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Open Source Cloud Interoperability Service Level Agreements Legal Considerations
Cloud Wars, Part I: Framing the Standardization in Cloud Computing
Cloud Wars, Part I: Framing the Standardization in Cloud Computing
by Tuomas MT Nurmela & Alex Krikos
This article frames the international cloud SDO environment and process, categorizes cloud standards, and provides an example of the use of categorization.
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Risk Evaporation? Part 1
Risk Evaporation? Part 1
by Drew Bartkiewicz & Meghan Hannes
Virtually every established industry in the world presently involves risk transfer and massive insurance markets to absorb unexpected catastrophic financial or legal impacts, except for the cloud computing industry. Industries that rely on the insurance marketplace range from banking to property, energy to transportation; even the rental car industry relies on insurance for business-sustaining risk mitigation purposes. The cloud computing sector is an emerging industry with enormous promise with equally great unseen, aggregated financial liabilities. Prediction: The risk transfer marketplace for cloud computing will soon take hold through the powerful force of sheer, simple economics.
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Rights and Responsibilities for Consumers of Cloud Computing Services
Rights and Responsibilities for Consumers of Cloud Computing Services
by Daryl Plummer
Over four months during the first half of 2010, Gartner convened an IT council comprising CIOs of large enterprises that consume cloud services. The Gartner Global IT Council for Cloud Services defined six rights and one responsibility of service consumers that will help both providers and consumers establish and maintain successful business relationships. This article is an excerpt from a paper authored by the council and describes some of the most pressing rights and responsibilities, along with the reasons why they are necessary.
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Managing a Cloud Service Level Agreement
Managing a Cloud Service Level Agreement
by J Bruce Daley & Alan Rudolph
Business as usual mode revolves around the normal execution of operations to ensure a reliable service. The data center is up and running, the metrics for downtime, latency, and other measurements are being met. There is a lot of work that needs to done to maintain this order, but the pace of events is steady and everyone knows what to expect.
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Accurately Monitoring Cloud SLAs
Accurately Monitoring Cloud SLAs
by J Bruce Daley & Alan Rudolph
Once the Service Level Agreement (SLA) has been negotiated, the actual work of managing the relationship begins. Interestingly, the responsibility of monitoring performance falls to the customer. Without the right processes and tools, this can be more difficult than it looks.
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Negotiating Cloud Service Level Agreements
Negotiating Cloud Service Level Agreements
by J Bruce Daley & Alan Rudolph
The greatest value of negotiating a service level agreement comes from establishing a strong working relationship that allows the two parties to work together to mend the fence when it falls down.
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eDiscovery in the Cloud: A Nightmare Scenario
eDiscovery in the Cloud: A Nightmare Scenario
by James Berriman & Jack Notarangelo
Your company uses cloud computing as a cost-effective element of its business operations. And then one day your company is sued. What are the implications?
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The Four Step Method of Cloud Service Level Agreements
The Four Step Method of Cloud Service Level Agreements
by J Bruce Daley & Alan Rudolph
Despite some claims, all cloud computing services will be subject to outages. No system, however large, nor process, however elaborate, nor support, however fanatical, can prevent computers from occasionally going down. The important point to keep in mind is the word “occasionally”. Occasional outages should be expected, planned for, and accepted as cost of doing business. What determines the definition of an occasional outage is a negotiated agreement between two parties called a service level agreement (or SLA).
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ClickSoftware – Great Case of an AWS Cloud Adoption: Part 1, Operations
Ofir Nachmani - Chief Evangelist at Newvem Insights Ltd.

My first interview was with Mr. Korach, discussing operation and his “cloud day” as the senior DevOps of this cloud service leader. ClickSoftware started utilizing the AWS cloud for non-critical services such as demos and proof of concepts for new opportunities, customers’ training and development staging environments. According to Mr. Korach, there is a clear separation between the company’s internal needs on the Amazon cloud and the cloud service offering. The former are consumed by the specific provisioned and relevant department (Sales, Professional Services, R&D) in the organization, and are managed and monitored by the company IT department. The latter (i.e., the company’s Cloud services offerings) needs are deployed, managed and monitored by Korach’s DevOps team.


