[okfn-discuss] Copyright, from criminalisation to normative efficacy

Mon Apr 29 11:09:10 UTC 2013

I'd like to share a new article by me (licensed with a Creative
Commons Attribution-ShareAlike 3.0 Italia).

"Copyright, from criminalisation to normative efficacy"
http://aliprandi.blogspot.it/2013/04/copyright-criminalisation-normative-efficacy.html

Abstract:
Copyright is one of those branches of law that, thanks to the advent
of new digital technologies and the Internet, have gone in a few years
from being a just for experts niche to a topic for the general public.
We all have become, willy-nilly, part of the great game of sharing
information and creative content. This concept, that seems quite
established to most of the people, is not so accepted by some people
taking part in this game who prefer to continue playing as if the
rules and the playing field were the same as they were before the
digital revolution.
This leads to a sort of neurasthenia of the legal system and to many
cases of discrepancy between norms and concrete regulation, both from
a lawmaking perspective and from a simple reflection of
legal-sociological deserve to be taken into account. Users
criminalization, exaggerations in the criminal prosecution of sharing
behaviors (even the most harmless and commons), dissemination of
deliberately distorted information are just some of the elements of
this phenomenon.
This article will attempt to provide a socio-legal framework of the
main issues arising from the complicated collision between copyright
and digital technologies and computer systems, however, taking a cue
from the copious literature on the subject and focusing on some of the
key aspects of the sociology of law: effectiveness and social
perception of law.

Thanks. Bye,
--
Simone Aliprandi - http://www.aliprandi.org