Karl Renner and (Intellectual) Property—How Cognitive Theory Can Enrich a Sociolegal Analysis of Contemporary Copyright

Abstract

This article deals with copyright regulation meeting the quite rapid societal changes associated with digitization, and it does so by reinterpreting Karl Renner's classical texts in the light of contemporary cognitive theory of conceptual metaphors and embodiment. From a cognitive theory perspective, I focus on the notion that the legal norms only appear to be unchanged—the Renner distinction between form and function. This includes social norms, technological development, and changes in social structures in general, which create a social and cognitive reinterpretation of law. This article, therefore, analyzes the contemporary push for copyright as property, which I relate to historical claims for copyright as property as well as de facto legal revisions in intellectual property faced with the challenges of digitization. Of particular relevance here is what Renner described in terms of property as an “institution of domination and control,” and thus the increased measures for control that are added to a digital context in the name of copyright.

Parallel Norms: File‐Sharing and Contemporary Copyright Development in Australia

“…Andersson Schwarz and Larsson, ; Larsson, , ). This prompts the questions of the clarity of the law in relation to copyright infringing file‐sharing networks and whether the law reflects the changing perception of society (Larsson, , ), in particular the younger generation. While the data gathered in the online survey suggests that only a small percentage of file‐sharers use VPN or a similar service to remain anonymous online, 62.1% of those who completed the survey wish to do so.…”

Explaining the Impact of Social Change on the Law Within Karl Renner’s View

“…Bu durumda hukuksal kurum ve kavramların gelişimi "işlev değişimi" olarak görünecektir. Renner hukuksal kurum ve kavramların işlev değişimini, ifadenin aynı kalmasına rağmen (letter of law) yorumlanmasında ve anlaşılmasındaki bağlamsal ve sosyal ilginin değişmesi olarak tanımlar 41 . Ancak hukuksal değişim, kurum ve kavramların "işlev değişimi" ile sınırlı bir anlam içermez.…”

On the Governance of Artificial Intelligence through Ethics Guidelines

“…In its Communication from April 2018, 10 the EU adopted an explicit strategy for AI and appointed The High-Level Expert Group on AI, consisting of 52 members, to provide advice on both investments and ethical governance issues in relation to AI in Europe. In April 2019, the expert group published Ethics Guidelines for Trustworthy Artificial Intelligence (hereinafter Ethics Guidelines), 11 which -despite explicitly pointing out that the guidelines do not deal with legal issues -clearly indicate issues of responsibility, transparency and data protection as entirely central 1 See Renner (2010Renner ( /1949 2 See Larsson (2014).…”