THE NEW THINGS: PROPERTY RIGHTS IN DIGITAL FILES?

Abstract This paper looks at the property status of digital files, such as electronic documents, under English law. We argue that, while mere information is rightly not considered property, digital files are not mere information. Instead, they are distinct virtual objects that exist at the logical – or software – layer of a computer system. Property law could recognise digital files as a new, third kind of thing, alongside things in possession and in action. Doing so might help resolve disputes over access to digital files, by providing proprietary remedies similar to those available for paper documents.