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information that allows us to classify a group of the above relationship
as a kind of agreement
for provision of paid information services [18].
It must be noted that the lack of uniform criteria on the basis of which it is possible to define
the concept of “services” generates controversy about what types of obligations are directly
related to Internet services.
This question has many answers. For example, M.V. Demianets classifies Internet services on
the basis of the type of information process (i.e. those actions with the information that the
contracting parties implement or are going to implement) and identifies the following types:
– services on transmission, distribution, storage, use, protection of information;
– hosting service, i.e. allocation by the operator (performer) of host services and provision
to the customer
of server space for use, which further allows the customer to place information
and obtain access to it through the Internet;
– user connection to the mail server. This service consists in the registration of any person
(customer) at the hosting provider. In this case, both the service on use of computing capacities
by hosting provider (under which software technology and space on a server are provided) and
the hosting service are provided, as the messages received for the client of the e-mail service
(customer) are stored on the server of the performer (hosting provider), until the customer
transfers the information to its computer;
– service on connection to the communication services
and communication services, such as
mobile Internet, and others;
– service on access to “cloud” computing. This technology platform (“cloud” computing)
allows providing the general public with various services on use of hardware and software
technologies for the purposes specified in the agreement on the use of “cloud” computing [2].
V.V. Petrovsky distinguishes the obligations related to the provision of Internet services,
depending on the moment, at which stage the provision of services is associated with the use of
Internet – at the stage when an obligation arises or at the stage of its execution, as well as the
obligations the basis of which is data transmission and the obligations
the execution of which
represents data transmission. At the same time the author notes that “...this classification is
rather arbitrary, as often the same obligation arises and is executed through the Internet...”
and identifies the following types:
1. Communication services. The person providing these services sends and receives messages,
regardless of their content. They are divided into:
– services on connection of user terminal equipment to the Internet;
– e-mail services enabling to transmit and receive information in the form of e-mails and
store it at your service provider;
– services on placing of information resource of a subscriber in a public telecommunication
network station to provide network users with access to information resource (Internet hosting
services).
2. Services on processing and communication of information,
the content of which is the
processing and transmission of information having certain qualities. The provider of these
services undertakes to provide the user with the access to a specific information resource or
certain information. Examples of such services would be: advertising on the Internet; market
research on consumer behavior in the network; statistical services to provide information about
the popularity of a particular resource; the provision of distance learning services; online
counseling, and so on [16].
The definition of Internet services given by S.V. Petrovsky is of considerable interest:
internet
services are services the content of which is to perform certain actions or data transmission
activity through the public international telecommunications network Internet [16].
L.B. Sitdikova reduces legal relationship in the Internet to two types: dissemination of
information using the Internet and provision of access to information using this network [20].
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Dissemination of information using the Internet can be done in two different ways: by placing
information for public access and through the direct exchange of information between users in
private correspondence.
The above points of view of the authors are highly valuable, as they are characterized by a
comprehensive approach and allow developing the following types of Internet services:
1. Internet services in information transfer. This includes search, processing and
dissemination of information using the Internet (Internet
advertising, distance learning, data
collection and analysis of statistical data, marketing research of consumer behavior on the web,
etc...). The essence of these services is in the immediate value of the transmitted information.
2. Internet communication services. Services on connection of user equipment to the
Internet communications services (mobile Internet, etc.). The person providing the services
receives and transmits the information, regardless of its content (e-mail, Skype, applications
that allow users to share attachments).
3. Hosting services. Through the use of computing capacities of hosting provider user has a
possibility to place and store information on the Internet (providing
server space for the Web
site, information, “cloud” storage).
Thus, the study of approaches to the concepts of “service” and “internet service” allows
us to conclude that the number of opinions on the essence of the concept of “service” in the
doctrine of the Russian law is sufficiently large. Most lawyers determine the nature of services
through its attributes. However, the attributes of services relied on by the lawyers throughout
the history of the development of civil law, namely intangibility, impermanence (perishability),
continuity of production and consumption, do not allow to characterize a number of services,
the provision of which became possible due to the emergence
of such phenomenon as the
telecommunication network “Internet” i.e. Internet services. Currently, internet services are
virtually unstudied, and require a detailed study because of their indisputable relevance in the
modern world.
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