Goal of Research To define the main elements of the legal mechanisms of access to knowledge (free licenses, databases, electronic libraries) and trends of its development; to determine the right for access to information limits.
Empirical base of the Research As part of the study we analyzed international law, Russian and foreign legal acts, legal practice and legal doctrine in the sphere of information law and copyright law.
Results of Research fundamental conclusions were made using a wide variety of sources about forming legal institutions during the switch to a knowledge based society. The analysis demonstrates that only copyright and law sui generis may serve as the basis for regulation of databases, providing a balance between the interests of society, right holders and databases users. Copyright in its existing version is a serious obstacle to the appropriate exploitation of the enormous potential of electronic libraries.
Free licenses, first implemented in the USA, were initially aimed at overcoming the existing shortcomings of copyright law. More recently, its implementation moved from copyright and into other institutions of intellectual property, in particular patent law and adjacent rights. Free licenses helped to develop neutral terminology. The proposed amendments to the Civil Code of the Russian Federation need to legalize such licenses. At the same time the whole rank of proposed constructions needs further study.
The initial task of legal regulating relations within the internet must be global-scale work beyond dthe limits of state sovereignty vis-a-vis Internet segments. In modern society, the interpretation of exterritorial and universal jurisdiction, identified in the studies of international law as jurisdiction of the highest level, is in a process of change.
Supporting the balance of constitutionally guarded values is a criteria which permits us to correctly establish a legal regime of information, including access to it.
The level of implementation, recommendations on implementation or outcomes of the implementation of Results: The results of this research may be implemented in the law-making process, during teaching legal courses, and also during the retraining of the civil service and municipal workers.
Field of application: law-making, law enforcement, educational process.