Law as Technological Control of the Infringement of Intellectual Property Rights in the Digital Era

Abstract

According to technological determinists, particular technological developments are the prime antecedent causes of change in society, and technology is the fundamental condition that underlies the pattern of the social system, including the law. The development of technology in the digital era has influenced the pattern of intellectual property rights infringement and enforcement. One of the functions of patent and copyright systems is the dissemination of knowledge and works well needed by the society. On the other hand, technological development in information systems also facilitates the dissemination of knowledge and works, but it has unwittingly infringed intellectual property rights. To overcome this dilemma, therefore, the legal function must be redefined so that the law can be used as a means of technological control.