Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Jurisprudential and legal analysis of computer data ownership

Document Type : research

Authors
1 Private Law Department, Yas.C., Islamic Azad University, Yasuj, Iran.
2 . Law Department, Yas.C., Islamic Azad University, Yasuj, Iran.
3 Law Department, Yas.C., Islamic Azad University, Yasuj, Iran
10.22034/ejs.2026.462477.1838
Abstract
Background and Aims: Property is a changing matter that undergoes transformation with the development of technology and emerging needs. Therefore, alongside physical and tangible property, a new property has emerged under the name of electronic and computer-based commerce or even Internet commerce. With the emergence of the term "virtual property" in the field of electronic commerce, it has become necessary to examine the concept of ownership and the criteria of ownership to identify emerging instances of ownership. In this study, a jurisprudential and legal analysis of the ownership of computer data will be addressed.
Materials and Methods: The method of this article is analytical and descriptive, and the research tool is library.
Ethical Considerations: In writing this article, documented referencing and trustworthiness were the criteria.
Findings: Computer data has a virtual ownership, and in jurisprudence, ownership is not limited to the physical aspect, but also has spiritual or non-physical dimensions. Therefore, having ownership of this data means assigning ownership to it. Also, there is a demand for computer data, and it is not in such a way that it is worthless due to its large supply.
Conclusion: For the property of an object, criteria such as economic value, customs and morals, the characteristic of satisfying needs, and exchange value have been presented, and each of these criteria, from the perspective of jurisprudential and legal principles, can clarify the status of their property if applied to computer data. Therefore, computer data can be considered property due to its service aspect, its interactive nature, and its specific ownership.
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