As companies contemplate moving their existing data, software, and/or infrastructure applications to a cloud service, whether public, private, or a hybrid between the two, potential traps lurk for the unwary. Many such challenges have been widely reported and discussed, such as issues relating to securing a company’s sensitive customer data in the cloud. See “Cloud Computing Down to Earth: A Primer for Corporate Counsel,” CorpCounsel, February 28, 2011.
Less widely publicized, but no less daunting, are the challenges that migrating business software to the cloud pose for companies’ copyright oversight. If this is not managed properly, companies may face expensive copyright infringement liability — simply for continuing to use a cloud-based implementation business software that the company may have previously licensed and used for years. Given the long shadow of the copyright laws, it may be far better to seek permission than forgiveness.
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