Encoding the law into digital libraries

Pamela Samuelson · Communications of the ACM · 1998

The author evaluates the "intricate architecture" of intellectual property rights and how it reflects changes in the technical achievements. She focuses on the legal constraints digital library developers should keep in mind as they pursue their objectives. The author realizes that information technology policy is too important to leave entirely to lawyers or technologists. She admits that intellectual property rights are complicated. Unless developers construct digital library systems in a manner that respects the public policies of the jurisdictions in which they operate, they will likely find themselves regulated by law whether they like it or not. Digital library builders also need to keep track of current and emerging legal issues likely to affect their libraries and take some responsibility for how these issues get resolved. Otherwise, they may find out too late that some things they want to do have been declared illegal because legal decision makers had different views about the issues. Digital library developers will eventually have to develop legal modules to conform the library's contours to the laws and policies of particular nations whose citizens use the library.

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