Hosting Service Providers Research Articles

Novels of the legal regulation of copyright protection on the Internet

The article is devoted to the analysis of the current state of the system of Ukrainian legislation in the field of copyright protection on the Internet, as well as to the provision of proposals on the basis of this analysis to improve the regulatory regulation of copyright protection on the Internet.
 It has been established that the development of the latest digital technologies, the large-scale use of the Internet, along with numerous positive aspects, causes a number of problems related to the protection of copyright.
 It is noted that in the field of improving the protection of intellectual rights in general and copyrights in particular, positive changes have taken place in recent years regarding the protection and protection of copyrights. An important step in the field of copyright protection was the adoption in December 2022 of the new Law «On Copyright and Related Rights».
 Innovations in the field of copyright protection on the Internet, which are provided for by the new Law «On Copyright and Related Rights», have been analyzed. In particular, the new powers of the patent attorney, cases of extending the time limits for the performance of certain actions by website owners and hosting service providers, the procedure for holding the hosting service provider or website owner to account for failure to perform certain actions provided for by law, new opportunities for the applicant to specify data on hosting provider or website owner.
 Considering the procedure for copyright protection in court, it is proposed to introduce the «John Doe» concept into the rules of procedural law, according to which the right holder has the opportunity to initiate legal proceedings even when the identity of the offender is not established at the time of filing the lawsuit.
 The authors draw attention to the need to create a specialized court that will consider disputes in the field of intellectual property, work on the creation of which began back in 2017, but is currently incomplete and slowed down.
 In the conclusions to this article, the authors substantiate the relevance and need for further research in this area, as well as the need for further reform of national legislation in the field of copyright protection on the Internet in order to reduce offenses in this area and effectively protect the rights of authors.

The characteristics of the new powers granted to consumer protection authorities under Regulation 2017/2394

The subject of the article is the characteristics of the new powers granted to consumer protection authorities under Regulation 2017/2394. They concern the possibility of interfering with the online interface of a trader who commits cross-border infringements of collective rights of consumers concluding contracts in the digital area. Powers include the ability to remove content or to restrict access to an online interface; to order a hosting service provider to remove, disable or restrict access to an online interface; or the power to order domain registries to delete a fully qualified domain name. The text discusses the reasons for introducing such regulations and the manner of their implementation in the draft national regulation, as well as a brief discussion of legal solutions in selected Member States. Attention was also drawn to the issue raised in the public debate on the compliance of provisions authorizing administrative authorities to interfere with websites with the criteria formulated in several recent judgments of the European Court of Human Rights.

Retracted Article: What to Retain and What to Change in Asian Hand Surgery.

The Journal of Hand Surgery Asian-Pacific Volume (JHS-AP) has retracted the above paper from its June 2023 issue (Volume 28, Issue 3). An edited version of this article has been previously published in the February 2023 issue (Tang JB. Towards Better Hand Surgery. J Hand Surg Asian Pac Vol. 2023 Feb; 28(1):1-4. doi: 10.1142/S2424835523400015). The online version of the above paper (Tang JB. What to Retain and What to Change in Asian Hand Surgery. J Hand Surg Asian Pac Vol. 2023 May 5. doi: 10.1142/S2424835523300013) has been removed from the JHS-AP webpage and all hosting service providers have been informed of this move.

Sistem Pendukung Keputusan Pemilihan Web Hosting Terbaik Menggunakan Metode ROC dan Metode WASPAS

In Indonesia, there are several well-known hosting service providers such as Hostinger, Niaga Hoster and others. Each hosting provider has its own advantages both in terms of features and price offered, as well as providing additional features for free. Even so, users need to pay attention to some problems that may arise, such as problems with interrupted access and slow website speeds, limited storage capacity and low CPU, as well as security concerns. Therefore, in this study, researchers used decision-making techniques with decision support systems. In spk, of course there are many methods that are presented to the user so that the user can freely choose what method to use for solving each problem that occurs, the previous researcher has conducted a literature study on researchers who have conducted similar research on the research that I made, where there are several research conducted using only one application method, namely the WASPAS method, so of course it is less effective if the weighting of the importance level of the criteria is self-determined, so the researcher uses the WASPAS method as a ranking of 7 alternatives to be dissected and also uses the ROC method as a weighting method for 5 criteria in determine the best web hosting. The results showed that Niaga Hoster was the best choice with a final score of 0.9879, followed by Rumahweb with a final score of 0.9325, and Jagoan Hosting with a final score of 0.9184

