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2017

Osgoode Legal Studies Research Paper Series

Intellectual Property Law

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Technological Neutrality: Recalibrating Copyright In The Information Age, Carys J. Craig Jan 2017

Technological Neutrality: Recalibrating Copyright In The Information Age, Carys J. Craig

Osgoode Legal Studies Research Paper Series

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 …