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Summary (Lectures and Literature) ICT&Contracts 2020_2021
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Summary (Lectures and Literature) ICT & Contracts 2020_2021
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Summaries: Law and Technology LLM Tilburg UniversityAcademic Year: 2020-2021
! Disclaimer: Copyright of slides, schemes, pictures belongs to Tilburg University, its lecturers
and/or respective owners !
, 2020/2021
Chapter 1: Introduction
• describe what commercial contracting in an IT context encompasses;
• explain the interplay between contract law and IT-law in the field of IT-contracting;
• describe the basics of cloud computing and its modes of delivery (IaaS, PaaS, SaaS);
• explain the differences between cloud computing and ‘traditional’ IT;
• describe what an IT-project encompasses;
• describe the basic structure of a contract for an IT-project
Lecture
Cloud Computing: ‘Cloud’; a paradigm that allows on-demand network access to shared computing resources. It
is a model for managing, storing and processing data online via the Internet.
Characteristics:
• On-demand-service (you use it when you need it)
• Network access (Uses internet as a medium)
• Shared resources (used by multiple clients)
• Scalability (allows elasticity or resources)
Three delivery models
SaaS PaaS IaaS
On demand service: pay per use of Made up of a programming This service offers the computing
application software to users language execution environment, architecture and infrastructure, all
an operating system, a web server computing resources but in a virtual
and a database à encapsulates the environment so that multiple users can
environment where users can access them.
build, compile and run their
programs without worrying about Recourses include data storage,
underlying infrastructure virtualization, servers, networking
Independent platform: do not need to Users: manages data and the Most vendors are responsible for
install software on your PC application resources managing resources
Runs a single Instance of the Software: Developers: users of PaaS Users: responsible for handling other
available for Multiple End Users resources such as Apps, Data e.tc.
Cloud Computing Cheap: resources Users: SySadmins
managed by the vendor
Accessible via a web browser or
lightweight client applications
Users: end-customers
Pros: universally accessible from any Pros: cost effective rapid Pros: flexibility, cloud provides the
platform, no need to commute – can development, faster market for infrastructure, enhanced scalability –
work from anywhere, collaborative developers, easy deployment of dynamic workloads are supported
working, allows for multi-tenancy web apps, private or public
deployment is possible
Cons: portability and browser issues, Cons: developers are limited to the Cons: security risks, network delays
internet performance may dictate overall providers’ languages and tools,
performance, compliance restrictions migration issues such as the risk of
vendor lock-in
,IT System: basic components
• Software applications
• Data
• Hardware
• Storage
• Network connections
• Key issue: who provides (owns/controls) which components
è IT Service models (answers to ownership/control question)
Contract for an IT project: structure and contents (not a mandatory list, freedom of contracts)
Title of Agreement, Parties, Considerations (whereas...)
Definitions, Scope of the agreement (e.g. the delivery of IT system for a hospital), Term of agreement, further
specification of the various elements of the scope of the agreement (what it includes)
Communication (between user-client-supplier), Additional Work, Audit rights
Continuity (escrow, back-up, recovery), testing and acceptance, charges and payment, warranties, liability,
penalties, force majeure, insurance, confidentiality, data protection, security, IP
Personnel, termination and consequences, assignment and change of control, sub-contracting, severability, dispute
resolution and applicable law, notices, signatures, schedules
Literature
Cloud Computing: a way of delivering computing resources as a utility service via a network, typically the
Internet, which can be scalable according to user requirements
• Computing Resources: can range from raw processing power and storage (e.g. servers, storage
equipment) to full software applications
• Scale and scalability: ideal for fluctuating environments
• Technical terms: cloud computing is an arrangement whereby computing resources are provided on a
flexible, location-independent basis that allows for rapid and seamless allocation of resources on demand
Delivery of cloud services depends on arrangements of multiple layers between various providers. Usually fall
into one or more of the following three categories of services:
a. Infrastructure as a Service (IaaS): raw computing resources, such as processing power (‘compute’) or
storage
- Generally, involves relatively low-level functionality for users
- Requires greater user sophistication and expertise
- Including more hands-on micromanagement
- Flexibility, fine control
- Providers are increasingly offering higher functionality
b. Platform as a Service (PaaS): platforms for developing and deploying software applications
- Users do not need to manage raw processing/storage resources actively
, - May focus on programming applications to be hosted via the service
- In the middle of the above/below
- Providers may offer low-level detailed control
c. Software as a Service (SaaS): end-user applications
- High-level functionality
- Requires less user technical expertise
- Offers less user control
- Most commonly used type of cloud service amongst consumers, because it enables users to procure
use of application software quickly without installing any other software
- Example: email, backup recovery
Ø ‘As a Service’ emphasizes change in focus from products/licenses to resources
Ø Service models sit on a spectrum from IaaS to PaaS to SaaS rather than being separate
Ø Boundaries between them are unclear
Cloud Deployment models:
• Private cloud: infrastructure is owned by/operated for the benefit of a single large customer/ group of related
entities.
• Public cloud: infrastructure shared among multiple users using the same hardware and/or software, usually
off-premise
• Community cloud: infrastructure is owned by/operated for/shared among a specific group of users with
common interests
• Hybrid cloud: mixture of the above
Chapter 2: Cloud Computing and its role in the current landscape
Cloud Computing Resources and Technologies
A. IaaS
• Pooled computing resources in IaaS are mainly used for data processing (‘compute’ capability), storage
and networking or other connectivity services
Compute
• Key enabler: development of virtualization technologies
• Involves using ‘virtual machines’ (VMs): via virtualization technology a physical server may ‘host’
multiple VMs
• Each VM operates in a virtual server, independently within its own operating system
• Different users (tenants) may independently create and run their own VMs and apps within one physical
server, multiple users may share use of common physical infrastructure
• VMs on one physical machine may share use of the same physical resources e.g. hard disks
• Users and their VMs are isolated from each other by virtualization software
• (+) shared use enables efficiencies, (-) raises security concerns such as that the provider/another tenant
will access with data of another tenant within same hardware
• VMs are created and may be booted from stored files (virtual machine images, VMIs)
o Allow quick deployment of multiple pre-configured VM instances from a single ‘template’ file
o Format, storage and precise arrangements for VMI use may have an impact on security, data
location and competition law
• Several components involved in IaaS:
(a) Virtualization software
(b) VMI files
(c) Operating systems installed within VMs
(d) Application or other software that users install and run on such operating systems
• Not all cloud computing requires VMs use but may still involve virtualization in abstract
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