독일의 저작권-서비스제공자법 (Urheberrechts-Diensteanbieter-Gesetz)의 주요 내용 분석과 시사점

Recently, some online platform regulations have been the subject of debate regarding Platform Responsibilities in the EU, U.S.A., Korea, and Japan. In 2019, the European Union introduced Article 17 of the Digital Single Market Directive that strengthens liabilities for online content-sharing services providers (OCSSP). First, in the EU, Germany enacted a new Copyright-Service Provider Act to introduce Article 17 whose directive is the OCSSPs’ direct responsibility for communicating copyright-infringing content to the public and to make their best efforts to obtain licenses from the copyright-holder to receive immunity from copyright infringement. OCSSPs must take blocking measures to prevent the continuous upload of copyright-infringing content in the future if the right-holder of the contents informs OCSSPs of the substantial information that copyright infringing content is servicing their platform. The German Act introduced some articles to respond to an overblocking measure of OCSSPs. For example, “Uses authorized by law”, “Uses presumably authorized by law”, “Minor uses”, and “Flagging of uses authorized by law” are introduced to ensure the fundamental rights of service users. In addition, OCSSPs should pay compensation to the copyright-holder and related-rights holder, if works are used for fair use. Compared to the Korean Copyright Act, OCSSPs may belong to a hosting service provider and a special type of online service provider. An obligation to obtain a license, to take notice and stay down, and to pay compensation, is necessary for debating the improvement of Korea’s online service provider immunity regulations.

The notice and action procedures in the eu and its role in internet-related disputes

Today Internet has been serving not only to exchange information, but it is a place of offering different services. Hosting service providers can be categorized as one type of online intermediaries, which provide a huge amount of information through their websites. However, they do not know which information is illegal until someone notifies them about illegal content on their website. In another word, hosting service providers should have “actual knowledge” to take action against illegal content. If they do not have actual knowledge, they should not be liable for illegal content, which they host. This article explains how notice and action procedure works in the EU and shows some main issues of its legal framework. In first section, it analyzes the different ways of interpretation of “actual knowledge” and its horizontal application to all illegal contents. Then it discusses how fast illegal contents should be removed or disabled regarding with different types of illegal contents. Finally, it recommends some future reforms to EU legislation in order to make this procedure more transparent and fair.

Rethinking Liability Rules for Online Hosting Platforms

With the growing economic and societal importance of online platforms, the question of their liability for illegal content or products they host becomes more important. Based on an analysis of platforms’ incentives, we address the appropriate liability rule for hosting service providers and derive policy recommendations for an efficient liability regime in the European Union. Online hosting platforms may take monitoring efforts on their own initiative that are suboptimal due to the presence of externalities and asymmetric information problems, warranting some form of liability rules. However, for more fundamental reasons of free speech and preventing censorship, policy makers may want to be cautious in entrusting – and burdening – private parties which such an extensive ‘policing’ role. Additionally, higher monitoring requirements may disproportionally burden small entrants. As we argue, since several actors participate to the diffusion of illegal material online, the responsibility of a safe Internet should be shared among all these actors. Concrete regulatory improvements may encourage online hosting platforms to do their part in monitoring proactively and diligently, such as affirming a good Samaritan clause.

Public Provocation to Commit a Terrorist Offence: Balancing between the Liberties and the Security

Modern terrorism is global and decentralized like cyberspace. While the Darknet is mostly used by terrorists for fundraising campaigns and illicit trading, publicly accessible social platforms such as Twitter, Facebook or YouTube are abused for terrorist propaganda. Combating terrorism remains one of the top priorities of the European union (hereinafter as “the EU”). The approach towards the online content possibly connected to terrorist propaganda has become stricter.This paper focuses on the development of the EU legislation on the offence related to terrorist activities: the public provocation to commit a terrorist offence, as well as on the obligations of hosting service providers. It also analyses the impact of the Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA. The article observes a changing attitude on private monitoring of online information in the development of the EU legislation. It analyses changes in the Proposal for a Regulation of the European Parliament and of the Council on preventing the dissemination of terrorist content online. These changes signify a shift in the perception of the necessary level of freedom to receive and impart information through the internet.

