MAPPING THE INFORMATION ENVIRONMENT: LEGAL ASPECTS OF MODULARIZATION AND DIGITALIZATION

The Article highlights the language of the digital and the principle of modularization as the basic concepts which the further development of the information environment will have to pivot around, regardless of how conflicts between freedom and control are temporarily solved. Perceiving both the computer and the Internet as complex systems, the authors look at how modular design of these systems freed the functionality of applications from the physicality of infrastructures, describe the evolutionary gains adhering to modularity, and how to preserve them - elaborating on the issues of access to the cable platform for broadband Internet and to virtual networks for computer technology. Their second focus shows how digitalization of information makes possible the merger of content and its protection. Especially through the use of DRM systems, private actors can create right enforcement mechanisms independent of the State. The legal system therefore faces new and more complex relations between private will and public sovereignty. In such a merged system it is harder to maintain freedom - much like in the fusion of function and infrastructure

Derecho, big data e inteligencia artificial

- Divulgação dos SUMÁRIOS das obras recentemente incorporadas ao acervo da Biblioteca Ministro Oscar Saraiva do STJ. Em respeito à Lei de Direitos Autorais, não disponibilizamos a obra na íntegra.- Localização na estante: 34:004.8 O89

L'interferenza permanente fra propriet\ue0 intellettuale e libert\ue0 di espressone nel diritto dell'Unione Europea: una proposta di bilanciamento

The present paper investigates the interference between copyright and freedom of expression in the European Union. In particular it (i) shows that the Court of Justice has substantially avoided to balance those rights, while a significant space remains for an interpretative fine tuning in this field; (ii) analyses the meaning of freedom of expression and recognizes how it \uabpermanently interferes\ubb with copyright; (iii) argues that the balance between these fundamental rights could be undertaken by the Court beyond the breathing spaces provided by specific intellectual property clauses containing exceptions or limitations; (iv) suggests that such balancing should be pursued by selecting solutions not meant to maximize third interests but to minimize both rights\u2019 sacrifices