Trespass and Kyosei in Cyberspace

Trespass and Kyosei in Cyberspace

Richard A. Spinello (Boston College, USA)
DOI: 10.4018/978-1-59140-576-4.ch008
OnDemand PDF Download:
$37.50

Abstract

This chapter considers the theme of trespass in cyberspace. In order to prevent unauthorized use of their data several U.S. companies have hastily filed lawsuits alleging trespass to chattels. But some of this data usage, especially for metasites, is socially valuable. Nonetheless, the courts are generally sympathetic with these trespass claims even if this means that activities like spidering or e-mail are constrained in certain contexts. Legal scholars have criticized this trend because it creates a novel property right in factual data which is not eligible for copyright protection. These legal concerns are justified, but what should moralists be saying about this matter? We argue here that both eastern and western philosophies recognize the need to respect the common good of a community or common venture. This awareness should temper a company’s narrow focus on proprietary property rights. We attempt to define the Net’s common good (or commonly shared values) and make the case that Internet users have a prima facie duty to support that common good. Thus, prudent and morally responsible companies operating on the Net will seek to balance their property entitlements with this affirmative duty to support the Internet’s common good. There is no magic formula for achieving this precarious balance, but we offer some general criteria that will orient managers toward the right direction. Finally, we explain that a private settlement of trespass matters is clearly welfare-enhancing.

Complete Chapter List

Search this Book:
Reset
Dedication
Table of Contents
Foreword
John J. Neuhauser
Acknowledgments
Richard A. Spinello, Herman T. Tavani
Chapter 1
Richard A. Spinello, Herman T. Tavani
This chapter presents some foundational concepts and issues in intellectual property. We begin by defining intellectual objects, which we contrast... Sample PDF
Intellectual Property Rights: From Theory to Practical Implementation
$37.50
Chapter 2
Kai Kimppa
This chapter offers a new view on how justifiable the current liberalist view on intellectual property rights (IPRs) in software actually is if... Sample PDF
Intellectual Property Rights in Software-Justifiable from a Liberalist Position? Free Software Foundation's Position in Comparison to John Locke's Concept of Property
$37.50
Chapter 3
Michael J. Scanlan
This chapter considers certain features of Locke’s account in Chapter V of his Second Treatise concerning how a natural right of ownership can arise... Sample PDF
Locke and Intellectual Property Rights
$37.50
Chapter 4
Thomas M. Powers
The distinction in U.S. copyright law between ideas and their expressions is of particular importance in protecting software. In literary works and... Sample PDF
Ideas, Expressions, Universals, and Particulars: Metaphysics in the Realm of Software Copyright Law
$37.50
Chapter 5
Ann Bartow
A judicial determination of “likelihood of confusion” is the linchpin of successful trademark infringement actions in the United States, and is... Sample PDF
Exporting Trademark Confusion
$37.50
Chapter 6
Dan Burk
This chapter examines the relationship between hypermedia and feminist discourse, critiquing the role of copyright in controlling or suppressing... Sample PDF
Feminism and Copyright in Digital Media
$37.50
Chapter 7
Herman T. Tavani
This chapter critically examines current copyright protection schemes that apply to digital information. We begin with a brief examination of the... Sample PDF
Recent Copyright Protection Schemes: Implications for Sharing Digital Information
$37.50
Chapter 8
Richard A. Spinello
This chapter considers the theme of trespass in cyberspace. In order to prevent unauthorized use of their data several U.S. companies have hastily... Sample PDF
Trespass and Kyosei in Cyberspace
$37.50
Chapter 9
Elizabeth Buchanan, James Campbell
This chapter explores the growing threats to intellectual freedom through the loss of the information commons in the U.S. as a direct result of... Sample PDF
New Threats to Intellectual Freedom: The Loss of the Information Commons through Law and Technology in the US
$37.50
Chapter 10
Melanie J. Mortensen
The debate in Canada that occurred prior to the amendment of the Copyright Act regarding the regulation of television retransmission on the Internet... Sample PDF
Would Be Pirates: Webcasters, Intellectual Property, and Ethics
$37.50
About the Authors