Rethinking liability rules for online hosting platforms

Abstract With the growing economic and societal importance of online platforms, the question of their liability for illegal content or products they host becomes more important. Based on an analysis of platforms’ incentives, we address the appropriate liability rule for hosting service providers and derive policy recommendations for an efficient liability regime in the European Union. Online hosting platforms may take monitoring efforts on their own initiative that are suboptimal due to the presence of externalities and asymmetric information problems, warranting some form of liability rules. However, for more fundamental reasons of free speech and preventing censorship, policy makers may want to be cautious in entrusting—and burdening—private parties which such an extensive ‘policing’ role. Additionally, higher monitoring requirements may disproportionally burden small entrants. As we argue, since several actors participate to the diffusion of illegal material online, the responsibility of a safe Internet should be shared among all these actors. Concrete regulatory improvements may encourage online hosting platforms to do their part in monitoring proactively and diligently.

Sustainability in Online Video Hosting Services: The Effects of Serendipity and Flow Experience on Prolonged Usage Time

Online video hosting services have been a highly competitive e-commerce application in recent years. The service providers constantly seek viable ways for users to prolong usage time as a model for sustainable business development. In this study, we propose a framework to verify the impact of perceived serendipity on flow experience and prolong usage time. In addition, we verify the factors of online video platforms that affect perceived serendipity, such as enabled connections, introduced unexpected information, and induced curiosity. This study used questionnaires to survey YouTube users and analyzed 405 samples using the Structural Equation Model (SEM) method. The result shows that enabled connections and introduced unexpected information significantly affect perceived serendipity, which significantly impacts on the flow experience. Although induced curiosity does not significantly affect perceived serendipity, it directly affects the flow experience. Moreover, both perceived serendipity and flow experience positively affect intentions to prolong usage time. The results validate that serendipity is another antecedent of flow experience, and support the assumption that increasing the likelihood of perceived serendipity will affect users’ intention to prolong usage time in online video hosting services. The implication of research and discussions provides references for online video hosting service providers in marketing and operations.

Liability of Hosting Providers for User-Generated Content: Polish Law Perspective

The evolution of Web 2.0 hosting services is affected by the increasing number of copyright infringements on the Internet. Each time the court considers another case of hosting service providers liability for copyright infringement, the standards of liability change. However, the most important issues remain the same: business model of the hosting provider and the way it responds to the notice-and-take down procedure. Recent years have added a new element to the puzzle, the judgment in the case of the major Polish hosting provider Chomikuj.pl.

ЗАГАЛЬНІ ПІДХОДИ ДО ВИЗНАЧЕННЯ КОЛА СУБ’ЄКТІВ ЮРИДИЧНОЇ ВІДПОВІДАЛЬНОСТІ ЗА ПОРУШЕННЯ ОБ’ЄКТІВ АВТОРСЬКОГО ПРАВА ТА СУМІЖНИХ ПРАВ У МЕРЕЖІ ІНТЕРНЕТ

У статті досліджуються проблемні питання щодо визначення видів порушень та кола суб’єктів юридичної відповідальності за порушення об’єктів авторського права та суміжних прав у мережі Інтернет. Звертається увага, що одним із найбільш поширених видів порушень у мережі Інтернет є порушення авторських прав. На підставі аналізу вітчизняних та міжнародних нормативно-правових актів визначено коло суб’єктів надання інформації (посередницьких послуг) у мережі Інтернет та вчинення ними порушень, за які вони можуть нести юридичну відповідальність, пропонуються шляхи удосконалення законодавства у сфері охорони авторського права.

