| Popis: |
To protect their proprietary interests, copyright holders frequently challenge an introduction of new technologies which do not sufficiently take into account their interests. This Article scrutinizes efficiency of such approaches towards regulating new technologies which focus only on coercion and disregard the role of social norms in regulating human behaviour. By examining the development of peer-to-peer networks, it shows how such laws fail to deter targeted entities. Furthermore, such laws have considerably affected the design of peer-to-peer networks which allows reducing possibility of imposing liability on targeted entities. This Article thus stresses that policymakers or courts should take into account social norms recognised and maintained by targeted entities in the drafting process of any law or its application, respectively. The by-product of such law is that it can build and maintain mutual trust within society between affected stakeholders and thus achieve sufficient power of persuasion towards regulated entities. This approach clearly shows limits of imposing duties of care on technology providers. |
