No one’s ownership as the status quo and a possible way forward: A note on the public consultation on Building a European Data Economy

Kim, Daria

doi:10.1093/jiplp/jpx215

Cited by 5 publications

(3 citation statements)

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“…The question for authors and publishers is: if planet-wide access to any work's electronic copy is made possible, how many work copies will be sold? (Kim, 2018).…”

Section: The Promise and Perils Of Digital Informationmentioning

confidence: 99%

“…The economics of distribution have changed radically by computer networks, which are the second essential technology development. People are enabled to send digital data worldwide in a cheap way, and almost no time via networks (Kim, 2018). As a result, it is easier for persons and commercial infringers to disseminate unauthorized copies as it is easier and cheap for rights holders to distribute work.…”

Section: (Why) Is There a Problem?mentioning

confidence: 99%

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Impact of Digital Economy on Intellectual Property Law

Khan¹,

Wu²

2020

JPL

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Intellectual property is regarded to be the digital economy's hot issue. It ranges from theoretical arguments to own information concerning everyday life relating to the foundation of internet geography. The current study deals with the impact of the digital economy on intellectual property law and proposes that although various countries have given many intellectual property laws, no such implementation has ever been made. Still, the digital world has witnessed the protection of intellectual law through technical protection and contracts. The digital economy has greatly impacted the intellectual property law that can be witnessed through cyber squatter legislation and significant legal and economic protection developments. The endorsement of business methods patents and e-commerce would significantly affect freedom, computer as well as privacy. However, some of their personal information has been suggested by giving individual property rights while describing it to protect freedom and privacy. In this study, it has also been concluded that policy is critical to conceive and analyze issues so that it would be technology independent. It would help policymakers to draft legislation and policies in the same way. In addition to this, policymakers' decisions should not base on any business model's specifics only. Moreover, the study suggests the need for other adaptations to ensure that all the essential purposes in copyright laws, such as giving free access to the public for a broader range of information, have been adequately fulfilled in the digital economy context. However, such adaptations are yet to design, and for completing such tasks, the stakeholders' participation is significant.

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“…The question for authors and publishers is: if planet-wide access to any work's electronic copy is made possible, how many work copies will be sold? (Kim, 2018).…”

Section: The Promise and Perils Of Digital Informationmentioning

confidence: 99%

Section: (Why) Is There a Problem?mentioning

confidence: 99%

Impact of Digital Economy on Intellectual Property Law

Khan¹,

Wu²

2020

JPL

View full text Add to dashboard Cite

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“…4 et seq. ; more detailed on the concepts of ownership, Kim (2017); see also Krämer and Wohlfahrt (2018), pp. 164 et seq.…”

Section: Background: the ''Free Flow Of Data'' Paradigmmentioning

confidence: 99%

The Data Sharing Economy: On the Emergence of New Intermediaries

Richter

Slowinski

2018

IIC

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Towards Comprehensive European Agricultural Data Governance: Moving Beyond the “Data Ownership” Debate

Atik

2022

IIC

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Farming has become more productive and less costly thanks to the effective usage of data-driven “digital agriculture” services. However, this new form of “smart farming” has also brought about data-related concerns connected with the ambiguity regarding who owns the data, who has what rights over it, and ultimately whether there is a need for regulation. The idea of providing a “data ownership” right to farmers is predominantly defended by the sectoral literature and has even been adopted already through the voluntary agricultural data codes of conduct developed by stakeholders both in Europe and the US. This paper approaches this debate from the perspective of the sectoral market failures including data lock-in, data fragmentation, data access problems, and a lack of trust on the part of farmers. It demonstrates that the way in which ownership is framed is not adequate to address these problems and has the potential to exacerbate them. An alternative legal design should be flexible enough to remove the reasons for these problems. Creating rules/rights might not be enough to remove all the issues though. A holistic approach including a legal design and infrastructural opportunities assumes great importance in this regard on the eve of the Common European Agricultural Data Space and possible sectoral regulatory intervention following the horizontal framework provided by the recent Data Act.

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No one’s ownership as the status quo and a possible way forward: A note on the public consultation on Building a European Data Economy

Cited by 5 publications

References 0 publications

Impact of Digital Economy on Intellectual Property Law

Impact of Digital Economy on Intellectual Property Law

The Data Sharing Economy: On the Emergence of New Intermediaries

Towards Comprehensive European Agricultural Data Governance: Moving Beyond the “Data Ownership” Debate

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