If you and I were at a local Starbucks drinking coffee and plotted a criminal act
(say robbing a bank), would Starbucks be liable? Is Starbucks a co-conspirator since
they provided a platform for us to plan our illegal act? In short, no.
If you and I email back and fourth about that same criminal activity, is GMail/your
ISP liable? In short, no.
If we do rob the bank and FexEx someone the contraband, is FedEx liable? In short,
If I illegally download MP3 music and upload it to Amazon Cloud Storage, Microsoft
Skydrive, Dropbox, or some other similar service, are they liable? A judge last
week said no.
While this seems like a small thing, it is huge. By providing the Cloud providers
legal immunity, the same immunity terrestrial providers enjoy, the legal system has
validated the business model of the entire cloud computing industry and guarantees
an entire industry will not suffer legal limbo. It is still illegal to download
unlicensed content, however, the liability is on the person doing the downloading,
not the company providing the service. (The person would also be in violation of the
terms of service as well.)
This allows the Internet Economy to work. Google is not liable for someone searching
for illegal things, Microsoft is not liable for someone using Excel to plan something
illegal, Dropbox is not liable for what it stores, and Telerik is
not liable for someone using our software for something illegal.
Score one for the lawyers today.
Stephen Forte sits on the board of several start-ups including Triton Works. Stephen is also the Microsoft Regional Director for the NY Metro region and speaks regularly at industry conferences around the world. He has written several books on application and database development including Programming SQL Server 2008 (MS Press).
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