The Supremacy of Techno-Governance: Privatization of Digital Content and Consumer Protection in the Globalized Information Society |
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Authors: | Lucchi Nicola |
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Institution: | * Global & Engelberg Center Research Fellow, NYU School of Law. Lecturer and Research Associate at the Law Faculty of the University of Ferrara [Italy]. Fellow of the Center for Internet and Society at the Stanford Law School (2005-2006). lcn{at}unife.it |
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Abstract: | The article aims to describe the role of technology and contractin regulating access to digital content deregulating intellectualproperty law monopoly. In particular it argues that the anti-circumventionprovisions for technological protection measures and digitalrights management systems enacted in the United States and inEurope compromise the consumers capacity to exerciselegitimate rights, such as the private use exemption, by givingcontent owners extralegal protection for their works. It alsoanalyses how these acts have caused an inappropriate delegationof governmental decision making to a non-governmental entitywith a consequent privatization of the governments rolein protecting intellectual property and in setting technicalstandards for digital infrastructure and interoperability. |
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