Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-q6k6v Total loading time: 0 Render date: 2024-07-10T11:27:15.327Z Has data issue: false hasContentIssue false

Foreword

Published online by Cambridge University Press:  17 December 2022

Get access

Summary

This project has quite a long history. It goes back to an idea, presented some 25 years ago, that information could, as such, be an economically valuable, identifiable object to which a subject could have rights vis-à-vis a relevant and considerable group of other subjects. In other words, that information as such could be the object of a property right. The question proved to be almost unexpected and was met with reluctance as to whether this could be a relevant research question at all. At that time, information was generally considered to only be legally relevant in cases where intellectual property rights, including a database right, could be found, and where information qualified as a protected trade secret. To understand this reluctance better, we should realise that this idea was presented before the rise of the data economy, with its Big Data and a new profession – data scientists – and before new developments that have simultaneously and radically changed how we look at data, such as distributed ledger technology, blockchain, smart contracts, the sensorisation of society, the Internet of Things, machine learning and artificial intelligence. All these developments have transformed our society fundamentally, but they are all also very recent. Within a relatively limited time frame, we find ourselves no longer living in just one (i.e. real) world, but in a mixture of spheres where the physical world and the virtual world not only meet, but indeed come together as interwoven and interdependent, creating a hybrid world, particularly in our minds. Twenty-five years ago, there was also not the same awareness as now that there are more sources of valuable information than we tended to recognise, such as information hidden in customs and traditions. Arguing, as is done in traditional common law cases, that pure information can never be property is, therefore, from today’s perspective, an open-ended statement that is just too farreaching to be true, and at the end of the day even meaningless. What is pure information? Is not all information ‘pure’, whatever its contents and shape? We need to accept that, in our present society, information, laid down in data, is so omnipresent, affecting both our view of what it means to be a person and what we consider to be an object of economic value, that we cannot and should not deny its legal relevance.

Type
Chapter
Information
Publisher: Intersentia
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×