Law, Smart Technology, and Circular Economy: All Watched Over By Machines of Loving Grace?

Thomas, Sean

doi:10.1080/17579961.2018.1527478

Law, Smart Technology, and Circular Economy: All Watched Over By Machines of Loving Grace?

Thomas, Sean

Authors

Sean Thomas

Abstract

This paper examines how circular economics addresses and uses smart technology, and demonstrates the lack of consideration given to ownership issues in such contexts. The extent to which circular economic ideals require controlling goods down-stream will be exposed. Following this is an analysis of the ramifications of smart technology, illustrated with recent examples of control through smart technology. This leads to a critique of the US Supreme Court’s recent decision on patent exhaustion Impression Products v Lexmark alongside the CJEU’s decision in UsedSoft on copyright, addressing implications for contracting practices. The article concludes by urging close comparison of claimed benefits arising from circular economic approaches to smart technology with the potential costs of control (or lack thereof) of novel technologies.

Citation

Thomas, S. (2018). Law, Smart Technology, and Circular Economy: All Watched Over By Machines of Loving Grace?. Law, Innovation and Technology, 10(2), 230-265. https://doi.org/10.1080/17579961.2018.1527478

Journal Article Type	Article
Acceptance Date	Aug 15, 2018
Online Publication Date	Sep 28, 2018
Publication Date	2018
Deposit Date	Aug 30, 2018
Publicly Available Date	Mar 28, 2020
Journal	Law, Innovation and Technology
Print ISSN	1757-9961
Electronic ISSN	1757-997X
Publisher	Taylor and Francis Group
Peer Reviewed	Peer Reviewed
Volume	10
Issue	2
Pages	230-265
DOI	https://doi.org/10.1080/17579961.2018.1527478

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Copyright Statement
This is an Accepted Manuscript of an article published by Taylor & Francis in Law, innovation and technology on 28 September 2018 available online: http://www.tandfonline.com/10.1080/17579961.2018.1527478