In the second part of this interview with Sol Beatriz Calle D'Aleman, issues such as the challenges in the protection of copyright in intangible assets such as knowledge are addressed.
Mg. Luis Fernando Gutiérrez Cano
Mg. Luis Jorge Orcasitas Pacheco
We present the second part of the interview on copyright in the new technological context, given to Sol Beatriz Calle D'Aleman, Lawyer of the University of Medellin, Doctor in Law (PhD) of the Externado University of Colombia, with Cum Laude recognition to his 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).
When changing paradigms, what are the new challenges for the protection of intangible or intangible assets such as knowledge?
Sol Calle D'Aleman: Strategies could be said to be based on new forms of conception of the fundamental institutions of law, such as the institution of property that requires new developments in what I have called a "new concept of intangible property", not just intellectual property but of intangible property, a concept and a much broader redefinition that gives response to all those intangible assets of the XXI century, that arise from the production of ideas and knowledge and that possibly are not all circumscribed nor can they be all addressed from the rules and regulations of intellectual property.
In the same way, also redefining institutions such as the contract and the agreements that have also been based on the rules for physical goods but that today give way to what we have studied as atypical agreements, unnamed contracts, that is, agreements that the parties can create and agree according to how they establish their interests, without this contradicting the legal business theory (which has been a backbone of the law); In the same way, we also approach it based on new international standards, based on rules and good practices, an environment that is widely used today on the Internet, especially from the perspective of information security, which allows us to verify how such standards can be applied to us. help to create new rules and new rules that allow to respond to the protection of new technological productions and knowledge, typical of the XXI century.
What are the tools and strategies that from the right are used in the s. XXI to protect those intangible or intangible assets?
Sol Calle D'Aleman: From the perspective of law there are new risks from the use generated by current technologies, the production of computer goods, software, databases and multimedia products, compared to the professional law and other professionals (auditors , engineers, etc.) face new scenarios, which could identify several sources from which these risks begin to emerge.
From the regulatory perspective: first, in relation to electronic commerce, which poses a new consumer, which poses new challenges in relation to the advertising of what is offered on the Internet and at the same time raises many issues of data security , that is, how to give security to the consumer so that he can increasingly be encouraged to acquire goods and services through the Internet without risks that may come from cybersecurity. Undoubtedly, today cybercrime is one of the problems that most affects the entire world, and that has to do directly with the security incidents in that "dark world" of the Internet and the security of the information that is "stored" there. .
How is the security of information in the regulatory framework?
Sol Calle D'Aleman: From this perspective, we begin to raise a topic, not computer security, but information security that belongs to all of us, and that experts say, is the most fragile link in the chain and is precisely the human being; a second aspect, in which I think we are currently, that has to do directly with governments and is the security of the information they handle, in a matter that interests us from the norm but that has ceased to be a matter only technical or of information security laws and it is now up to all of us, among other things because today the use of the main objects is personal information.
How is personal information handled in marketing issues?
Sol Calle D'Aleman: A third aspect is related to marketing companies, since for the market in general this is another great source of risk and regulatory study: the issue of privacy and personal data, geolocation and video surveillance, they are all phenomena that every time put on alert the security and privacy of people and represents one of the big problems that IOT technologies or Internet technologies have to solve.
We will be able to connect, not just the artifacts but the people themselves, to machines anywhere in the world and with an infinite processing capacity and that may mean that we do not have a space where we are alone but we will be permanently connected to a world that, without a doubt, is going to put us to reflect a lot on the risks that hover over those fundamental rights that are recognized around the world on privacy, data protection and habeas data; In the same way, the risks come from the ownership of intangible things where it will be fundamental to develop new concepts about intangible property and intangible goods, different or outside of the categories that we already know about intellectual property because they are categories designed for other times and designed for other types of cultural goods and not for the intangible assets of this century.
And in the context of work and privacy of people?
Sol Calle D'Aleman: Similarly, risks arising from the work environment should be considered. The current employment context is very different because we are facing an environment where, if what is produced is knowledge, the physical presence of the individual in his workplace is not even necessary. For example, in the case of Colombia today, teleworking is a requirement of the State from the Ministry of ICT, which has encouraged it. However, it must be borne in mind that teleworking and teleworkers, in addition to the production of knowledge, produce it in their own work tools, with access to their own sources, and these are matters that are assumed in a very different way than work to what the labor codes and labor codes of the last century.
We must also take into account the privacy and protection of personal data in relation to the right of privacy of the person (the protection of their personal data against all the phenomena of today such as big data, data mining and The construction of profiles of citizens Today, both the Internet of things and technology itself, are developing at a rapid pace and it is feasible that fundamental rights are put at risk so that people have a reserved space and so that profiles of people that are not sold or trafficked, that does not generate identity spoofing when we are permanently connected to the Internet all over the world, at all times and in all places.This will, of course, represent very important risks from the perspective of the fundamental rights of the people, specifically the privacy and protection of personal data.
Sol Beatriz Calle D'Aleman concluded this dialogue by noting that finally the issue of technology contracting must be taken into account, precisely because we were accustomed to making contracts on tangible goods but technology and knowledge today we acquire it through technological platforms, the majority of the very large times and this challenges us to surpass and detect what risks arise from this type of negotiations: hiring on software licensing, audits that must be done on a series of practices and issues that from This new emergence of intangible computing assets we have to be able to address but from the contractual and business perspective.
The foregoing also includes the transfer of technology, which is a very big challenge for all organizations, for universities, for our governments, that is, how we exploit economically and how we make the intellectual property that we have in those "new" artifacts "that we develop, really impact the market and that includes the patent law that also, in my opinion, is a bit obsolete because in front of the new economic models the issue of that privilege for certain economic sectors has been questioned a lot; for example, the case of the pharmaceutical sector.
Similarly, the generation of new business models that all entrepreneurs can do through the Internet, question the ownership of creations through patents, since it seeks to release innovations to the world, release that knowledge, deliver it and that is what has generated that interesting controversy or contradiction between the opening of science and proprietary knowledge or proprietary licenses, which charge a lot of money for access to these new goods and new inventions, which are produced from the ideas of many people.
* 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: firstname.lastname@example.org and email@example.com
* 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: firstname.lastname@example.org and email@example.com