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24 Int'l Rev. L. Computers & Tech. 1 (2010)

handle is hein.journals/irlct24 and id is 1 raw text is: 


International Review ofLaw, Computers & Technology                      !) Routledge
Vol. 24, No. 1, March 2010, 1-5                                         8     Fmt**




                                  EDITORIAL

'To Infinity and Beyond: Law and Technology in Harmony' was the theme of the 24th
annual British and Irish Law, Education and Technology Association (BILETA) confer-
ence, and some of the best papers of this event are brought together here. Not quite
beyond infinity but in Winchester instead, the conference was indeed not only harmonious,
but did succeed in bringing together people from a variety of disciplines, educational back-
grounds and jurisdictions, bridging not only the gap between law and technology, but also
between academia and practice. With the keynote speakers representing technology, on the
one hand, and legal praxis, on the other, it was then up to the academic contributors in the
vanous sessions to tie together these diverse aspects, and the rich tapestry that the present
papers come from reflects the diversity, dynamics and practical relevance of this field of
research.
    Abbe Brown's contribution is typical for the picture that emerged throughout the con-
ference, showing the benefits that a multi-faceted analysis can bring to our field of study.
Whereas in past BILETA conferences, the question whether or not 'Internet law' is or
ought to be a discrete field of studies was hotly debated, her analysis reminds us of the
dangers of any such self-imposed conceptual barriers. Instead, she shows how fields of
law as diverse as intellectual property (IP), competition law and human rights law need
to interact seamlessly not just for the regulation of a specific technology, but for the
issues raised by modem science and technology in general. Communication technologies
have developed to such an extent that they touch the very roots of our (well)being and
any attempt to see them exclusively as a phenomenon of indiscrete fields of law such as
e-commerce is bound to fall short of a harmonious legal solution that maximises their
benefits while minimising their dangers. Finding appropriate regulatory solutions now
can set the developmental pathway for the type of society we want to live in. The same
sense of urgency and existential importance can also be found in Phoebe Hung's contri-
bution. Where Brown's paper uses communication technology as one example, Hung's
paper complements this analysis by focussing on medical technology. Like Brown, she
argues that concepts and doctrines forming commercial law are insufficient for handling
adequately the role these technologies have for mankind. Where Brown draws on human
rights law, Hung uses concepts from environmental law, in particular the precautionary
principle, to argue for the need to protect the human and the humane in a science-driven
society. She shows how the mechanism of compulsory licensing can benefit from this
approach, and demonstrates how it can be incorporated into the Agreement on Trade
Related Aspects of Intellectual Property Rights (TRIPS) through the exclusion of patentable
subject matter and the interpretation of the World Trade Organization Doha Declaration.
    That the Internet is a global medium that requires global regulatory solutions is a
common place. Modem science in general is a global enterprise, with its impact felt all
over the globe. The papers by Brown and Hung both allude to the fact that solutions that
maximise benefits solely in the developed world, using categories and concepts almost
exclusively taken from US law, will with necessity fail in the quest for global harmony.
'Infinity', in this sense, also means the willingness the take the experiences and needs of

ISSN 1360-0869 print/ISSN 1364-6885 online
( 2010 Taylor & Francis
DOI: 10.1080/13600860903570350
http://www informaworld.corn

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