Digital Locks, Physical Objects, and Immaterial Works

This chapter looks at the tangible and intangible property divide through the effect of technological protection measures on a larger pool of users than traditional copyright users: that is, those inadvertent copyright users who buy, for example, a car or a tractor without suspecting that it embeds copyright works (e.g., software), let alone digital locks blocking access to important components of the physical object. The chapter explains how the adoption of legal regimes of technological protection measures worldwide shifted the paradigm for copyright users by redefining the rules of engagement of how they access and experience digital works. It explores how the progressive intrusion and enforcement of digital locks in the world of physical objects will either trigger favourable legal reform for copyright users, or will further trivialize user rights. It examines the changing role of technological protection measures, as users increasingly access copyright works through services.