Technological neutrality: recalibrating copyright in the information age
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Carys J Craig
Abstract
This Article aims to draw the connection between how we conceptualize legal rights over information resources and our capacity to develop technologically neutral legal norms in the information age. More specifically, it identifies and critically examines three competing approaches to the idea of technological neutrality apparent in copyright jurisprudence. Ultimately, it is argued that true technological neutrality requires not simply the seamless expansion of legal rights into new technological contexts, but the careful, contextual recalibration of rights and interests in light of shifting values and changing circumstances. As a normative principle, technological neutrality in copyright law thus demands a nuanced and relational understanding of the rights at play, and the social values that they seek to foster as technologies evolve.
© 2016 by Theoretical Inquiries in Law
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- Introduction
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- Freedom to tinker
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- Technological neutrality: recalibrating copyright in the information age
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- Intellectual property, antitrust, and the rule of law: between private power and state power
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Articles in the same Issue
- Theoretical Inquiries in Law
- Research Article
- Introduction
- Research Article
- The regulatory state in the information age
- Research Article
- The policy battle over information and digital policy regulation: a canadian perspective
- Research Article
- Technological tattletales and constitutional black holes: communications intermediaries and constitutional constraints
- Research Article
- Platform neutrality: enhancing freedom of expression in spheres of private power
- Research Article
- Taking notice seriously: information delivery and consumer contract formation
- Research Article
- Thoughts on techno-social engineering of humans and the freedom to be off (or free from such engineering)
- Research Article
- Freedom to tinker
- Research Article
- Technological neutrality: recalibrating copyright in the information age
- Research Article
- Intellectual property, antitrust, and the rule of law: between private power and state power
- Research Article
- Compounding errors: why heightened regulation and taxation are bad antidotes for recessions and income inequality
