Abstract
ABSTRACT ‘If buying isn’t owning, then piracy isn’t stealing,’ is a common refrain on the internet. With this in mind, the article delves into the landscape of property rights concerning digital assets, debunks common misconceptions and clarifies their legal position in the evolving economy. Through an analysis of their intangible nature, the article argues that digital assets are more akin to intellectual property than to tangible assets. Drawing on a spectrum of case law recognising digital assets as objects of property rights, it examines property law in various legal systems, ranging from common law jurisdictions such as the United States, the United Kingdom and New Zealand, to civil law systems such as Germany, China and Poland. It also explores the notion of digital assets as contractual claims and navigates the complexities of conflicts of laws, advocating for a universal framework to protect digital property and data ownership beyond the realm of Non-Fungible Tokens (NFTs).
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