Prepare for the next cloud outage: Analyze and Improve
Ofir Nachmani - Founder and Author at I Am OnDemand blog

It happened again… this was the second AWS outage in the same month. Did you fail to protect your service online? Don’t forget – you can’t pass your liability onto your IaaS vendor. You can find a great amount of knowledge resources with regards to AWS cloud High Availability architectures in Newvem’s resources center, starting from Best Practice for High Availability Deployment all the way to knowing more about how to maintain availability for your specific environment, such as how to maintain a failover to MSSQL DB server, or a case study on how to replicate PostgreSQL DB Between AWS Regions.


5 Steps to design and build your Cloud Computing Infrastructure PDF
Yohan Wadia - Research Engineer at iGATE Patni

Cloud computing necessarily requires coordination not just across a variety of data center infrastructure but disparate teams as well. Organization must be ready and willing to change its thinking about applications and how they are deployed, as well as how they are budgeted and assigned resources. The following article talks about the basic steps one must consider adopting when planning to build their own Cloud Computing Infrastructure


Amazon and Eucalyptus join forces for “Hybrid Cloud” or vs. Open Stack + Other Public Clouds
Mitesh Soni - Research Engineer at iGATE Patni

What you call an alliance when two different kinds of market holders collaborate? By the definition from Google Search, Hybrid means “A thing made by combining two different elements”. Here that thing is an “Alliance”. It is the Alliance of one of the Biggest or arguably the biggest public cloud service provider and one of the biggest private cloud service providers in open source and enterprise versions. As part of this agreement, AWS will support Eucalyptus as they continue to extend compatibility with AWS APIs and customer use cases. Customers can run applications in their existing datacenters that are compatible with popular Amazon Web Services such as Amazon Elastic Compute Cloud (Amazon EC2) and Amazon Simple Storage Service (Amazon S3). For me as a Cloud user it is a simple case of 1st step in the direction of: 1) Acceptance of the existence of “Private Clouds”. 2) Hybrid Cloud implementation


The Future is C-cubed
Tinniam V Ganesh - Founder & Owner at INWARDi Technologies

The future belongs to 3 important technology domains - Communication, computing and the cloud


Who’s Protecting Your Data in the Cloud? All Eyes are on You
Paula Klein - Editor and Community Manager at Smart Enterprise Exchange

A recap of our recent videocast about cloud security. Panelists discussed the issue from both the customer and the service provider perspective. Many questions were raised about who is responsible for cloud security and how useful Service Level Agreements (SLAs) are in contract negotiations.


Tough Questions To Ask Cloud Service Providers
Charles Babcock - Author & Editor-at-Large at Information Week

The cloud is not one thing, so when you're thinking about moving to the cloud, try to find the one that most closely matches the IT environment you've built for yourself. And beware of cloud SLAs, advised Carl Meadows, director of managed services product management at SunGard.


Is There Auditable Security in the Cloud?
Preston Williams III - Senior Partner & CIO at GBC® Global Services

I recently watched the CSPAN coverage of Cloud Computing in political campaigns held at the Graduate School of Political Management at George Washington University. Participants shared their views about cloud computing in campaigns, but the issue of“Auditing through the Cloud” appeared problematic. I put on my “Auditor” hat and began to question a number of issues related to the performance of a reliable audit in a Private, Public or Hybrid Cloud environment. An extensive discussion about various platforms, architectures and application layers as well as corporate protocols and policies provide a lot of food for thought as we consider how, when and if we should deploy a Public or Private Cloud in our enterprise. The ability to establish standards for auditing through the cloud is captured in ISO/IEC27001 “Information Security Management which replaces BS7799-2. The standardapplies Organization for Economic Cooperation and Development (OECD) principlesgoverning security of information and network systems to the process of developing“Best Practices” which will ensure that providers and customers are satisfied with thelevel of transparency, security and verifiability of both the process and the results of anaudit review. The standard is intended to provide a foundation for third party audits.


