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The consumer and virtual or digital property – is this an oxymoron?
Citation
Griggs, LD, The consumer and virtual or digital property - is this an oxymoron?, Property Law Review, 4, (1) pp. 35-38. ISSN 1838-3858 (2014) [Refereed Article]
Copyright Statement
Copyright 2014 Thomson Reuters
Official URL: http://www.thomsonreuters.com.au/property-law-revi...
Abstract
This note examines the role that property law can play in the regulation and
understanding of digital assets. Undoubtedly these will attract an economic
value, but does this economic value translate into a notion that a person’s
digital estate is personal property which can be owned, possessed, transferred
or bequeathed? In Fairstar Heavy Transport NV v Adkins [2012] EWHC 2952,
English courts were asked to consider the status of emails and whether these
were property to which someone could make a possessory or title based
claim. Ultimately the superior court was not required to address this, instead
relying on the more traditional ground of agency. However, what we do know is
that the dispute will not die, unlike the person who to some degree controls or
creates these digital assets.The conclusion is that the phrase "digital property"
is not an oxymoron and that the private law domain of property will have a role
to play. It remains unclear what that role will be.
Item Details
Item Type: | Refereed Article |
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Research Division: | Law and Legal Studies |
Research Group: | Private law and civil obligations |
Research Field: | Property law (excl. intellectual property law) |
Objective Division: | Law, Politics and Community Services |
Objective Group: | Justice and the law |
Objective Field: | Justice and the law not elsewhere classified |
UTAS Author: | Griggs, LD (Mr Lynden Griggs) |
ID Code: | 96593 |
Year Published: | 2014 |
Deposited By: | Faculty of Law |
Deposited On: | 2014-11-12 |
Last Modified: | 2015-05-05 |
Downloads: | 0 |
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