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.
Los sistemas tecnológicos y judiciales han revolucionado por los Non-Fungible Tokens (en adelante NFTs por sus siglas en inglés). Características como la infungibilidad y uso de blockchain, crean tensiones jurídicas entre NFT y los derechos de autor. Entre los dilemas jurídicos están las crecientes incerti- dumbres sobre los activos digitales que pueden ser protegidos, la propiedad del contenido y la cesión de derechos de autor. Este estudio se centra en la ley de derechos de autor ecuatoriana y desafíos a los que se enfrenta cuando los NFT entran al mercado. Este artículo responde a la pregunta sobre la adecuación de las leyes de derechos de autor de Ecuador y normas conexas para el manejo de las controversias sobre NFT. Analiza el impacto que tiene sobre el token digital y sus derechos de autor entre compradores y vendedores, además de los reglamentos de las plataformas que emiten y comercializan tokens digitales. Examina los derechos del creador, así como los derechos de los compradores, y cómo afectan a los derechos de autor. Por último, se concluye que, si bien la ley ecuatoriana no regula directamente los NFT, es posible regular sus contro- versias mediante artículos conexos e integración de otras normas.
Ngozi Samuel Uzougbo, Chinonso Gladys Ikegwu, Adefolake Olachi Adewusi
Enhancing consumer protection in cryptocurrency transactions presents a critical challenge due to the decentralized and often opaque nature of the cryptocurrency market. This abstract explores the legal frameworks and mechanisms aimed at safeguarding consumers engaging in cryptocurrency transactions, focusing on key issues, challenges, and recommendations for improvement. Consumer protection in cryptocurrency transactions is a pressing concern due to the prevalence of fraud, hacking, and market manipulation. The lack of regulatory oversight and the pseudonymous nature of transactions make it challenging for consumers to seek recourse in cases of fraud or misconduct. To address these challenges, legal frameworks have been developed at both national and international levels. At the national level, some countries have implemented consumer protection laws that apply to cryptocurrency transactions, such as requiring exchanges to comply with anti-money laundering (AML) and know-your-customer (KYC) regulations. However, the effectiveness of these laws is limited by the global nature of the cryptocurrency market and the difficulty in enforcing regulations across borders. Internationally, organizations like the Financial Action Task Force (FATF) have issued guidelines to combat money laundering and terrorist financing in the cryptocurrency sector. These guidelines recommend that countries implement AML and KYC measures for cryptocurrency exchanges and wallet providers. While these recommendations are a step in the right direction, implementation remains a challenge, particularly in countries with limited regulatory capacity or political will. To enhance consumer protection in cryptocurrency transactions, several recommendations can be considered. These include increased collaboration between regulators and industry stakeholders, the development of international standards for consumer protection in cryptocurrencies, and the establishment of a regulatory framework that balances innovation with investor protection. Additionally, consumer education and awareness campaigns can help individuals make informed decisions when engaging in cryptocurrency transactions. In conclusion, enhancing consumer protection in cryptocurrency transactions requires a multi-faceted approach that addresses regulatory gaps, promotes international cooperation, and empowers consumers through education and awareness. By implementing these recommendations, policymakers and industry stakeholders can work together to create a safer and more transparent cryptocurrency market.
