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Theoretical Inquiries in Law

Editor-in-Chief: Klement, Alon


CiteScore 2018: 0.61

SCImago Journal Rank (SJR) 2018: 0.347
Source Normalized Impact per Paper (SNIP) 2018: 0.809

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1565-3404
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Volume 17, Issue 2

Issues

Technological neutrality: recalibrating copyright in the information age

Carys J Craig
Published Online: 2016-08-11 | DOI: https://doi.org/10.1515/til-2016-0022

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.

About the article

* LL.B. (1st Cl. Hons), LL.M., S.J.D., Associate Dean (Research & Institutional Relations), Associate Professor, Osgoode Hall Law School, York University, Toronto. An earlier version of this Article was presented at the Constitution of Information conference, held at the University of Toronto in May 2015. My thanks to Lisa Austin and Ariel Katz for organizing this ambitious conference, and to all of the participants (including, in particular, Frank Pasquale, Julie Cohen, Brett Frishmann and Michael Geist) for their helpful comments. I am also grateful to Joseph Cuygenkeng, Thomas Felix and Yidan Ding for their research assistance.


Published Online: 2016-08-11

Published in Print: 2016-07-01


Citation Information: Theoretical Inquiries in Law, Volume 17, Issue 2, Pages 601–632, ISSN (Online) 1565-3404, ISSN (Print) 1565-1509, DOI: https://doi.org/10.1515/til-2016-0022.

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