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An argument for retaining the notion of personal property in the products we “buy” in the digital marketplace. If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that you don't own those purchases, you merely license them. That means your ebook vendor can delete the book from your device without warning or explanation—as Amazon deleted Orwell's 1984 from the Kindles of surprised readers several years ago. These readers thought they owned their copies of 1984. Until, it turned out, they didn't. In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property. Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argue that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us.
The exponential growth of disruptive technology is changing our world. The development of cloud computing, big data, the internet of things, artificial intelligence, machine learning, deep learning, and other related autonomous systems, such as self-driving vehicles, have triggered the emergence of new products and services. These significant technological breakthroughs have opened the door to new economic models such as the sharing and platform-based economy. As a result, companies are becoming increasingly data- and algorithm-driven, coming to be more like “decentralized platforms”. New transaction or payment methods such as Bitcoin and Ethereum, based on trust-building systems using Blockchain, smart contracts, and other distributed ledger technology, also constitute an essential part of this new economic model. The sharing economy and digital platforms also include the everyday exchange of goods allowing individuals to commodify their surplus resources. Information and innovation technologies are used in order to then match these resources with existing demand in the market. Online platforms such as Airbnb, Uber, and Amazon reduce information asymmetry, increase the value of unused resources, and create new opportunities for collaboration and innovation. Moreover, the sharing economy is playing a major role in the transition from exclusive ownership of personal assets toward access-based exploitation of resources. The success of online matching platforms depends not only on the reduction of search costs but also on the trustworthiness of platform operators. From a legal perspective, the uncertainties triggered by the emergence of a new digital reality are particularly urgent. How should these tendencies be reflected in legal systems in each jurisdiction? This book collects a series of contributions by leading scholars in the newly emerging fields of sharing economy and Legal Tech. The aim of the book is to enrich legal debates on the social, economic, and political meaning of these cutting-edge technologies. The chapters presented in this edition attempt to answer some of these lingering questions from the perspective of diverse legal backgrounds.
It is a matter of fact that technological innovation is deeply impacting on our culture, society, economy and labour market. The massive and widespread use of Artificial Intelligence and the strengthening of the collaborative economy (also known as ‘gig’ or ‘platform’ economy) are blurring the traditional legal categories and creating new requirements for protection for employed and self-employed workers. This book represents a tool to understand where we are and where we are going, focusing on old and new legal categories and labour market policies. The chapters included in this volume cover different disciplines, such as legal informatics, labour law, social security law, civil law, and tort law, in order to offer scholars and legal specialists an overall view of ongoing changes, challenges and opportunities from a European Union law perspective.
The world of law is a world of information. Rules, judgments, decisions, interpretations, and agreements all involve using and communicating information. Today, we are experiencing a significant transition, from letters fixed on paper to information stored electronically. The digital era, where information is created, stored, and communicated electronically, is quickly approaching, if not already here. The future of law will no longer be found in impressive buildings and leather-bound books, but in small pieces of silicon, in streams of light, and in millions of miles of wires and cable. It will be a world of new relationships and greater possibilities for individual and group communication, an environment where the value of information increases as it is shared. In Law in a Digital world, M. Ethan Katsh explores how these new technologies will alter one of our most central institutions. He considers the different ways in which people will not only electronically read and write, but also interact with our vast storehouses of legal knowledge and information. He envisions how sounds and pictures will play into the largely imageless print world of law, and looks at the future importance of graphic and nontextual communication. He explores how the flexible, personalized organization of data will transform the way we gather information, and whether information can or cannot be contained, raising questions of copyright and privacy. What happens to the law when information is more plentiful and accessible? What happens to those people who suddenly have access to information never before available? Does the use of information in a new form change the institution, the user, and those who come in contact with the user? And, what role does the lawyer play in all of this? For citizens, for lawyers, for all those who will be part of the digital world rushing toward us, Katsh answers these questions while considering the implications of this new era.