Ngozi Samuel Uzougbo, Chinonso Gladys Ikegwu, Adefolake Olachi Adewusi
The rise of cryptocurrencies has presented new challenges for regulators around the world, particularly in terms of enforcement across international borders. This abstract explores the jurisdictional challenges faced by authorities in enforcing cryptocurrency laws and proposes collaborative solutions to address these challenges. Cryptocurrencies operate on a decentralized network, making them difficult to regulate within traditional legal frameworks. Jurisdictional issues arise when a cryptocurrency transaction involves parties in different countries, as it is often unclear which jurisdiction's laws apply. This ambiguity can lead to regulatory gaps and enforcement challenges, allowing illicit activities such as money laundering and terrorism financing to flourish. To address these challenges, collaborative solutions are needed. International cooperation between regulators, law enforcement agencies, and industry stakeholders is essential to ensure effective enforcement of cryptocurrency laws. This cooperation can take various forms, including information sharing, joint investigations, and the development of common regulatory standards. One example of successful collaboration is the Financial Action Task Force (FATF), an intergovernmental organization that sets standards for combating money laundering and terrorism financing. The FATF's guidance on virtual assets and virtual asset service providers has helped to clarify regulatory expectations and promote consistency in enforcement efforts across jurisdictions. Another example is the Joint Chiefs of Global Tax Enforcement (J5), a coalition of tax authorities from five countries that work together to combat international tax evasion. The J5's focus on cryptocurrency-related tax crimes highlights the importance of cross-border cooperation in tackling cryptocurrency-related illicit activities. In conclusion, while jurisdictional challenges remain a significant hurdle in the enforcement of cryptocurrency laws, collaborative solutions offer a path forward. By working together, regulators, law enforcement agencies, and industry stakeholders can address these challenges and ensure that the benefits of cryptocurrencies are realized while mitigating their risks.
This paper investigates some of the legal issues related to non-fungible tokens, i.e. NFTs. The main feature of non-fungible tokens is their uniqueness together with the possibility of representing any digital resource on a blockchain, thus making it demonstrable and economically evaluable. From a legal point of view, this kind of instrument is alluring even though many look at it with uncertainty. As with any emerging technology, NFTs also present legal issues which need to be addressed as the market continues to grow. These problems deal with the legal nature of NFTs arising the doubt if they are securities or not. One more issue is the potential applicability to non-fungible tokens of the first sale rule. Furthermore, the problems involved also extend to other areas of law. In fact, both issuers and buyers need to be protected. Regarding issuers, the issue of an NFT may require the drafting of an additional contract with a specialised entity. On the other hand, buyers must be adequately informed of the purchase transaction. It follows that all the parties must be aware of the legal challenges involved and work towards establishing best practices and industry standards to address them. Additionally, it is necessary to issue specific legislation that regulates every aspect of the purchase. Received: 10 February 2024 / Accepted: 29 March 2024 / Published: 5 May 2024
Non-Fungible Tokens (NFTs) have introduced novel mechanisms to authenticate and trade digital art, fostering a vibrantand dynamic marketplace by leveraging blockchaintechnology. However, the rise of NFTs has also prompted a host of legaland ethical considerations that necessitate careful scrutiny. This research paper provides an in-depth exploration of Non-Fungible Tokens (NFTs) as an emerging form of intellectual property that is transforming the digital art landscape.The paperbegins by elucidating the principles behind NFTs and their significance to digital art, elucidating how these tokens redefinetraditional notions of ownership. It scrutinizes the role of blockchain technology in protecting digital art and the distinctiveadvantages it provides, such as transparency and immutability.The paper then delves into the critical legal implications,particularly focusing on copyright issues and the evolving regulatory environment, highlighting the dichotomy between theownership of NFTs and the copyright of the underlying digital artwork. It conducts a comparative legislative analysis ofIndia, the USA, and the UK, indicating the urgent need for regulatory frameworks that can navigate the global anddecentralized nature of NFT transactions.The paper engages with ethical concerns, including environmental impact, economic inequality, and artist attribution,underscoring the necessity for balancing innovation with responsibility.Finally, it provides recommendations for regulatoryapproaches and discusses future implications, emphasizing the need for clarity, balance, and international cooperation inlegislation, alongside the importance of continuous dialogue and research. This paper lays the groundwork for furtherinvestigations into the fast-evolving world of NFTs and their wider societal impacts.