The Challenge of Cloud Integration
Ray DePena - Principal Advisor at CloudBender.com

Thoughts on James Urquhart’s recent articles on “’Go to’ clouds of the future”.


Cloud Computing Standards – Not This Year
John Considine - Founder & CTO at CloudSwitch, Inc

It’s clear that end users of cloud computing would like to see true interoperability I started out writing a blog about the state of cloud computing to review how things have evolved in the cloud space over the last year (2010 was a good year for cloud computing) but I got sidetracked thinking about how clouds are converging, or in reality, not converging. It’s clear that end users of cloud computing would like to see true interoperability. Companies want the freedom to pick a cloud that meets their needs, without worrying that choices made today will cost them big in the future or lock them in. Interoperability would mean that a company could choose a cloud for a given workload, and if conditions change, they could opt to bring the workload back in-house or move to another cloud environment – without requiring a major engineering project or a shift to a different computing paradigm.


Do SLAs really matter? A 1 year case study of 38 cloud services
Jason Read - Founder at CloudHarmony.com

A year ago we signed up for services with dozens of different IaaS and PaaS cloud providers. We then setup monitoring on each of those services. Scheduled maintenance periods were excluded and we also attempted to manually confirm and document extended outages. This article examines the availability we experienced during one full year with each of these services, and compares that metric to the provider SLAs to determine if there is a correlation between the two.


Cloud Security is Dependent on the Law
James Urquhart - Manager, Cloud Computing & Virtualized Data Centers Marketing at Cisco Systems, Inc

Lately there has been some intersting claims of the superiority of public clouds over privately managed forms of IT, including private cloud environments. Regardless of the technical and organizational realities, there is one element that is completely out of control of both the customer and cloud provider that makes public cloud an increased risk: the law. Ignoring this means you are not completely evaluating the "security" of potential deployment environments.


Crisis Management in Cloud is Courage under Fire
Subraya Mallya - Principal at PrudentCloud.com

Cloud Service providers tout their near 100% availability, reliability and scale. But when accidents happen, and they will, their actions demonstrate their true quality


The intersection of open source and cloud computing
James Urquhart - Manager, Cloud Computing & Virtualized Data Centers Marketing at Cisco Systems, Inc

Cloud computing and open-source software have been intertwined since the early days of the cloud. Vendors such as Amazon.com, SugarCRM, Rackspace, and many others, utilized open-source choices for everything from virtualization to data stores to user interfaces.


Overcast Show - The LAMP Cloud
James Urquhart - Manager, Cloud Computing & Virtualized Data Centers Marketing at Cisco Systems, Inc
Geva Perry - Founder & Blogger at Thinking Out Cloud

In this show James and Geva talk with Krishnan Subramanian of CloudAve about the LAMP Cloud. Geva started the conversation in a GigaOm post, Who Will Build the LAMP Cloud?, and James responded with, Does Cloud Computing Need LAMP?. In an indirectly related post, Krish wrote about the Relevance of Open Source in a Cloud Based World. Now they discuss whether it makes sense, who needs it, and what's the role of open source software in the world of cloud computing? They also discuss the adoption of Platform-as-a-Service and more.


Does Cloud Computing Need LAMP?
James Urquhart - Manager, Cloud Computing & Virtualized Data Centers Marketing at Cisco Systems, Inc

The LAMP stack is a collection of open-source technologies commonly integrated to create a platform capable of supporting a wide variety of Web applications. In response to a blog post on "Who will build the LAMP cloud?" the questions arises if cloud computing really needs LAMP when you consider the new alternatives.


Have SaaS Contracts Become Commodities
Jeremy Aber - Founder at AberLawFirm

Have SaaS Contracts Become Commodities? From a software licensing attorney perspective the answer is in some ways yes, and other ways no. Here is a more thorough explanation.


