Carla L. Reyes, Andrea Tosato & Andrew Hinkes - 01/2024
- Ownership rights in digital assets derive from positive law, not solely from the software systems (code) that create and maintain them.
- Lawrence Lessig's maxim "code is law" describes code as architectural constraint or "soft law," not as positive, enforceable law.
- The core thesis is that code acquires legal force only when formally empowered (invested) by the legal system's secondary rules.
- The analysis utilizes H.L.A. Hart's legal theory, distinguishing between primary rules (duties/ri...
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