n Stellenbosch Law Review = Stellenbosch Regstydskrif - Evaluating the position of information or data in the law of property

Abstract

Recent technologies, for example the internet and the world-wide-web continue to have a major influence on society (i.e. information society). These ICTs are vital in doing business online and facilitate the exchange of information or data. In more perverse cases, they modify the traditional legal meaning of certain concepts that are known to conventional societies. The most important within the context of this article is the notion of property. Accordingly, it is inquired whether information or data, being the new forms of incorporeals, is property for purposes of the law. In other words, do users of modern technologies, that is, computer users, have a legally recognised and valid claim to information which they store in their computer databases?