What is the Purpose of an End User Contract?
Jeremy Aber - Founder at AberLawFirm

IT contracts are arguably more important than contracts in other industries. In most industries, the buyer purchases a tangible product they then own, or generally knows what type of services they will receive. However, in the IT world the buyer does not own the product and is often unsure of exactly the type of service they will receive. Here is an article on figuring out the purpose of an end user contract.


The German Data Protection Act (BDSG) and Cloud Computing in 2010
Scott Sanchez - Director of Cloud Security Solutions at Unisys Corporation

Why are the issues for BDSG any different in a cloud computing environment? People see it as a risk, some of which I believe are real and others which I believe are just perception.


Does the Fourth Amendment Cover The Cloud?
James Urquhart - Manager, Cloud Computing & Virtualized Data Centers Marketing at Cisco Systems, Inc

One of the biggest issues facing individuals and corporations choosing to adopt public cloud computing is the relative lack of clarity with respect to legal rights over data stored online. However, a recent note written for the Minnesota Law Review gives a thorough outline of where we stand with respect to the application of Fourth Amendment law to Internet computing.


Contributions Results for Buyers: Service Considerations

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Open Cloud as a Set of Tools, Standards, and Community
John Engates - CTO at Rackspace Hosting, Inc

The CTO at Rackspace, John Engates, discusses open cloud as a set of tools, standards, and community at the SIIA All About the Cloud Conference.


Minds for Sale
Jonathan Zittrain - Professor of Law & Co-Founder & Director of the Berkman Center for Internet & Society at Harvard University

Jonathan Zittrain reprises his popular Minds for Sale talk at Harvard Law School. He presents the potential dark side of cloud labor, discusses how cloud computing is not just for computing anymore, and takes questions from the Harvard Law School Alumni Community.


Are Open APIs Enough to Prevent Lock-in?
James Duncan - VP of Product Development at Joyent, Inc

Are Open APIs Enough to Prevent Lock-in?


Examining RightNow's Cloud Service Agreement
Amy Konary - Director, Software Pricing, Licensing & Delivery at IDC Research, Inc

CRM vendor, RightNow, announced a new service as a service agreement. Amy Konary, IDC pricing and licensing analyst, discusses how innovative the new policies really are.


World Economic Forum (Dubai)
Drew Bartkiewicz - CEO of CloudInsure at CyberRiskPartners, LLC

CEO of CyberRiskPartners, LLC discusses the global impacts of the Internet and the implications for shared risk, self-governance, and the future of data privacy.


Civic Technologies and the Future of the Internet
Jonathan Zittrain - Professor of Law & Co-Founder & Director of the Berkman Center for Internet & Society at Harvard University

Harvard law professor and author Jonathan Zittrain discusses the unusual and distinctive technologies whose power increases in proportion to the people participating in them, contrasted with other technologies that leverage what the few can impose on the many - whether a PC virus maker who crashes millions of machines or a law enforcement officer who can use new consumer platforms to spy far easier than before.


Minds for Sale
Jonathan Zittrain - Professor of Law & Co-Founder & Director of the Berkman Center for Internet & Society at Harvard University

A new range of projects are making the application of crowdsourcing as purchasable over the cloud as additional server rackspace. Professor of Law and co-founder of the Berkman Center for Internet & Society at Harvard, dives into the ethics and issues surrounding cloud labor.


