چکیده:
The discussion of whether computer data constitutes property is very important in various fields such as jurisprudence, law, economics, and even computer engineering. Proving the property status of this data may have civil and criminal effects in the aforementioned sciences. The nature of this data and its ownership require a fundamental explanation. In this research, we first define computer data and then compare it with various foundations of object ownership, such as the basis of economic value, the basis of custom and rational people, the basis of meeting needs, and other valid bases in evaluating object ownership. Then we will see that this data is adaptable to all criteria of object ownership. Along the way, we will address the effects resulting from object ownership and evaluate computer data in terms of its ability to accept these effects so that the effects of data ownership can also be investigated. This article is a new effort to achieve this goal and provide a new horizon in the discussions of criminal consequences resulting from the ownership of computer data.
خلاصه ماشینی:
Rather, to define them, one must look at custom and tradition, and rational people must struggle to obtain them - Of course, just because people recognize something does not mean it leads to struggle, but it must also be scarce - Therefore, sand by the river and wood in the forest and rim in the desert are not considered property (Naraqi, 0264 002)- This kind of reasoning in the framework of the customary basis is also not precise, because if we say that everything must be scarce to be property, we accept a kind of relativity, because for example, there are many cars in the warehouse of Iran Khodro company, so they are not considered property and some of the cars must be moved to a place where they are scarce so that we can consider them property - So, in practice, there is no complete definition of property, and we believe that to solve this problem, we must determine some characteristics of property and then examine each case that is in doubt about its property with those characteristics, so that if it possesses them, then it is property, and if it does not possess them, it is not considered property - Even if a counterexample is found for this method, it is very rare and more complete than the definitions mentioned - We will try in the following to state the characteristics that have not been mentioned in reliable jurisprudential and legal books, and then apply each of them to computer data and finally conclude whether these data have property and are included in the category of assets, or they are not considered property at all - Of course, it can be said that the aforementioned definitions of property each refer to an aspect of property, and we will see in the following that computer data is consistent with all these definitions- It is important to note that today property has deviated from its traditional meaning and is not limited to physical and tangible objects (entities), but also includes rights recognized by society (even without external existence) and those that have material value.
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