Neglected Cybersecurity Risks in the Public Internet Hosting Service Providers

The provision of cybersecurity is of basic importance for every effective information system It is possible to provide most rich information services, but only one neglected cybersecurity risk may compromise the system and all services it provides Therefore, meeting the cybersecurity requirements is a prerequisite for the safety and security of IT infrastructures, digital resources, and the protection of private data In that respect, the themes of cryptography and sufficiently robust random number generation are of particular interest This article looks for the golden ratio between the provision of mass services and the efforts to meet cybersecurity requirements It suggests a method and discusses the possibilities to increase the cryptographic protection in information systems

The Proposed Regulation on Preventing the Dissemination of Terrorist Content Online: Safeguards and Risks for Freedom of Expression

In September 2018, the European Commission released its proposal for a Regulation on preventing the dissemination of terrorist content online. As stated in the Explanatory Memorandum, terrorists ‘misuse the internet to groom and recruit supporters, to prepare and facilitate terrorist activity, to glorify in their atrocities and urge others to follow suit’. The misuse, as further explained, highlights the “particular societal responsibility” of internet platforms to protect their users from exposure to terrorist content. The Explanatory Memorandum notes that several hosting service providers have put in place certain voluntary measures to tackle terrorist content on their services. The measures, however, are not considered sufficient. The proposal, therefore, attempts to address the problem of terrorist content disseminated online by imposing certain obligations on hosting service providers. As set out in Article 1, the proposal lays down: 1) rules on duties of care to be applied by hosting service providers to prevent the dissemination of terrorist content and ensure its swift removal; and 2) a set of measures to be put in place by Member States to identify terrorist content, to enable its swift removal by hosting service providers and to facilitate cooperation between stakeholders. In particular, the proposal describes several methods to prevent dissemination of terrorist content online, for example, content referrals, removal orders, and proactive measures. Importantly, the proposal also includes a number of safeguards that attempt to prevent disproportionate interference with fundamental rights, in particular the right to freedom of expression and access to information. The aim of this paper is to analyse the proposed regulation for the prevention of online terrorist content from the perspective of the current legal framework, including the EU Charter of Fundamental Rights, and the accompanying CJEU case law. The analysis provided here is not intended to be exhaustive. Rather, the purpose of the paper is to highlight specific elements of the proposal that raise particular concerns from the perspective of the existing framework. On 3 December 2018, the EU Council released its version of the proposal (general approach). The paper focuses on the Commission’s proposal but points out relevant changes in the Council’s general approach.

Searchable Encryption for Healthcare Clouds: A Survey

Outsourcing medical data and their search services to a third party cloud have been a popular trend for many medical practices, because using healthcare cloud services can help cut down the cost of Electronic Health Records (EHR) systems in terms of front-end ownership cost and IT maintenance burdens. Healthcare cloud applications need searchable encryption with the following two capabilities for protecting data privacy and access privacy: (1) the healthcare providers need to share the encrypted data with authorized users and enable querying over encrypted data, and (2) they also need to keep the query keywords and associated search operations private such that healthcare data hosting service providers cannot gain access to unauthorized content or trace and infer sensitive data stored in the healthcare cloud. This survey paper describes the notion of searchable encryption (SE) in the context of healthcare applications and characterize the SE use cases into four scenarios in healthcare. Then we provide a comprehensive overview of the four representative SE techniques: searchable symmetric encryption (SSE), public key encryption with keyword search (PEKS), attribute-based encryption with keyword search (ABKS), and proxy re-encryption with keyword search (PRES) according to different EHR retrieving scenarios and requirements. We categorize and compare the different SE schemes in terms of their security, efficiency, and functionality. The survey is designed to benefit both experienced researchers in the computer science (CS) field and non-specialists who are domain scientists or healthcare professionals with limited CS and information security background. Thus, we are in favor of technological overview of the state of art searchable encryption models and the underlying key techniques, instead of detailed proofs and constructions of the respective SE algorithms. We describe how the existing SE schemes relate to and differ from one another, and point out the connections between the SE techniques and the security and privacy requirements of healthcare applications and the open research problems.

Rethinking the notion of hosting in the aftermath of Delfi: Shifting from liability to responsibility?

Liability of Internet intermediaries for a third-party content is a complex topic, especially with regards to the storage of illegal or harmful postings offered by portals. The E-Commerce Directive offered a liberal framework for handling such cases, provided that a hosting service provider has not played an active role in content management. Being passive turned out to be the key precondition for immunity under safe harbour provisions. Yet, after the Delfi ruling the legal landscape has changed radically. Although the judgment of the Strasbourg tribunal has been dismissed in some jurisdictions as an error or one-off case, the truth is that it took into account acquis communautaire and imposed liability on the news portal, which followed the guidelines of Google France and eBay rulings. Given the lack of predictability of the current legal framework, the aim of this contribution is to offer a deep-dive into the notion of hosting from a technical perspective in order to better understand why Articles 14–15 of the E-Commerce Directive may require a re-examination. It is also submitted that portals and other online service providers relying on a broad construction of safe harbours should be entitled to Good Samaritan protection akin to section 230 of the American Communications Decency Act in order not to hold them liable for being active in fighting hate speech and other forms of illegal and harmful conduct.

