If one simply looks at the market failures created by the monopolistic practice and excessive use of copyright protections, it seems that the system of limitations and exceptions is not evolving at the desired rate; currently, the application of the Fair Use doctrine seems to offer more flexible solutions, ones adapted to current technological developments. Nonetheless, its application continues to generate uncertainty, and with it, more failures in the market which have an impact at both the macro and microeconomic levels. Hence, neither the general objectives of intellectual property nor that of promoting individual motivation are met. A solution is not to be found at judicial but at legislative levels. At minimum, it will require a restructuring of the Intellectual Property systems which allows for a more exact delimitation of the consequences of acts that involve copying, as in the case of Oracle vs. Google.
Tópico:
Data Privacy and Cybersecurity
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FuenteRevista de la Academia Colombiana de Jurisprudencia