Building Confidence in The Cloud
Werner Vogels - VP, CTO at Amazon.com, Inc

Trust is the biggest obstacle to winning mainstream acceptance of cloud computing. Enterprises are not going to entrust business critical applications to the cloud unless they feel confident that providers won't let them down on a range of metrics including availability, performance, governance, security, privacy and sustainability. With a set of short presentations followed by a Q&A discussion, this panel looks at what SaaS and cloud providers can and are doing to enable and assure enterprise-class cloud computing. Moderator: Alexis Richardson - CEO & Co-Founder, Rabbit Technologies Ltd Presenters: Kevin O'Brien - Director, SaaS Strategy & Programs, Oracle Corporation; Pascal Walschots - Communications Sector, Microsoft EMEA; Werner Vogels - VP & CTO, Amazon.com


PCI Compliance in the Cloud
John Engates - CTO at Rackspace Hosting, Inc

PCI Compliance in the Cloud


Civic Technologies and the Future of the Internet
Jonathan Zittrain - Professor of Law & Co-Founder & Director of the Berkman Center for Internet & Society at Harvard University

Dartmouth College Institute for Security, Technology, and Society presents Professor Jonathan Zittrain, Harvard Law School on Civic Technologies and the Future of the Internet.


Contributions Results for Buyers: Service Considerations

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4 Critical Questions About The Cloud
By: Nathan Golia
Despite the ever-increasing buzz about cloud computing and its purported operational and economic benefits, insurance executives still have many legitimate questions about the value and security of the cloud computing model. Insurance & Technology has identified four of the most pressing questions and provides some answers to help CIOs make up their minds.
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After power outages, cloud insurance looks even better
By: Derrick Harris
Last week’s possibly lightning-caused outages at Microsoft and Amazon Web Services reiterated a very important lesson in cloud computing: Stuff happens, and even the best-laid plans won’t stand up to an act of god or faulty electrical infrastructure. That’s why the burgeoning field of cloud insurance looks even better than ever. A well-thought-out insurance model will address the actual costs and risks of cloud outages or security breaches, for both customers and providers.
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Two Open-Source Cloud Standards: What It Means to You
By: Kevin Fogarty
It's unlikely that hordes of VMware, Citrix or Microsoft Hyper-V users will flock to open-source virtualization or cloud-computing platform as an alternative to the hypervisors and virtualized infrastructure-management software they've already chosen, analysts say. So where does open source fit in the cloud world? Think lock-in and migration flexibility.
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Red Hat extends cloud computing collaboration with NTT
By: CBR Staff Writer
Telecom company extends use of Red Hat Enterprise Virtualization and Enterprise Linux as part of its cloud offering Red Hat, a provider of open source offerings, has announced that telecom company NTT Communications has expanded its use of Red Hat Enterprise Virtualization and Red Hat Enterprise Linux as the platform for its cloud computing and hosting service offering, Biz Hosting Basic. NTT is also offering Red Hat Enterprise products through the cloud solution.
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OpenStack Cactus Advances Open Source Cloud Computing
By: Sean M Kerner
The open source OpenStack cloud project is out with a new release this week codenamed 'Cactus.' The Cactus release follows the Bexar release which debuted in February. In the new Cactus release, OpenStack is now taking the Glance image creation service, which debuted in Bexar and renaming it the OpenStack Image Service.
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VMware Launches Open-Source Cloud
By: Stacey Higginbotham
VMware has entered the cloud game by offering an open-source package called Cloud Foundry, a Platform-as-a-Service that should strike fear in the hearts of its competitors, especially the likes of Salesforce.com, Microsoft and Rackspace. The platform will offer developers the tools to build out applications on public clouds, private clouds and anyplace else, whether the underlying server runs VMware or not. Like last week’s Open Compute Project from Facebook or Rackspace’s OpenStack effort, Cloud Foundry is a pretty big deal.
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IEEE's cloud portability project: A fool's errand?
By: David Linthicum
IEEE, the international standards-making organization, is jumping with both feet into the cloud computing space and announcing the launch of its new Cloud Computing Initiative. The IEEE is trying to create two standards for how cloud applications and services would interact and be portable across clouds. The two standards are IEEE P2301, Draft Guide for Cloud Portability and Interoperability Profiles, and IEEE P2302, Draft Standard for Inter-cloud Interoperability and Federation.
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Crash Course in Open Source Cloud Computing
By: Mark R. Hinkle