The rise of NFTs seems to open new horizons for the exploitation of works in the digital world. This, of course, does not come without challenges. A number of IP infringement disputes are now coming to the forefront; minting NFTs without the consent of the creator of the original work and malicious use of a trade mark as an NFT without the permission of the brand owners are but a few examples. In light of the absence of any judicial guidance, this chapter aims to reflect on how the use of NFTs can trigger copyright or trade mark infringements and examine to what extent NFTs marketplaces can be liable for IP infringements that take place within their platforms, taking into consideration a line of case law from the CJEU and EU legal instruments.
Some issues on the horizon may pose novel types of questions, especially relating to new technologies or new applications of existing technologies. We could not include those issues in this volume for lack of sufficient data from the field, e.g., no real-world dispute, or no ruling from a court. But it is worth mentioning a selection of potential cases to come: we chose artificial intelligence, non-fungible tokens, and the metaverse, as it is likely that intellectual property–related cases and litigations in these domains will soon become very relevant, with repercussions that may be felt by the whole food industry.
Law, AI, and Intellectual Property
Dispute Resolution and Class Actions
Neuroethics, Human Enhancement, Biomedical Innovations
The architecture, engineering, and construction (AEC) industry invests significant resources in executing construction projects. However, contractual construction disagreements (CCDs), such as conflicts, claims, and disputes, frequently arise between contractual parties, leading to additional costs, prolongation costs, liquidated damages, or extension of time, to name a few examples. Although prior studies offer some insights, there still needs to be a more comprehensive and systematic identification of different digital technologies useful to prevent, mitigate, or resolve CCDs. This study fills this gap by exploring two primary research questions: (1) What digital technologies have been identified to manage contractual disagreements in the AEC industry? (2) How might artificial intelligence (AI) facilitate the digitalization of contractual disagreement management in the AEC industry? This study followed a rigorous systematic review protocol and used the Transparent Reporting of Systematic Reviews and Meta-Analysis (PRISMA) framework to identify 82 peer-reviewed articles published from 2000 to 2023. The findings demonstrated that AI, distributed ledger technologies, and building information modeling are the most dominant digital technologies in managing CCDs in the AEC industry. The study presents a conceptual framework that maps the benefits of AI and other digital solutions in facilitating conflict prevention, claim mitigation, and dispute resolution. The findings have valuable benefits for industry practitioners seeking to enhance CCD management. Moreover, the identified research avenues pave the way for future exploration and advancement of digital solutions in managing CCDs.
With the rapid advancement of technology, the emergence of Non-Fungible Token (NFT) platforms has revolutionized digital buying and selling. However, this innovative platform has also given rise to a concerning issue: the unintentional trade of personal data instead of artwork. This problem poses a significant challenge in protecting individuals' personal information, especially when items like National Identity Card (KTP) photos are sold as NFT assets. This research aims to explore the critical importance of legal education in safeguarding personal data, thus preventing such transactions that may lead to self-harm. Employing a normative juridical method and a conceptual approach, this study extensively analyzes legal aspects and regulations related to personal data protection. The findings underscore the urgent need for legal education to effectively address personal data transactions on NFT sites within marketplace platforms. Despite the implementation of the Personal Data Protection Act (Law Number 27 of 2022), it is clear that the legislation alone is insufficient. Given the gravity of the issue, comprehensive public education initiatives involving various segments of society are crucial. Protecting personal data has become a matter of utmost concern for the government, the state, NFT platform users, and internet users at large. Individuals must adopt a vigilant and proactive approach in safeguarding their personal data. Legal education programs, including outreach activities conducted by governmental and non-governmental entities, along with the involvement of students and academics in community counseling, can effectively support this objective.
