Forum for Science, Industry and Business

Sponsored by:     3M 
Search our Site:

 

Copyright – a conceptual battle in a digital age

03.11.2011
What is it about copyright that doesn’t work in the digital society? Why do millions of people think it’s OK to break the law when it comes to file sharing in particular?

Sociology of law researcher Stefan Larsson from Lund University believes that legal metaphors and old-fashioned mindsets contribute to the confusion and widening gaps between legislation and the prevailing norms.

Our language is made up of metaphors, even in our legal texts. Stefan Larsson has studied what consequences this has when digital phenomena, such as file sharing and downloading, are limited by descriptions intended for an analogue world.

“When legal arguments equate file sharing with theft of physical objects, it sometimes becomes problematic”, says Stefan Larsson, who doesn’t think it is possible to equate an illegal download with theft of a physical object, as has been done in the case against The Pirate Bay.

Using the compensation model employed in the case against The Pirate Bay, the total value of such a site could be calculated at over SEK 600 billion. This is almost as much as Sweden’s national budget, says Stefan Larsson. The prosecutor in the Pirate Bay case chose to pursue a smaller number of downloads and the sum of the fines therefore never reached these proportions.

In Stefan Larsson’s view, the word ‘copies’ is a hidden legal metaphor that causes problematic ideas in the digital society. For example, copyright does not take into account that a download does not result in the owner losing his or her own copy. Neither is it possible to equate number of downloads with lost income for the copyright holder, since it is likely that people download a lot more than they would purchase in a shop.

Other metaphors that are used for downloading are infringement, theft and piracy.

“The problem is that these metaphors make us equate copyright with ownership of physical property”, says Stefan Larsson.

Moreover, there are underlying mindsets which guide the whole of copyright, according to Stefan Larsson. One such mindset is the idea that creation is a process undertaken by sole geniuses and not so much in a cultural context. In Stefan Larsson’s view, this has the unfortunate consequence of making stronger copyright protection with longer duration and a higher degree of legal enforcement appear reasonable. The problem is that it is based on a misconception of how a lot of things are created, says Stefan Larsson:

“Borrowing and drawing inspiration from other artists is essential to a lot of creative activity. This is the case both online and offline.”

Stefan Larsson has also studied the consequences when public perception of the law, or social norms, is not in line with what the law says. One consequence is that the State needs to exercise more control and issue more severe penalties in order to ensure that the law is followed. The European trend in copyright law is heading in this direction. Among other things, it is being made easier to track what individuals do on the Internet. This means that the integrity of the many is being eroded to benefit the interests of a few, according to Stefan Larsson:

“When all’s said and done, it is about what we want the Internet to be. The fight for this is taking place, at least partially, through metaphorical expressions for underlying conceptions, but also through practical action on the role of anonymity online.”

Stefan Larsson’s thesis is entitled Metaphors and Norms – Understanding Copyright Law in a Digital Society

Contact: +46 46 222 7158, +46 706 92 01 25, Stefan.Larsson@soclaw.lu.se

Megan Grindlay | idw
Further information:
http://www.vr.se
http://www.lunduniversity.lu.se/o.o.i.s?id=12683&postid=2157989

More articles from Communications Media:

nachricht New cruise ship “Mein Schiff 1” features Fraunhofer 3D sound on board
05.09.2018 | Fraunhofer-Institut für Digitale Medientechnologie IDMT

nachricht Small enclosure, big sound, clear speech
31.08.2018 | Fraunhofer-Institut für Digitale Medientechnologie IDMT

All articles from Communications Media >>>

The most recent press releases about innovation >>>

Die letzten 5 Focus-News des innovations-reports im Überblick:

Im Focus: Fraunhofer IDMT demonstrates its method for acoustic quality inspection at »Sensor+Test 2019« in Nürnberg

From June 25th to 27th 2019, the Fraunhofer Institute for Digital Media Technology IDMT in Ilmenau (Germany) will be presenting a new solution for acoustic quality inspection allowing contact-free, non-destructive testing of manufactured parts and components. The method which has reached Technology Readiness Level 6 already, is currently being successfully tested in practical use together with a number of industrial partners.

Reducing machine downtime, manufacturing defects, and excessive scrap

Im Focus: Successfully Tested in Praxis: Bidirectional Sensor Technology Optimizes Laser Material Deposition

The quality of additively manufactured components depends not only on the manufacturing process, but also on the inline process control. The process control ensures a reliable coating process because it detects deviations from the target geometry immediately. At LASER World of PHOTONICS 2019, the Fraunhofer Institute for Laser Technology ILT will be demonstrating how well bi-directional sensor technology can already be used for Laser Material Deposition (LMD) in combination with commercial optics at booth A2.431.

Fraunhofer ILT has been developing optical sensor technology specifically for production measurement technology for around 10 years. In particular, its »bd-1«...

Im Focus: The hidden structure of the periodic system

The well-known representation of chemical elements is just one example of how objects can be arranged and classified

The periodic table of elements that most chemistry books depict is only one special case. This tabular overview of the chemical elements, which goes back to...

Im Focus: MPSD team discovers light-induced ferroelectricity in strontium titanate

Light can be used not only to measure materials’ properties, but also to change them. Especially interesting are those cases in which the function of a material can be modified, such as its ability to conduct electricity or to store information in its magnetic state. A team led by Andrea Cavalleri from the Max Planck Institute for the Structure and Dynamics of Matter in Hamburg used terahertz frequency light pulses to transform a non-ferroelectric material into a ferroelectric one.

Ferroelectricity is a state in which the constituent lattice “looks” in one specific direction, forming a macroscopic electrical polarisation. The ability to...

Im Focus: Determining the Earth’s gravity field more accurately than ever before

Researchers at TU Graz calculate the most accurate gravity field determination of the Earth using 1.16 billion satellite measurements. This yields valuable knowledge for climate research.

The Earth’s gravity fluctuates from place to place. Geodesists use this phenomenon to observe geodynamic and climatological processes. Using...

All Focus news of the innovation-report >>>

Anzeige

Anzeige

VideoLinks
Industry & Economy
Event News

SEMANTiCS 2019 brings together industry leaders and data scientists in Karlsruhe

29.04.2019 | Event News

Revered mathematicians and computer scientists converge with 200 young researchers in Heidelberg!

17.04.2019 | Event News

First dust conference in the Central Asian part of the earth’s dust belt

15.04.2019 | Event News

 
Latest News

'Sneezing' plants contribute to disease proliferation

24.06.2019 | Agricultural and Forestry Science

Researchers find new mutation in the leptin gene

24.06.2019 | Life Sciences

Non-invasive view into the heart

24.06.2019 | Medical Engineering

VideoLinks
Science & Research
Overview of more VideoLinks >>>