소유권의 파편화와 입법 대응 : 정보통신시장 사례를 중심으로

Digital technology is to modify legal object as well as rights therein. In the context of law and economics, too many property rights are likely to diminish the benefit expected with regard to such rights. As media digitalisation has contributed to the numerical growth of the media company, the inefficiency due to the fragmentation has given rise to the necessity of adjusting widely spread rights. It is difficult, however, to readjust spread rights the owner of which is under protection based upon the freedom of expression. In such context, it would be the most efficient solution that independent and autonome editorial committee is assigned to select the internet newspaper to be exposed in the web portal site. As telecommunication digitalisation has brought about the fragmentation of rights amid network providers, manufacturers, software providers and end users, the inefficiency due to the fragmentation has given rise to the necessity of adjusting widely spread rights. It should be noted that rights readjustment is to be done in the whole context for the purpose of excluding the anticommons. Professor Heller's theory of the anticommons and fragmentation helps explain how continued division of interests in property could lead to both coordination and transactional problems, the end result being inefficient use and devaluation of valuable societal resources. Understanding the characteristics of an anticommons situation sheds light on why the new paradigm is required to meet with potentially difficult questions in legislation.