There are lots of legal disputes regarding information-related fields, most of which are judged or discussed depending upon traditional corporeal property-based laws. However, as information has different chracteristics from physical goods, we need a new way of thinking to respond to the new disputes. Moreover, scholars and practitioners specializing in information law are asked to respond to newly emerging problems every day, they do not have enough time to think about what is common behind these changing phenomena. Traditionally, legal studies consist of generals and particulars, but in the case of information-related law which is still being formulated, we need a general theory before generals part.
This paper starts with pointing out the differences between physical goods and intangibles, especially information from a legal perspective. These explanations mainly from legal interpretation aspects are combined with legal policy considerations focusing on Internet-governance. This paper describes five reasons why we need a general theory for informarion-related laws, together with ten propositions, which are expected to promote mutual understanding and enhance discussion.

View full abstract

Recent information and communications technology (ICT) developments have turned the content industry into one of the core sectors that will support the long-term growth of the Japanese economy. Thus, proper policy intervention will be necessary to address the obstacles this industry may encounter. One such possibility is the emergence of vertically integrated network operators who will leverage their market power anti-competitively and control content distribution. This risk is especially high in Japan because the main trend in Japanese broadband usage is toward less-regulated mobile sectors. This paper summarizes the changes in Japan’s broadband/media sector and evaluates the policy options available to telecom regulators, including US-style net neutrality regulations, to assist the development of the content industry.

View full abstract