The never-ending struggle for balance
Pamela Samuelson · Communications of the ACM · 1997
The article emphasizes on desirability of balance in intellectual property law. Struggle for balance in the law is never ending. Even after one important battle for balance has been successfully won, there is almost no time for celebration because the next set of battles is often already underway. In December, 1996 World Intellectual Property Organization (WIPO) hosted a three week diplomatic conference to consider three draft treaties: one on copyright issues, one on legal protection for sound recordings, and one legal protection for the contents of databases. It is heartening the WIPO Copyright Treaty preserves fair use and other balancing principles of traditional copyright law. Battle for balance in laws affecting intellectual property rights in the digital environment is far from over. There are three principal developments to watch for: Renewed proposals to grant intellectual property rights in the content of databases; Legislation outlawing technologies that can be used for infringing purposes; and Draft commercial law rules that provide far less protection to consumers of information in shrinkwrapped packages or cyberspace marketplaces than traditional laws have done.