The term âcloud computingâ, i.e. âthe cloudâ, is used to describe a virtual platform in
cyberspace from and to which a user can process store data that is literary, musical,
artistic or informative in nature, and which is accessible via an Internet connection.
The cloud therefore functions as virtual container that holds, processes and
distributes all forms of copyrighted content, and which operates outside the confines
of recognised territorial boundaries. The cloud is not only distributive but
participatory. It fosters a âcut and pasteâ culture by allowing users to access, store,
remix and create content. The cloud promotes user-created content, a term that
encompasses and insurmountable range of actions by users with respect to cloud
content available on the World Wide Web. Prominent scholars have devised a
taxonomy for the categorisation and classification of cloud content to some degree,
but there is wide spread acknowledgement that the nature of the cloud cannot be
confined to a decisive definition, nor its content exact parameters. The inexact nature
of the cloud and its content poses challenges for copyright law, a regime that is
premised on a distinctive subject matter, confined to territorial boundaries and aimed
at identifiable parties with respect to its application. In the cloud traditional copyright
law seems wholly inadequate to provide regulation on matters of infringement, fair
dealing and copyright recognition. Moreover, the inadequacy of the regime for cloud
application threatens to weaken its validity as a mechanism that aims to promote the
innovation of works for the benefit of the general public. If copyright law is to remain
a valid instrument for the regulation of user-created content in cloud computing there
is a definitive need to re-evaluate, revise and expand some of the regulatory devices
thereof to accommodate the expectations and interests of cloud users. Finding a
means to balance the rights of copyright holders against the interests of the general
public has never been more critical, and policy makers have become ever aware of
the need to develop a robust copyright regime for cloud application. Accordingly, this
study aims to investigate the insufficiency of South African copyright law to
adequately regulate the conduct of users who can acquire, remix, upload, derive and
share vast amounts of copyrighted works via the Internet. The purpose of this study
is to analyse potential developments in copyright law for cloud application in order to
gain insight on the regulation and adjudication of user-created content within a South
African context.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:ufs/oai:etd.uovs.ac.za:etd-08052014-130307 |
| Date | 05 August 2014 |
| Creators | Hauman, Mignon |
| Contributors | Mr PS Brits |
| Publisher | University of the Free State |
| Source Sets | South African National ETD Portal |
| Language | en-uk |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.uovs.ac.za//theses/available/etd-08052014-130307/restricted/ |
| Rights | unrestricted, I hereby certify that, if appropriate, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report, allowing distribution as specified below. I certify that the version I submitted is the same as that approved by my advisory committee. I hereby grant to University Free State or its agents the non-exclusive license to archive and make accessible, under the conditions specified below, my thesis, dissertation, or project report in whole or in part in all forms of media, now or hereafter known. I retain all other ownership rights to the copyright of the thesis, dissertation or project report. I also retain the right to use in future works (such as articles or books) all or part of this thesis, dissertation, or project report. |
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