CALL FOR WORKSHOP PARTICIPATION

(Deadline for papers and participants: 01.12.2006)

CYBERNETHICS, COPYRIGHT & VIRTUAL COMPANY

to be held in

International Conference on Business, Law and Technology (IBLT)
http://www.iblt.eu
December 5 - 7, 2006. Copenhagen, Denmark

Workshop Organiser: Emre Bayamlioglu

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The planned workshop shall flow on two observations and related arguments.

  1. With each achievement of computer science in the field of law executing software systems such as: DRM, on-line commerce and may be virtual company; legal scholarship becomes faced with the question whether those software systems should legally be regarded as some sort of entity/personality rather than just as property. The notion of company, as being an entity comprised of contracts and property, may provide guidelines and in addition may overcome the judicial/cultural reluctance to furnish software with personality.

    This argument further extends to cybernetic character of legal regulation and the role of law in social evolution. In this context DRM represents a higher degree of cybernetic evolution where some specific social environment is directly regulated by software. Because unlike other systems, DRM not only assists or carries out the transactions but, deliver the service (information) and hence execute the law as limiting behavioral choices.
  2. The second line of argument stems from current copyright law is that, with the advance of the database law or in the European context 1996 Database Directive, we see the new legal phenomena where software creates content sophisticated enough to claim to be entitled to copyright or alternatively sui generis database protection.

    Intuitively and reasonably, the first question and the observation thereof closely interrelate with this second one. This is simply because, where the content created by software is accepted to be protected under IP law, this inevitably would bring the implication that such machine/software deserves some personality, at least similar to a company. Moreover future company will embody extreme amount of automated procedures and software controlled activities.

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At one extreme all these questions may lead to some ludditism or criticism of the idea of progress, which is the most significant pillar of western civilisation.

Nevertheless it is doubtless that, the global economy depends on automation to increase productivity and this trend has undeniable social effects. This is where, the position of law may be questioned in the broader picture of social science.

It is apparent that above line of reasoning and construction are highly interdisciplinary and aim of this workshop is to seek contribution of other fields both in and outside the law, as well as entrepreneurial approaches in particular those relate to content management. Some questions and line of arguments regarding different fields may be listed as follows:

Commercial law - cybernetics and company law 1, 2

Information/computer science - What are the challenges in creating the ultimate law executing software? 3, 4, 5

Business ethics - What is responsible software ? What may be the mode of regulation in terms of software design to avoid "ENRON" like behavior?

Philosophy of computation - Can machines think? What is information made of? 6, 7

Administrative law - e-government - What are the characteristics of modern state as a cybernetic system?

Civil Law - ingredients of legal personality 8, 9

IP/IT Law - What is the legal status of machine generated content?

Sociology - Is there an end to materialism? 10, 11

Workshop Participants are invited to present research and application papers , or to indicate which topic they could contribute. Please send an email to: emreb@bilgi.edu.tr

P.S. The references given herein cannot reflect even a very small portion of the extensive literature on such diverse topics. Therefore contributions to the reading list are very welcome and will be posted on the workshop site accordingly.

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1. THE CYBERNETIC FACTORY: Beer and his followers have attempted to put this Viable System Model, as it is known, into operation in many organisations over the years (Espejo and Harnden 1989), but the showpiece was Beer's attempt to cybernetise Chile in the period 1971-73, under the socialist regime of Salvador Allende (Beer 1972, 2nd ed. 1981). This project sought to convert the entire Chilean economy into the kind of cyborg assemblage I just described, with real-time information flows running from individual factories and so on to a central control-room- the brain- and back again. The project went a long way in a short time, before it was cut off by the Pinochet coup. Many of the principals (though not Beer) found themselves in jail; others fled to the US. Nobody, alas, has offered Beer an entire nation-state to work on since.
Andrew Pickering, Cybernetics And The Mangle: Ashby, Beer And Pask, http://www.soc.uiuc.edu/people/CVPubs/pickerin/cybernetics.pdf

2. Turnbull, Shann, "Corporate Governance: Theories, Challenges and Paradigms". Gouvernance: Revue Internationale, Vol. 1, No. 1, pp.11-43, 2000 http://ssrn.com/abstract=221350

3. William J. Rapaport, Philosophy of Computer Science: An Introductory Course,
see section 4. "What is the philosophy of artificial intelligence?" www.cse.buffalo.edu/~rapaport/Papers/rapaport_phics.pdf

4. Luciano Floridi, What Is The Philosophy Of Information?. www.philosophyofinformation.net/pdf/wipi.pdf

5. Legal systems are often modelled using regulative norms, like obligations and permissions However, a large part of the legal code does not contain prohibitions and permissions, but definitions for classifying the commonsense world under legal categories,like contract, money, property, marriage. Regulative norms can refer to thislegal classification of reality...... For modelling constitutive norms, specialized formalisms for counts-as conditionals have been introduced but itremains unclear how to relate them to regulative norms.
Guido Boella & Leendert van der Torre, Constitutive Norms in the Design of Normative Multiagent Systems, http://clima.deis.unibo.it/papers/41-boella.pdf

6. Christian Fuchs, Science as a Self-Organizing Meta-Information System,. http://ssrn.com/abstract=504244

7. Knowledge is the social manifestation of information. We live in a knowledge society insofar as all social systems are knowledge-generating systems. Modern society today has become knowledge-based because our social systems are increasingly based on technological and scientific knowledge and on mental labour.,
Christian Fuchs, Society from the Perspective of the Unified Theory of Information, www.mdpi.org/fis2005/F.24.paper.pdf

8. Linda MacDonald Glenn, Biotechnology at the Margins of Personhood:An Evolving Legal Paradigm, Journal of Evolution and Technology  -  Vol. 13 - October 2003  - http://jetpress.org/volume13/glenn.htm

9. My findings indicate that computers also interact as (non-human) consumers. Consequently,we could consider them as artificial consumers. Richard Gatarski, Artificial Consumers: A Role For Computers As Subjects In Consumer-Related Marketing, www.fek.su.se/home/rgi/nff2003ac/gatarski_ACatNFF_2003-06-11.pdf

10. Nick Dyer-Witheford, Cyber-Marx: Cycles and Circuits of Struggle in High Technology Capitalism (1999) provides an analysis of information-age capitalism and the movements currently dissolving it. See Chp.3 Marx's Machines http://www.fims.uwo.ca/people/faculty/dyerwitheford/

11. ...technological development has a logic of its own, that as a system is goes beyond the intention of any participating individual, and in fact becomes their master. In such a reading, technological evolution is inevitable and has unforeseen consequences. In the pessimistic vision, it's in fact the ultimate form of alienation. This is so because technology is an expression of just a part of our humanity, instrumental reason, but when embedded in the technological systems and its machines, it then forces us to ressemble it, and we indeed follow the logic of machines loose many parts of our full humanity. Think of the positions of Heidegger, Baudrillard, and Virilio as exemplars of such a type of analysis.
Michel Bauwens, P2P and Human Evolution: Peer to peer As The Premise Of A New Mode Of Civilization, http://www.networkcultures.org/weblog/archives/P2P_essay.pdf