| Strict distinction should be made between "data" at two different levels:the data file at the syntactic level and the digital information at the content level. Data file is the form manifesting the digital information while digital information is the content of data files. The information contained in data files is non-rivalrous from the economic perspective. It is not necessary to establish a general absolute right to the information contained in data files. Under the current law, the interest contained in the data file and the digital information is protected by a number of legal institutions, all of which are however subject to limitations. Data files are physical existence, which, although can be controlled by the human being, is intangible. Data files may constitute the object of right because they can be demarcated, controlled and easily separated from the storage device. A kind of absolute right, i.e. the data file ownership, should be established particularly due to the considerations in respect of possession law, bankruptcy law, enforcement law, etc. The original acquirer of the data file ownership should be the creator of the data file from the economic point of view, and the content of the data file ownership is similar to but not identical with the other absolute rights. |
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