Technology as an imperative for regulating copyright: From the public exploitation to the private use of the work

Abstract

It is often said that regulation of the internet should aim at being technology-neutral. This idea was regularly heard in the copyright arena. However, one cannot doubt that this technology-neutrality is anything but a false pretence when it cornes to the recent changes in copyright law. Two exampIes, the temporary reproduction and the legal protection of measures, underline the perverted role of technology in dictating what copyright should look like. This opinion aims at explaining how this bas happened and to what extent this technological mandate bas brought about a radical shift of the copyright regime.