David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Ethics and Information Technology 2 (4):201-209 (2001)
Copyright law in recent years has undergone a process of privatization. While weakening the enforceability of conventional legislation (copyright rules), cyberspace facilitates alternative types of regulation such as contracts and technical self-help measures. Regulation by the code is significantly different from traditional types of public ordering (copyright law) and private ordering (contracts). Norms that technically regulate the use of information are not merely self-made they are also self-enforced. Furthermore, the law was recruited to uphold the superiority of such technical self-help measures. The recently adopted U.S. Digital Millenium Copyright Act (DMCA) 1998 prohibits the development and use of technologies designed to circumvent copyright management systems. The underlying assumption of this legislation is that in Cyberspace, the target of regulation should become the technologies that affect users'' behavior rather than the behaviors themselves. This paper critically examines this regulatory approach and highlights its shortcomings.
|Keywords||copyright information policy privatization|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Richard Spinello (2004). The DMCA, Copyright Law, and the Right to Link. Journal of Information Ethics 13 (2):8-23.
Yu-Lin Chang (2007). Who Should Own Access Rights? A Game-Theoretical Approach to Striking the Optimal Balance in the Debate Over Digital Rights Management. Artificial Intelligence and Law 15 (4):323-356.
Richard A. Spinello (2001). Code and Moral Values in Cyberspace. Ethics and Information Technology 3 (2):137-150.
Roberta Rosenthal Kwall, Author-Stories: Narrative's Implications for Moral Rights and Copyright's Joint Authorship Doctrine.
Mark Alfino (1991). Intellectual Property and Copyright Ethics. Business and Professional Ethics Journal 10 (2):85-109.
Thérèse Murphy (ed.) (2009). New Technologies and Human Rights. Oxford University Press.
John W. Snapper (1999). On the Web, Plagiarism Matters More Than Copyright Piracy. Ethics and Information Technology 1 (2):127-135.
Added to index2009-01-28
Total downloads11 ( #312,747 of 1,907,402 )
Recent downloads (6 months)3 ( #275,486 of 1,907,402 )
How can I increase my downloads?