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)|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
The DMCA, Copyright Law, and the Right to Link.Richard Spinello - 2004 - Journal of Information Ethics 13 (2):8-23.
Who Should Own Access Rights? A Game-Theoretical Approach to Striking the Optimal Balance in the Debate Over Digital Rights Management.Yu-Lin Chang - 2007 - Artificial Intelligence and Law 15 (4):323-356.
Code and Moral Values in Cyberspace.Richard A. Spinello - 2001 - Ethics and Information Technology 3 (2):137-150.
Author-Stories: Narrative's Implications for Moral Rights and Copyright's Joint Authorship Doctrine.Roberta Rosenthal Kwall - manuscript
Intellectual Property and Copyright Ethics.Mark Alfino - 1991 - Business and Professional Ethics Journal 10 (2):85-109.
On the Web, Plagiarism Matters More Than Copyright Piracy.John W. Snapper - 1999 - Ethics and Information Technology 1 (2):127-135.
Added to index2009-01-28
Total downloads12 ( #376,534 of 2,169,136 )
Recent downloads (6 months)1 ( #345,573 of 2,169,136 )
How can I increase my downloads?