On the Object of Information-related Laws :

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Other Title
  • 情報法の客体論 :
  • 情報法の客体論 : 「情報法の基礎理論」への第一歩
  • ジョウホウホウ ノ キャクタイロン : 「 ジョウホウホウ ノ キソ リロン 」 エ ノ ダイイッポ
  • The First Step toward the “Basic Theory for Information Law”
  • 「情報法の基礎理論」への第一歩

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Abstract

Everybody talks about Information Law, but nobody has theoretically constructed it well, for intangible goods such as information cannot be definitely owned or transferred like physical property. However, it is gradually becoming clearer how to legally protect or prohibit information, through comparison between copyright and personal data protection. It is a good time now to think about the object of information-related laws, as the first step toward the “Basic Theory for Information Law”. In this paper, I will discriminate between moral and property rights, and focus on the latter, which is a common approach in the US. Then, I will propose a distinction between intellectual-property type and secrecy type for protection, and between (negative) property type and tort type for prohibition. In addition, I will point out several basic frameworks for information law, such as the hybrid nature of attribution and usage, one-object multiple-rights as a normal status, and license contract as supplements to statutes.

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