NCJ Number
103796
Date Published
Unknown
Length
8 pages
Annotation
This study finds that the intraclass forces controlling the nature of computer crime through copyright laws are not in serious conflict as they seek legal stability for the relations of production reflected in and by copyright law.
Abstract
Marx maintained that law is generally an instrument of class control that occasions intense interclass struggle in the legislative debates of a democratic society. This study hypothesizes, on the other hand, that laws which advance intraclass interests, thus giving legal stability to intraclass relations and overall class control, cause minimal resistance in their formulation and enactment. This hypothesis was tested in the enactment of the 1976 Copyright Law, which pertained to computer technology. The goal of the law was to foster research and learning and the dissemination of data, information, and ideas in the scholarly and public sectors while ensuring incentive and competition through the just and proper remuneration of authors of these works, whether the works are in the form of data, information, literature, compilations, music, etc. These goals do not occasion conflict when placed in a larger class context. The law was passed with relative ease, thus supporting the study hypothesis. The study suggests the following generalizations. The impact of developing technology on law depends on the class setting, how wide a segment of society has access to the new technology and has economic interests affected by it, and what basic productions relations are influenced by the new technology. 15 references.