إن التطور التقني أفرز نظاماً جديداً للتعاقد عن بعد يعرف بالعقود الذكية، والتي تمثل أحد تطبيقات تقنية سلاسل الكتل (Block‑chain) وتعتبر هذه التقنيات جيلاً متطوراً ومستحدثاً عن العقود الإلكترونية، إلا أن هذا العقد يواجه بعض الإشكاليات المتعلقة بتكوينه، منها ما يتعلق بالتعبير عن الإرادة والأهلية القانونية للمتعاقدين. لذا جاء هذا البحث لتسليط الضوء على هذه الإشكاليات، حيث خلص إلى بعض النتائج، منها أن الإيجاب يتشكل في العقود الذكية منذ لحظة نشر الكود البرمجي على منصة سلسلة الكتل، وأن أهلية التعاقد تمثل عائق أمام العقود الذكية، وعليه، يجب العمل على تحديد الآلية القانونية المناسبة للتعرف على أهلية المتعاقدين، سواء الشخصية أو الاكتفاء بالشخصية المالية الرقمية للمتعاقدين عبر العقود الذكية، والعمل على وضع تشريع موحد لتنظيم العقود الذكية. Technological advancements have given rise to a new remote contracting system known as Smart Contracts. These contracts, which are an application of block‑chain technology, represent a sophisticated and innovative generation beyond electronic contracts. However, the formation of these contracts faces challenges, particularly regarding the expression of will and the legal capacity of the contracting parties. This study sheds light on these challenges and draws certain conclusions. One of those conclusions that the Offer in Smart Contracts is established from the moment the program code is deployed on the block‑chain platform. Additionally, contractual capacity poses an obstacle to Smart Contracts. Therefore, it is essential to work towards defining appropriate legal mechanisms to determine the capacity of the contracting parties, whether in terms of personal capacity or reliance on the digital financial capacity of the parties through Smart Contracts. Furthermore, there is a need to develop unified legislation to regulate Smart Contracts.
As one of the many applications of the blockchain, non-fungible tokens (NFTs) are artificially unique digital assets that can be used in a variety of situations and, according to many, are set to revolutionise the digital world and mark a milestone in the evolution of markets in the so called Web 3.0. As objects of property, routed in the blockchain, NFTs promise to replace many institutions of the traditional legal order, including property and contracts in the way we are used to think of. The announced digital disruption will create a convergence in ownership that so far comparative legal scholars failed to observe in state legislation. Against this view, we propose a critical reassessment of tokens, by deconstructing NFTs as digital property and characterise them rather as objects in possession. We believe that, under a variety of use cases, possession better qualifies the relationship between the owner and the NFT and is consistent with a view of digital assets that are not dependent on a specific legal system, while allowing an acceptable degree of legal protection in case of interference with the owner’s prerogatives.
Objective : to answer the question whether the authors’ moral rights the in the digital environment correspond to their original purpose, and to determine the impact of the development of social networking platforms, artificial intelligence technologies and non-fungible tokens (NFT) on the transformed role and features of the protection of the author’s moral rights under modern conditions. Methods : the research is based on historical-legal, comparative-legal and formal-dogmatic methods. Legal institutions and legal practice on the issue of protection of the author’s moral rights are subjected to critical analysis. Results : the genesis and normative fixation of the author’s moral rights are investigated in historical retrospect. It is noted that at present the protection of these rights is insufficiently regulated at the international level, while national copyright law, for example, of continental European states, provides a sufficiently strong protection of the author’s moral rights; however, the effectiveness of the latter is weakening in the digital age. The paper analyzes the changing landscape of copyright relations caused by technological progress: in social networks, in the generation of works by artificial intelligence, and in the creation of digital works of art. The thesis is substantiated that the author’s moral rights are undesirable in the context of social platforms. The paper proposes solutions to the issues of authorship of works created by artificial intelligence, violation of author’s rights, and integrity in case of full or partial borrowing of a work to generate a new work by artificial intelligence. The role of NFT technologies in solving the problem of preserving the author’s moral rights is defined. Scientific novelty : the work fills a gap in research on the relationship between copyright and technological development. It identifies and evaluates the innovations in the purpose and content of the author’s moral rights, caused by the processes of digitalization, and attempts to solve the problem of the author’s rights compliance with technological progress. Practical significance : the obtained results may serve as a conceptual basis for further development and improvement of national legislation and international legal regulation in the field of copyright protection, transformation of the objectives, role and place of the author’s moral rights in the digital environment.
