A few years ago I was very happy to discover nextcloud, which provided all the functionalities I was looking for my organizations without fueling the big tech feudalism threatening our paths towards fully democratic societies.
Currently I am writing my disposition for my masterthesis about the legal qualification of Software as a Service contracts around the example of Nextcloud as a service.
Although I have some tech understanding I would be happy to find tech- and/or legal support and/or general inspiration for my thesis.
One thing I fear is, that through my work I unknowingly open / show loopholes (like the ASP-loophole), which doesn’t help the FLOSS project. So beside looking for inspiration and help I open this thread as well, so that people from the FLOSS community can criticise my blind-spots etc
The use cases I am focussing on are the following:
The nextcloud provider offers on the software side
- full access to nextcloud similar to self-hosted nextclouds (all apps can be installed)
- limited access but within that the user can freely un-install certain apps
- fixed acces. The provider lets freedom of choice to the user
On the hardware side one needs to differentiate as well
- Who is the main responsible for saving the User data? User or Provider?
- Does the Provider provide a “real” “physical” nextcloud server
- Or an Virtual Server
- Or does he “rent” his infrastructure from a third party as well via Plattform / Infrastructure as a service.
On the legal side I focus on “failure to perform”
- Non-performance due to a posterior impossibility egs. factual: Seizure of the server; legal: nextcloud is banned in a certain country
- Delay in performance egs. Up-Time questions
- Bad performance, in the form of bugs or corrupt user-data
- Maybe as well “theft” of user data. (but this might already be a secondary obligation and I will only focus on primary obligations)
Do you have any other suggestions for examination of nextcloud as a service use-cases or hardware cases or performance failure categories?
Hope that this thread is going to be interesting. If you think reddit or an other forum is more apt for such a discussion thread, please tell me as well.