Is everything that is technologically possible at the same time ethically admissible, socially acceptable, legally legitimate? Asks Stefano Rodotá.
Mg. Luis Fernando Gutiérrez Cano
Mg. Luis Jorge Orcasitas Pacheco
This article collects some of the fundamental concepts in relation to copyright and intellectual property, from its multiple forms in which it relates to technologies, in order to provide our readers with those principles and considerations that allow them to address the problems more usual, with a friendly and understandable language for all, which is not the general norm in our days when it often seems that the idea is the opposite.
For this, we collected some concepts of Sol Beatriz Calle D'Aleman, Lawyer of the University of Medellin, Doctor of Law (PhD) of the Externado University of Colombia, with Cum Laude recognition to her doctoral thesis on software and intellectual property. Doctor Calle D'Aleman is also a Master in Computer Science and Law from the Complutense University of Madrid and is a professor and researcher at the Computer Law Department of the Externado de Colombia University, where she serves as director of the line of research on Privacy and Protection of Personal Data.
In the same way, she is a teacher and researcher of the Doctorate, Master and Specialization programs in Technology Management and Innovation at the Universidad Pontificia Bolivariana. She is the author of the book Legal Protection of the Software: criticism of its current regulation and redefinition before the Law (Editorial Ibáñez, 2012).
How can you describe the technological environment of the s. XXI and what are its main characteristics?
Sol Calle D'Aleman: From the perspective of law and compliance with legal standards, the current technology is governed by what I have called the most important tool of the 21st century, which is the software and around this it is starting to develop all the computer industry that today is overwhelmed by everything we are seeing around the data analytics (big data) and many more, such as IOT technology (Internet of Things), ie the Internet of things.
This is how the environment of the 21st century poses many challenges to professionals and from the perspective of compliance and regulations invites us to reflect deeply on very different standards to those that were for the technological environment of the last century, since before we produced goods in mass from machines, that is, an economy based on selling many pieces and placing them within the markets; However, the technology of the 21st century is an intangible technology (intangible goods), based on hardware, software, knowledge and ideas that are starting to be very relevant and to be the object of the market, but at the same time our Codes and our standards have not been planned in full, that is, in many aspects they are not prepared for that. That is why from this perspective paradigms must be broken and at the same time understand the technological environment to be able to address compliance issues from the right.
What is the neuromanangement and what are its characteristics?
Sol Calle D'Aleman: The last century was characterized as a historical moment in which societies and the economy had to develop with this production of goods en masse and the key was the provision of services; At that time there was a lot of emphasis on the medium through which we produced and thus we became experts in the production chains. As lawyers we became experts in contracts for the provision of services, hence the employment contract has its greatest relevance at this time because it was the unit of time vs. production capacity (what is mediated in our industries).
That changes completely when today we find that the XXI century proposes us not to emphasize the environment on the basis of which we produce but in the result of that production that today is based on knowledge: today it is ideas and innovation that permeate all our areas and that also begin to be a requirement of companies that want to be competitive in the 21st century and that want, in some way, to penetrate international markets.
Are we prepared for knowledge-based production?
Sol Calle D'Aleman: The Internet globalizes all the law (Internet is no exception now), since it erases the borders between countries and between economies and that is why we see technology poles such as Silicon Valley and all the new technological innovation companies, the largest in the world, that focus on the production of knowledge and not on tangible goods, on the production of software and computer tools to make people's lives more integrated with the world around us.
This, of course, carries many risks because finally we are not used to addressing what we do not see or understand very well, we are accustomed to addressing what we touch, what occupies a physical space not what we do not see or do not understand and how Knowledge is not touched because it is not physical, that is where we normatively find the way to tackle big problems.
What are the substantial differences between the normative environment of s. XX and that of s. XXI?
Sol Calle D'Aleman: In accordance with the above, the world and the economy today have as their center the production of knowledge, which leads to innovation being the tool through which companies, public entities and society in general have to work, to be able to find those new niches. Hence, in order to be able to explore the world and do technological surveillance, one must look at what is in other places and thus be able to advance in science and advance in knowledge; under this premise, that knowledge that begins to occur and that at the same time is constituted in new forms of technology, allows to continue advancing in creating new states of technology, because obviously it arises for those who propose it and for the people who produce it. , then the question is how to protect it?
