Examining Data Property Rights from the Perspective of Law and Economics

DOI

10.2991/978-2-38476-128-9_31How to use a DOI?

Keywords

Calabresi-Melamed Framework; property rights; Larry Lessig; legal impact

Abstract

This paper employs a perspective rooted in the field of law and economics, utilizing the Calabresi-Melamed Framework and its extended rules of pliability, to undertake a comprehensive examination of the construction of property rights. It revisits the fundamental purpose underlying the establishment of property rights over data, directly oriented towards establishing a well-ordered nexus between the digital economy and judicial practice, particularly in the current landscape dominated by platform-centric Internet developmental experiences. Additionally, this study delves into the practical significance of the four regulatory approaches posited by Larry Lessig. It contends that current emphasis should be placed on the architecture of legal impact, demarcating platforms and enterprises as distinct legal entities subject to disparate legal requisites.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Ruichen Zhang
PY  - 2023
DA  - 2023/10/15
TI  - Examining Data Property Rights from the Perspective of Law and Economics
BT  - Proceedings of the 2023 3rd International Conference on Modern Educational Technology and Social Sciences (ICMETSS 2023)
PB  - Atlantis Press
SP  - 262
EP  - 268
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-128-9_31
DO  - 10.2991/978-2-38476-128-9_31
ID  - Zhang2023
ER  -