Information as Property: Humanism or Economic Rationalism in the Millenium?
AbstractCurrent and traditional legal analyses have repeatedly denied to information the status, quality and incidents of property. In Breen v. Williams,1 the High Court considered the extent to which any proprietary interest could be said to exist in information, articulating the position of Australian law with respect to the protection of any such interests. Brennan CJ was unequivocal, citing Lord Upjohn in Phipps v Boardman2 to the effect that "[i]n general, information is not property at all'V while recognising that any legal protections to be associated with information derived from the courts' power in equity to restrain transmission in breach of an apprehended confidential relationship.
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