P. Maragathavalli, Aravindhar RS, R Keerthana, M. Harini · 5 authors
Cybercrime gives challenges to law enforcement agencies to secure digital evidence and maintain its integrity. Blockchain known for its decentralized and immutable nature, provides a secure ledger to record digital evidence transactions restricting unauthorized access. This project proposes a framework for digital forensic evidence management, contributing to the enhancement of security and reliability in digital forensic practices through the utilization of Ethereum Blockchain technology and Advanced Encryption Standard (AES) encryption. Through a systematic review, various studies, methodologies, and implementations employing Blockchain to safeguard digital evidence are explored. Blockchain, known for its decentralized and immutable nature, provides a secure ledger to record digital evidence transactions, restricting unauthorized access. Advanced Encryption Standard (AES) algorithm ensures that the data stored on the blockchain remains tamper-resistant and secure. In the blockchain ecosystem, Proof of Stake (POS) plays a critical role by facilitating transaction validation and block creation. It distinguishes itself by selecting validators based on the amount of cryptocurrency they 'stake' or pledge as collateral, offering an energy-efficient and environmentally sustainable alternative to the traditional method.
The advent of large language models (LLMs) has marked a significant milestone in the realm of artificial intelligence, with their capabilities often matching or surpassing human expertise in various domains. Among these achievements, their adeptness in translation tasks stands out, closely mimicking the intricate and preliminary processes undertaken by human translators to ensure the fidelity and quality of the translated content. Despite the advancements in utilizing LLMs for translating programming code across different languages, the domain of smart contract translation, particularly into languages not previously encountered by the LLM, remains largely unexplored. In our research, we present a pioneering approach, SolMover, which harnesses the synergy of two distinct LLMs within a unified framework. This framework is designed to grasp coding principles and apply this understanding to the translation of code into an unfamiliar language. Our study delves into the capacity of LLMs to mimic human learning processes, offering an in-depth evaluation of our methodology for converting smart contracts written in Solidity to Move, a language with limited resources. The framework employs one LLM to decipher coding conventions for the new language, creating a blueprint for the second LLM, which, lacking planning abilities, possesses coding expertise. The empirical evidence from our experiments suggests that SolMover substantially enhances performance compared to gpt-3.5-turbo-1106, and achieves superior results over competitors such as Palm2 and Mixtral-8x7B-Instruct. Additionally, our analysis highlights the efficacy of our bug mitigation strategy in elevating code quality across all models, even outside the SolMover framework.
Blockchain is a relatively new technology, and its implementation in the life sciences industry is no different. Some of these cases are still in the piloting program stages, but others have already been adopted by life sciences organizations, justifying the emerging need in the field, which is still in its infancy. Blockchain is becoming more important in many different fields and organizations, with a growing influence on pharmaceuticals, biotechnology, and medical device companies. Through this chapter, we will gain a greater understanding of the current applications, future trends, investment areas, and key characteristics of existing life sciences use cases, as well as existing models and platforms of blockchain. About 1524 industry professionals and leaders from relevant functions participated in the survey, 68 which was designed as a global survey. Whether companies already run processes using blockchain technology or not, the chapter examines the impact of these changes on companies with or without blockchain strategies. A study supported by an online survey analyzing the current adoption and application of blockchain will provide key conclusions on how the technology is becoming more prevalent in many life sciences fields despite the challenges it faces. Using the data collected to support the conclusions of this study, the analysis found that a substantial percentage of life sciences leaders and professionals are already aware of blockchain and considering implementing it in the next years. Furthermore, it allowed us to understand that the industry is already comfortable with blockchain, and the mentioned use cases and opportunities gave us very reliable research regarding the most relevant application areas and key considerations for the future. By analyzing the survey results and understanding all the connections and relationships collected from respondents, the interconnectedness between blockchain and the industry is revealed.
