Concept of hysteresis in law
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Concept of hysteresis in law
Some jurists have transposed the idea of hysteresis to law. According to one orientation, it refers to “international choices that are difficult to reshape in the short term”, from which it would follow that it would be impossible to obtain within copyright rules specifically adapted to the adhesive nature of software. According to another orientation, the development of law would always be slowed down by existing law, so that, especially with reference to the regulation of new technologies, “the law is often obsolete even when it comes into force”; the situation would be aggravated in those systems characterized by lobbying and meticulous negotiation with the protean universe of stakeholders.
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