The Digital Wild West and the Importance of Intellectual Property Law

It is hard to know who coined the term Digital Wild West. It is clear, however, that the term is a good description for the state of the World Wide Web (WWW, or “web”) today. Similar to the American “Wild West” in the latter half of the 19th century, the web still has a frontier. Its outer limits are unknown.

The web and our use of it are still changing and evolving. More people are accessing the internet and using the web than ever before. World internet usage grew over 1,167 percent between the years 2000 and 2020.¹ Many different devices can access the internet, which has led to a new term, the Internet of Things (IoT). The IoT refers generally to the devices that collect and share data over the internet. Cell phones, smartphones, netbooks, and televisions all access the internet, as do healthcare devices, fitness trackers, home automation systems, and even appliances! People (and devices) can access the internet and web anytime, and from anywhere.

We are still exploring how to use the web. Organizations are learning how to effectively and efficiently conduct business online, although some businesses already conduct all of their commerce online. People are joining social networking groups and taking many aspects of their lives “online.” Many people share novel ideas and champion social causes online. Art and inventions are shared online as well.

One traditional area of law that is adapting to new issues raised through technology is intellectual property (IP) law. Intellectual property (IP) is the area of law that protects a person’s creative ideas, inventions, and innovations once they are in a physical form. When materials are published on the web, they are in a physical form. Traditional legal concepts about IP ownership and how to protect it are applied to content on the World Wide Web.