Digital ecosystems formed on the basis of digital platforms are significantly transforming modern reality. Today it is difficult to imagine life without LinkedIn, Facebook, or Amazon. The total income generated by them is estimated at trillions of dollars. Digital platforms are the main driving force of the digital economy. The impact and growth of digital platforms on social and economic processes today is difficult to overestimate. The pandemic has further deepened their influence on society, as almost all social communication and economic activity has moved to online format on digital platforms. The growth of the share of digital platforms in various segments of the economy was so rapid that regulators around the world were not ready for such large-scale transformations. All this has caused a number of crisis phenomena, when IT giants have grown into an independent branch of “power”, which has direct access to the personal and financial data of millions of citizens, and moreover, have the opportunity to directly influence them. This monograph is a unique publication in which, for the first time, a large-scale and sufficiently deep team of experts and scientists from various countries of the world studied in detail the multidimensional phenomenon of the “platform economy” and the measures taken by states to regulate these processes. The book will be interesting to a wide range of readers interested in the problems of the development of digital platforms and the developing branch of law and science – the law of digital platforms.
In today’s rapidly changing legal landscape, becoming a digital lawyer is vital to success within the legal profession. This textbook provides an accessible and thorough introduction to digital lawyering, present and future, and a toolkit for gaining the key attributes and skills required to utilise technology within legal practice effectively. Digital technologies have already begun a radical transformation of the legal profession and the justice system. Digital Lawyering introduces students to all key topics, from the role of blockchain to the use of digital evidence in courtrooms, supported by contemporary case studies and integrated, interactive activities. The book considers specific forms of technology, such as Big Data, analytics and artificial intelligence, but also broader issues including regulation, privacy and ethics. It encourages students to explore the impact of digital lawyering upon professional identity, and to consider the emerging skills and competencies employers now require. Using this textbook will allow students to identify, discuss and reflect on emerging issues and trends within digital lawyering in a critical and informed manner, drawing on both its theoretical basis and accounts of its use in legal practice. Digital Lawyering is ideal for use as a main textbook on modules focused on technology and law, and as a supplementary textbook on modules covering lawyering and legal skills more generally.
This book discusses the importance of the digital economy and its most pressing challenge: the onset of quantum and critical technology. It looks at how its implementation, either on its own or coupled with artificial intelligence, impacts commercial and arbitration law. International trade and investment are increasingly being integrated within national security policy and the law to protect the nation state. A failure to safeguard personal and commercial data will allow other state and non-state actors to set the rules that do not align with the values of the rule of law and transnational rules-based system. This book argues that it is necessary to establish a principles-based approach to governing the development and use of these technologies. Chapters touch on the application of smart contracts, arbitration, as well as mergers and acquisitions and their potential weaponisation in the digital economy due to their ability to transcend national security. Elements of intellectual property, particularly patents and trademarks, and how international legal instruments have directed national law-making are also explored. This is a useful reference for governments, regulators, legal, technologists and policy experts. This is also of interest to scholars looking at personal and commercial data in relation to intellectual property, contracts and international commercial arbitration law.
"Written by prominent thought leaders in the global FinTech investment space, The LegalTech Book aggregates diverse expertise into a single, informative volume. Key industry developments are explained in detail, and critical insights from cutting-edge practitioners offer first-hand information and lessons learned. Coverage includes: The current status of LegalTech, why now is the time for it to boom, the drivers behind it, and how it relates to FinTech, RegTech, InsurTech and WealthTech Applications of AI, machine learning and deep learning in the practice of law; e-discovery and due diligence; AI as a legal predictor LegalTech making the law accessible to all; online courts, online dispute resolution The Uberization of the law; hiring and firing through apps Lawbots; social media meets legal advice To what extent does LegalTech make lawyers redundant? Cryptocurrencies, distributed ledger technology and the law The Internet of Things, data privacy, automated contracts Cybersecurity and data Technology vs. the law; driverless cars and liability, legal rights of robots, ownership rights over works created by technology Legislators as innovators"--
The digital economy is gradually gaining traction through a variety of recent technological developments, including the introduction of the Internet of things, artificial intelligence and markets for data. This innovative book contains contributions from leading competition law scholars who map out and investigate the anti-competitive effects that are developing in the digital economy.