Ontology of Information and Its Lessons for Intellectual Property
Title | Ontology of Information and Its Lessons for Intellectual Property PDF eBook |
Author | Zohar Efroni |
Publisher | |
Pages | 0 |
Release | 2008 |
Genre | |
ISBN |
What is "information"? It this question answerable? Why should intellectual property scholars bother conceptualizing information? We are told that we live in the technological age, in which information is a prime resource. In turn, intellectual property [IP] regulation directly relates to this resource. Most IP scholars would probably agree that their respective disciplines concern property-like entitlements with respect to "information." Information is the subject matter around which IP laws tailor exclusory regimes. In this light, the thinness of the theoretical discussion about IP subject matter as information is quite striking. In contrast to the prevailing tendency refraining from defining information, this paper asserts that defining information - in the specific context of IP law - is both feasible and beneficial. Pondering the concept of information (and the nature of IP subject matter as information) illuminates nonobvious aspects of both theoretical and practical issues. Borrowing insights from information and communication theories, the paper constructs a framework that conceives information as a meta-concept. Accordingly, information is a significantly unpredictable and ubiquitous dynamism, in which medial messages are being constantly created, delivered, processed, modified, changed and exchanged. Messages are the objectively detectable apparitions of that process. For analytical purposes, I propose that the information process can be broken down to atomic sequences of communication events. Each singular sequence involves a medial message passed from an originator to a recipient. The medial message, the essence of IP subject matter, fulfills two quasi-formal requirements: It must be both perceptible and comprehensible. After presenting the original model and its definitions, I turn to apply it to copyright law. By referring to U.S. and occasionally also to foreign law, the paper demonstrates how the model can describe and explain basic copyright concepts and principles. The paper further shows how information model perspectives can throw new light on legal analysis of concrete problems, for instance, the questions of authorship and originality. I argue further that the policy debate surrounding IP law can benefit from a robust theoretical conversation geared toward a more solid understanding of "information." The information model introduced in this paper hopes to furnish some initial insights in this direction.
A Critique of the Ontology of Intellectual Property Law
Title | A Critique of the Ontology of Intellectual Property Law PDF eBook |
Author | Alexander Peukert |
Publisher | Cambridge University Press |
Pages | 219 |
Release | 2021-05-20 |
Genre | Law |
ISBN | 1108750435 |
Intellectual property (IP) law operates with the ontological assumption that immaterial goods such as works, inventions, and designs exist, and that these abstract types can be owned like a piece of land. Alexander Peukert provides a comprehensive critique of this paradigm, showing that the abstract IP object is a speech-based construct, which first crystalised in the eighteenth century. He highlights the theoretical flaws of metaphysical object ontology and introduces John Searle's social ontology as a more plausible approach to the subject matter of IP. On this basis, he proposes an IP theory under which IP rights provide their holders with an exclusive privilege to use reproducible 'Master Artefacts.' Such a legal-realist IP theory, Peukert argues, is both descriptively and prescriptively superior to the prevailing paradigm of the abstract IP object. This work was originally published in German and was translated by Gill Mertens.
A Critique of the Ontology of Intellectual Property Law
Title | A Critique of the Ontology of Intellectual Property Law PDF eBook |
Author | Alexander Peukert |
Publisher | Cambridge University Press |
Pages | 219 |
Release | 2021-05-20 |
Genre | Law |
ISBN | 1108498329 |
This book provides a comprehensive critique of the idea that 'intellectual property' exists as an object that can be owned.
Ontologies
Title | Ontologies PDF eBook |
Author | Rajiv Kishore |
Publisher | Springer Science & Business Media |
Pages | 930 |
Release | 2007-04-03 |
Genre | Computers |
ISBN | 0387370226 |
This book describes the state-of-the-art in ontology-driven information systems (ODIS) and gives a complete perspective on the problems, solutions and open research questions in this field. The book covers four broad areas: foundations of ODIS, ontological engineering, ODIS architectures, and ODIS applications. It will trigger innovative thought processes and open up significant new domains in ODIS research.
Intellectual Property's Lessons for Information Privacy
Title | Intellectual Property's Lessons for Information Privacy PDF eBook |
Author | Mark Bartholomew |
Publisher | |
Pages | 0 |
Release | 2014 |
Genre | |
ISBN |
There is an inherent tension between an individual's desire to safeguard her personal information and the expressive rights of businesses seeking to communicate that information to others. This tension has multiplied as consumers generate and businesses collect more and more personal data online, forcing efforts to strike an appropriate balance between privacy and commercial speech. No consensus on this balance has been reached. Some privacy scholars bemoan what they see as a slanted playing field in favor of those wishing to profit from the private details of other people's lives. Others contend that the right in free expression must always trump the diffuse, emotional concerns at the heart of privacy interests. What is missing from the debate is a detailed examination of the ways in which other legal regimes resolve their own tensions with the First Amendment. Intellectual property law offers a particularly valuable example. Rather than adopting a one-size fits all approach, intellectual property law has advanced a variety of approaches to reconciling property rights in intellectual creations with free speech rights. This Article describes those various approaches and maps them on to the different, yet similar terrain of information privacy regulation. This comparison reveals that courts and legislators have a number of potential tools to resolve the privacy/free speech divide.
Handbook of Research on Social Dimensions of Semantic Technologies and Web Services
Title | Handbook of Research on Social Dimensions of Semantic Technologies and Web Services PDF eBook |
Author | Cruz-Cunha, Maria Manuela |
Publisher | IGI Global |
Pages | 1099 |
Release | 2009-05-31 |
Genre | Computers |
ISBN | 1605666513 |
"This book discusses the new technologies of semantic Web, transforming the way we use information and knowledge"--Provided by publisher.
Approaches to Legal Ontologies
Title | Approaches to Legal Ontologies PDF eBook |
Author | Giovanni Sartor |
Publisher | Springer Science & Business Media |
Pages | 284 |
Release | 2010-12-25 |
Genre | Law |
ISBN | 9400701209 |
The book provides the reader with a unique source regarding the current theoretical landscape in legal ontology engineering as well as on foreseeable future trends for the definition of conceptual structures to enhance the automatic processing and retrieval of legal information in the Semantic Web framework. It will thus interest researchers in the domains of the SW, legal informatics, Artificial Intelligence and law, legal theory and legal philosophy, as well as developers of e-government applications based on the intelligent management of legal or public information to provide both back-office and front-office support.