Review of Korea and U.S. Courts' Decisions for File Hosting Service Providers' Safe Harbor Provisions of DMCA 512(c) and Copyright Act 102.

Review of Korea and U.S. Courts' Decisions for File Hosting Service Providers' Safe Harbor Provisions of DMCA 512(c) and Copyright Act 102.

Hierarchical Forecasting of Web Server Workload Using Sequential Monte Carlo Training

Internet service utilities host multiple server applications on a shared server cluster (server farm). One of the essential tasks of the hosting service provider is to allocate servers to each of the websites to maintain a certain level of quality of service for different classes of incoming requests at each point of time, and optimize the use of server resources, while maximizing its profits. Such a proactive management of resources requires accurate prediction of workload, which is generally measured as the amount of service requests per unit time. As a time series, the workload exhibits not only short time random fluctuations but also prominent periodic (daily) patterns that evolve randomly from one period to another. We propose a solution to the Web server load prediction problem based on a hierarchical framework with multiple time scales. This framework leads to adaptive procedures that provide both long-term (in days) and short-term (in minutes) predictions with simultaneous confidence bands which accommodate not only serial correlation but also heavy-tailedness, and nonstationarity of the data. The long-term load is modeled as a dynamic harmonic regression (DHR), the coefficients of which evolve according to a random walk, and are tracked using sequential Monte Carlo (SMC) algorithms; whereas the short-term load is predicted using an autoregressive model, whose parameters are also estimated using SMC techniques. We evaluate our method using real-world Web workload data

System support for web hosting services on server clusters

The Web hosting service is becoming increasingly important in which the service providers offer system resources to store and provide Web access to contents from individuals, institutions, and companies who lack resources or expertise to maintain a Web site. Web server cluster is a popular architecture used by the hosting service providers as a way to create scalable and highly available solutions. However, hosting a variety of contents from different customers on such a distributed server system faces new design and management problems and requires new solutions. This paper describes the research work we are pursuing for constructing a system to address the challenges faced by hosting Web content on a server farm environment. We also report performance data measured from a real hosting service.

Trust and security in virtual organisations

Technologies such as Web Services and grid computing are making it technically possible for companies to co-operate more closely, coupling their automated business processes and sharing resources dynamically and flexibly. They should make practical new business models in which small specialist companies with complementary capabilities combine flexibly to provide a range of services currently only within the scope of large corporations. A coalition of enterprises co-operating in this way is termed a virtual organisation (VO). Achieving the benefits of co-operation while retaining agility, autonomy and security remains a significant challenge. This challenge is being addressed by TrustCoM, a research collaboration involving Atos Origin sa, BAE Systems, BT, CCLRC, ETH, HLRS, IBM, Imperial College London, King's College London, European Microsoft Innovation Centre, NRCCL, SAP, SICS, SINTEF, the University of Milan, and the University of Kent. TrustCoM will provide a conceptual and architectural framework for secure and flexible co-operation plus methods and tools for implementing it in a variety of business contexts. Two practical test-beds are being constructed as part of the project -- one set in the aerospace industry, and the other concerning provision of tailored composite eLearning services by a consortium of training service providers. An important concept to emerge from TrustCoM is the VO virtual hosting environment or shell. This is an implementation of the kernel of the TrustCoM framework operated by a hosting service provider as the nucleus around which a community of enterprises may form. A community hosted by the environment -- typically operating in a particular industry or application domain -- must be bound by agreements, conventions and procedures that facilitate co-operation. The joining process involves federating the new SME's platforms with the core platform, agreeing to contracts, registering services, and so on. The environment incorporates facilities to support VO formation and secure operation, including trust-enhancing and policy enforcement mechanisms. This paper describes the main concepts and features of the TrustCoM framework as used in a virtual hosting environment.