Digital Data As Economic Good: Ownership And Possession On Digital Data

I. Digital data as economic good: ownership and possession on digital data

In his editorial of the SJZ (Schweizerische Juristen-Zeitung) Dr. Martin Eckert answers the question to whom digital data belong to. The author shows that the need for simple, clear and predictable rules for the dealing with digital data can be satisfied by qualifying digital data as chattel (movable legal objects) with the consequence that property law with the concept of ownership and possession and the respective rules apply. Therefore, the owner of digital data has the right to determine, if and how his data is being copied, reproduced or used by others and he can defend himself against the unauthorised use in accordance to the legal remedies for the protection of ownership and possession.