Outsourcing computation enables a weak client to expand its computational power as the need arises. A basic requirement of outsourcing computation is the guarantee that the computation result is correct. Cryptographic solutions that provide verifiability for the computation result when the computation is outsourced to a single server, are complex and fragile. We consider the intuitive approach of verifiable computation, called verifiable computation by replication, when the computation is replicated on multiple servers, and a referee decides the result of the final computation using the outputs of all servers. We consider the case when a smart contact is used as the referee. We propose a security model in the Universal Composability (UC) framework of Canetti, and design a 2-server and an n-server protocol with proved security in our model. Our protocols build on the Refereed Delegation of Computation (RDoC) framework of Canetti, Riva, and Rothblum, underline the challenges of using a smart contract as a referee, and address those challenges in the designed protocols. We give the efficiency analysis of the protocols, provide a proof of concept implementation for our protocols using Ethereum smart contact, and give concrete cost values for an example computation.
The use of new technologies, including blockchain and NFT, can become a tool to ensure protection of rights and legitimate interests of copyright holders and stimulate innovation in various fields. The paper considers two legal problems related to the deposit and turnover of the results of intellectual activities, including copyrighted works. The first problem is the possibility of using blockchain technology to deposit such works. The paper provides an overview of main methods of fixing the fact of existence of a copyrighted work, including options without depositing and with depositing. The author concludes that depositing an object of copyright, including blockchain, does not mean its use in the sense of civil law. The second problem is the turnover of rights to deposited objects. The author suggests the best way for the copyright holder, i. e., depositing the result of intellectual activity with subsequent transfer of the NFT to the copyright holder. This solution will make it possible to equate the transfer of NFT with the transfer of the exclusive right to the work.
This scientific article explores the prospects for the development of smart contracts in the Russian Federation, considering them as a means of fulfilling obligations. Given the lack of legal consolidation of blockchain technology in Russia, the authors present the concept of the “digital ruble” platform, developed by the Central Bank of the Russian Federation, as an alternative to blockchain for the implementation of smart contracts. The structure of the article includes the main elements of the organization of smart contracts and the regulation of civil law relations, such as smart contracts, the digital ruble platform, the smart contract system and contracts directly concluded by the parties. Smart contracts are digital agreements that are automatically executed when certain conditions occur. They have a huge potential to improve the efficiency and reliability of civil law relations. This article discusses the prospects of using smart contracts in the Russian Federation using the digital ruble platform in light of the current lack of a legal framework for blockchain technology.
This study explores the opportunities and challenges presented by smart contracts and their technological foundation, the blockchain.It details the history and mechanics of blockchain technology, emphasizing its decentralized, immutable, and tamper-proof nature.the paper delves into the concept of smart contracts, tracing their origins to nick Szabo and their evolution through the ethereum blockchain.It highlights the role of oracles in enabling smart contracts to interact with the physical world and addresses various practical issues such as immutability, code errors, and the legal implications of smart contracts.The study also examines the integration of artificial intelligence (AI) in smart contracts, discussing how AI can function as an oracle to provide reliable information and support the contractual process.By examining different types of blockchains and smart contracts, the study provides insights into their potential applications and the inherent limitations and risks associated with their use, particularly in terms of legal enforcement and jurisdiction.
La aparición de la Inteligencia Artificial (IA) y su cada vez mayor desarrollo conlleva una serie de interrogantes. Al fin y al cabo, las aplicaciones de una IA lo suficientemente avanzada son innumerables, así como las dudas que arroja su uso. Por este motivo, ante un punto de partida en el que se está debatiendo el impacto de tecnologías como el blockchain en el Derecho, cabe cuestionarse qué efectos tendrá una Inteligencia Artificial. Así, en el caso de poder atribuir una independencia jurídica a una IA, cabría cuestionarse la capacidad para participar en la formación de contratos. Por este motivo, dada la importancia de la compraventa internacional en el tráfico mercantil, es necesario preguntarse acerca de la capacidad de participar una Inteligencia Artificial en los contratos de compraventa internacional.