PERMANENT DIGITAL DOWNLOADS: WITHIN THE OWNERSHIP-POSSESSION DISCOURSE

AUTHOR – KEERTHNA NAIR, STUDENT AT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY

BEST CITATION – KEERTHNA NAIR, PERMANENT DIGITAL DOWNLOADS: WITHIN THE OWNERSHIP-POSSESSION DISCOURSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 938-942, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The distinction between possession and ownership has long been settled in the context of physical goods, but when it comes to Digital Virtual Goods (DVGs), the discourse shifts towards the concept of temporary access rights. This shift primarily stems from the nature of DVGs, which are often governed by time-bound license agreements, restricting the rights of users to mere access. However, this framework fails to adequately address scenarios involving permanent licenses or permanent downloads of copies of digital goods without explicit licensing terms. In such cases, the notion of temporary access does not fully capture the broader spectrum of rights, such as selling, distribution, and communication to the public. These rights extend beyond mere access, suggesting the need for an ownership- possession based framework to understand ownership of copies of DVGs.