without the installation of content, hardware or software application at the client or customer's premises. Wikipedia defines it as follows:

    Cloud computing provides computation, software, data access, and storage services that do not require end-user knowledge of the physical location and configuration of the system that delivers the services.

    Cloud computing describes a new supplement, consumption, and delivery model for IT services based on Internet protocols, and it typically involves provisioning of dynamically scalable and often virtualized resources. It is a byproduct and consequence of the ease-of-access to remote computing sites provided by the Internet. This may take the form of web-based tools or applications that users can access and use through a web browser as if the programs were installed locally on their own computers.

    Cloud computing providers deliver applications via the internet, which are accessed from a web browser, while the business software and data are stored on servers at a remote location. In some cases, legacy applications are delivered via a screen-sharing technology, while the computing resources are consolidated at a remote data center location; in other cases, entire business applications have been coded.

    Most cloud computing infrastructures consist of services delivered through shared data-centers and appearing as a single point of access for consumers’ computing needs. Commercial offerings may be required to meet service-level agreements (SLAs), but specific terms are less often negotiated by smaller companies.

    This is a point I return to later in this chapter. Wikipedia continues:

    Cloud computing exhibits the following key characteristics:

  • • Agility improves with users’ ability to re-provision technological infrastructure resources.

  • • Application programming interface (API) accessibility to software that enables machines to interact with cloud software in the same way the user interface facilitates interaction between humans and computers. Cloud computing systems typically use REST-based APIs.

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