My slides from my Crash Course in Cloud Computing talk from SCALE 9x, it was my first talk on the subject and based on some feedback I think I am going to add some additional information. On the open source tools I think I am going to add RunDeck and MCollective for orchestration.
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Cloud Computing and Patent Trolls: How To Prepare Now
By: David Taber
CIO - Here's the scenario: Your IT team writes a web service, and part of its WSDL interface includes a hash algorithm the team came up with on their own. You publish the API and your business partners use your clever little hash in integrating with across cloud services. Years later, you get a letter from a lawyer from a town in Texas you've never heard of, claiming you've infringed on a patent you never heard of. Your team scrambles to replace that hash algorithm, but that means a change to your API and some of your business partners resist making the change. It doesn't matter though: the infringement has already occurred, and you're going to pay somebody quite a bit of money even if you can prove your innocence.
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Is Your Cloud System Safe From the Law?
By: Gustaf Westerlund
There are no legal precedents concerning transnational laws and trade agreements with respect to cloud computing. Due to this lack of regulation, companies in smaller nations are vulnerable to foreign governments seizing their data when it’s hosted internationally in a cloud-based system. While this shouldn’t encourage paranoia, companies should seriously consider where they host their data in the cloud.
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Cloud computing: A legal maze for Europe
By: Staff
The migration of computing into a cloud of massive data centres spread all over the world is giving regulators a headache as they find themselves on the back foot of an industry-driven trend.
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Canonical: open source is the driving force of cloud computing
By: Adrian Bridgwater
Canonical is forecasting clear skies for the Ubuntu Enterprise Cloud (UEC), which is now available on Dell PowerEdge C2100 and C6100 servers as an option to build a business's Infrastructure as a Service (IaaS) foundation. This shrink-wrapped off-the-shelf cloud computing foundation is designed to allow software developers to run cloud proof-of-concept programs in what Canonical describes as an optimised, pre-configured testing and development environment.
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Compliance in the Cloud and the Implications on eDiscovery
By: Dean Gonsowski
Cloud Computing will be a disruptive technology that will ultimately change the face of computing," with a market approaching $300 billion over the next five years, according to recent research from the Market Intel Group. The seemingly unstoppable migration of data to the "cloud" is undoubtedly due to numerous financial benefits, particularly for small and medium-sized companies that historically didn't have the same capital budgets as larger enterprises. However, what lurks below the surface is that this boundless upside isn't without significant risks from a legal and compliance perspective.
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Security isn't the only barrier to cloud computing
By: Katherine McIntire Peters
While the White House is pushing agencies to move more information technology operations to cloud-based systems, senior federal officials said they face a number of challenges beyond security. Dawn Leaf, senior executive for cloud computing at the National Institute of Standards and Technology, which is developing standards for Internet-based networks, said: "One of the things we see strategically for not only government users but for all cloud adopters is the interoperability and portability piece. We talk so much about security we sometimes forget those two."
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Keeping your legal head above the cloud
By: Jemima Kiss
From Gmail and Flickr to Marks & Spencer and Mothercare, you would be hard-pushed to find a consumer or business in the UK that does not rely on at least one cloud-based service. An umbrella term for outsourced technology services, such as email and web hosting, cloud computing allows businesses to outsource a crucial but highly specialised part of their operation to a specialist firm. But with cloud services now so ubiquitous and easy to use, could companies be overlooking the legal implications of such a major shift in their business?
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Eucalyptus & Red Hat: The Cloud’s New Best Friends
By: Maureen O'Gara
Eucalyptus Systems and Red Hat are now partners. Red Hat has a lot of cloud ambitions and delivers the infrastructure but it doesn’t have a cloud platform. Eucalyptus has an open source-based private cloud platform that does the heavy lifting and provides the cloud’s signature elasticity.
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50 Open Source Apps You Can Use in the Cloud
By: Cynthia Harvey
The cloud computing boom has brought a surge of opportunity to the open source world. Open source developers and users are taking advantage of these opportunities in three key ways.
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