From this perspective, the law will always have the duty to respond to society to guide it in how it protects what is produced, from whom it is produced, how it is managed and how it is transferred, because finally the right is what that guarantees us those institutions of property so that relationships can be established between people, with the purpose of obtaining greater economic benefit, is what we have denominated as technological right and computer law.
It is a current that in the world has been advancing, especially in Europe and in Latin American countries, where it is a question of studying all those problems and all those paradigms in order to address the problems of the management of current technology from the legal perspective; However, the issue we have in this case is that we do not have norms nor are there any rules for the Internet since until now there is no "Internet right", to say the least.
Is there a normative environment to face the moment we live with technology?
Sol Calle D'Aleman: There is not a technological right written in a code and, of course, the same thing that was previously stated will happen to us: the contract remains a good form of risk regulation within the processes of technology production, innovation and innovation. the production of knowledge; however, we are going to find contracts that are described in the standard and, on the other hand, some that we have to self-regulate and that we have to create ourselves, for that reason we are going to find rules thought for previous centuries but that have to address realities of intangible assets for this time.
The foregoing indicates that the current technological scenario will lead us to the contracts that we created, both the rules and the norms that existed before are not those that are going to be assumed in order to be able to respond to the problems of this time. we have to create them, hence the challenge for a lawyer, especially from the business perspective, is to create those rules and regulations as new forms of protection that are not described in current laws and that is a very interesting point in relation to what that raises the law and Anglo-Saxon regulations in the United States and Great Britain, because they allow us to rely on self-regulation, on negotiations, on rules of conduct and on international standards, and that is what we are living today all the professionals that we dedicate ourselves to work on the topics of the law of information and communication technologies.
How are the relationships between technology, innovation and knowledge established?
Sol Calle D'Aleman: The challenge is enormous because the rules that we had on the protection of intellectual property specifically, were standards that were designed for productions and creations that we call "works" but "works" of the artistic, scientific and cultural world; Today, when faced with software, databases and multimedia products, we find what I have called "new computer goods", which need this protection and also need to be addressed by law, which is one of the most serious problems we have: how to give them protection.
I believe that the answer lies once again in self-regulation and in the ability we have to create our own rules, contracts, rules and businesses that find value in knowledge and, above all, begin to develop conceptual and theoretically new paradigms around ideas , that as a rule in the copyright (in the copyright) have no protection but in this XXI century they do begin to be objects of commerce.
We see it in open innovation platforms in which there is the possibility that ideas are exposed and ideas are bought in the market, this of course is totally contrary to the traditional rules of intellectual property and our challenge today is to understand them in the environment of electronic commerce, in the environment of the production of new portfolios of goods and services, in which the product is no longer just services but the end result is knowledge: very valuable ideas that begin to have an economic and patrimonial connotation that we have that learn to embroider.
* Mg. Luis Fernando Gutiérrez Cano. Social Communicator-Journalist (Universidad Pontificia Bolivariana), Master in Education (Tecnológico de Monterrey), PhD in Technological Management and Innovation (Universidad Pontificia Bolivariana). Professor of Social Communication-Journalism School of the Universidad Pontificia Bolivariana. Coordinator Master in Digital Television Universidad Pontificia Bolivariana. Teleantioquia Viewer Defender. You can write to: email@example.com and firstname.lastname@example.org
* Mg. Luis Jorge Orcasitas Pacheco. Social Communicator-Journalist (Universidad Pontificia Bolivariana), Master in Theory and Practice of Creative Documentary (Universitat Autónoma de Barcelona), Mestre in Imagem e Som (Federal University of São Carlos, UFSCar). Teacher-researcher Faculty of Social Communication-Journalism Universidad Pontificia Bolivariana. Member of the Research Group in Urban Communication-GICU. You can write to: email@example.com and firstname.lastname@example.org