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Cybernorms and Virtual Solidarity

Svensson, Måns LU and Larsson, Stefan LU (2009) Annual Meeting of the Law and Society Association: Law, Power, and Inequality in the 21st Century
Abstract
The sharing of computer programs, movies and music over the Internet marks an all time high in the persistent controversy between intellectual property owners and reproduction technologies as file sharing has gradually become a natural element in the everyday life of today’s younger generations. At present, the magnitude of the expanding gulf between traditional society’s intellectual property right complex and the young e-communities’ budding social norms goes beyond the prosaic judicial aspects. The gap runs the risk of becoming a disintegrating force in society and thereby undermining governing legitimacy.



This article presents the results of a research project within the field of sociology of law which has... (More)
The sharing of computer programs, movies and music over the Internet marks an all time high in the persistent controversy between intellectual property owners and reproduction technologies as file sharing has gradually become a natural element in the everyday life of today’s younger generations. At present, the magnitude of the expanding gulf between traditional society’s intellectual property right complex and the young e-communities’ budding social norms goes beyond the prosaic judicial aspects. The gap runs the risk of becoming a disintegrating force in society and thereby undermining governing legitimacy.



This article presents the results of a research project within the field of sociology of law which has empirically examined, or rather examined the lack of, social norms opposing illegal file sharing. A total of over 1,000 respondents have answered the questionnaire that was conducted in January-February 2009. Along with the social norm indicators, the study maps out relevant questions regarding internet behaviour in this field, such as the will to use anonymity services and the will to pay for copyrighted content. These results are compared and contrasted with the legal development trend in European law in internet and file sharing related matters, as well as the Swedish implementation of this development, as a member of the European Union. This includes the so called IPRED Directive, the Directive on Data retention as well as the implementation of INFOSOC.



The article therefore portrays the social norms on the one hand and the legal developments on the other, and the overarching question of the article therefore addresses the correlation of these two. Do the social norms amongst 15-25 year olds match the legal regulation, as well as the regulatory trend on this field? If not, how can this be understood or explained? The study shows that the cybernorms differ, both in inherent structures and origin, from current legal constructions. There is even reason to talk about “virtual solidarity” as a new form of solidarity in society, to paraphrase Durkheim, who described the organic solidarity of the industrial society. A key issue here is how society can avoid anomie and formulate adequate laws whilst virtual solidarity is emerging. (Less)
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author
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organization
publishing date
type
Contribution to conference
publication status
unpublished
subject
keywords
EU, European Union, Law and society, law, Durkheim, TPB, theory of planned behaviour, social norms, INFOSOC, Directive on Data retention, Internet, file sharing, sociology of law, IPRED directive
conference name
Annual Meeting of the Law and Society Association: Law, Power, and Inequality in the 21st Century
conference location
United States
conference dates
2009-05-28
language
English
LU publication?
yes
id
610f1488-58e6-402a-8dd6-9b3ca59125e2 (old id 1413068)
date added to LUP
2016-04-04 14:22:07
date last changed
2018-11-21 21:19:54
@misc{610f1488-58e6-402a-8dd6-9b3ca59125e2,
  abstract     = {{The sharing of computer programs, movies and music over the Internet marks an all time high in the persistent controversy between intellectual property owners and reproduction technologies as file sharing has gradually become a natural element in the everyday life of today’s younger generations. At present, the magnitude of the expanding gulf between traditional society’s intellectual property right complex and the young e-communities’ budding social norms goes beyond the prosaic judicial aspects. The gap runs the risk of becoming a disintegrating force in society and thereby undermining governing legitimacy.<br/><br>
<br/><br>
This article presents the results of a research project within the field of sociology of law which has empirically examined, or rather examined the lack of, social norms opposing illegal file sharing. A total of over 1,000 respondents have answered the questionnaire that was conducted in January-February 2009. Along with the social norm indicators, the study maps out relevant questions regarding internet behaviour in this field, such as the will to use anonymity services and the will to pay for copyrighted content. These results are compared and contrasted with the legal development trend in European law in internet and file sharing related matters, as well as the Swedish implementation of this development, as a member of the European Union. This includes the so called IPRED Directive, the Directive on Data retention as well as the implementation of INFOSOC. <br/><br>
<br/><br>
The article therefore portrays the social norms on the one hand and the legal developments on the other, and the overarching question of the article therefore addresses the correlation of these two. Do the social norms amongst 15-25 year olds match the legal regulation, as well as the regulatory trend on this field? If not, how can this be understood or explained? The study shows that the cybernorms differ, both in inherent structures and origin, from current legal constructions. There is even reason to talk about “virtual solidarity” as a new form of solidarity in society, to paraphrase Durkheim, who described the organic solidarity of the industrial society. A key issue here is how society can avoid anomie and formulate adequate laws whilst virtual solidarity is emerging.}},
  author       = {{Svensson, Måns and Larsson, Stefan}},
  keywords     = {{EU; European Union; Law and society; law; Durkheim; TPB; theory of planned behaviour; social norms; INFOSOC; Directive on Data retention; Internet; file sharing; sociology of law; IPRED directive}},
  language     = {{eng}},
  title        = {{Cybernorms and Virtual Solidarity}},
  year         = {{2009}},
}