Digital goods in property law

Abstract

This chapter provides a comprehensive analysis of the evolving nature of property law in the digital era, especially with the advent of disruptive technologies like artificial intelligence, blockchain, and the Internet of Things. The authors discuss how these technologies challenge the traditional legal frameworks of property law, particularly in the context of digital assets like e-books, software, cryptocurrencies, domain names, non-fungible tokens (NFTs), and data. The chapter delves into the complex issue of data ownership and its classification as a property right, exploring various viewpoints ranging from considering data as a valuable commodity owned by its creators to viewing it as a public asset. It highlights the need for legal certainty in the application of property laws to digital assets and the importance of adapting these laws to address the challenges posed by technological advancements. The authors argue that while regulation imposes limitations on data ownership, they do not negate the possibility of owning data. They also explore the new Belgian property law's approach to data. In conclusion, the authors stress the need for legal scholars to respond collectively to the challenges posed by technological progress and emphasise that law must guide and anticipate technological change rather than merely reacting to it.