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"The core of the book is a complete annotated translation of the collected 'religious poetry' (Tibetan: mgur) of the Tibetan yogin Tsangnyön Heruka (gTsang smyon Heruka, 1452–1507). The book also contains a translation of a short 'catalogue' (dkar chag) of Tsangnyön's poetry/songs. These two texts were compiled and printed in 1508 by a group of disciples who wanted to express their devotion to their recently deceased master, and make his insights available for others. The Songs of Tsangnyön Heruka begins with an extensive scholarly introduction to Tsangnyön and his songs, providing the reader with a context to the translations. Following the two translated texts, is an appendix introducing Tibetan Buddhism to the general reader, then comes a glossary explaining some of the key terms used in the songs, and finally some back matters, i.e. end notes and bibliographies.
Nowadays, Tsangnyön Heruka is mainly known for having written and printed the 'life story' (rnam thar) and 'song collection' (mgur 'bum) of the famous poet-saint Milarepa (1040–1123). However, Tsangnyön is not only one of Tibet's foremost authors and poets, he is also one of the best known 'holy madmen' (smyon pa) of Tibet. These colourful figures challenged powerful leaders and monks with their peculiar and seemingly crazy ways.
In sharp contrast to Milarepa's life story and songs, Tsangnyön's were gradually forgotten. Tsangnyön's songs provide us with a fascinating and direct insight into the lifestyle, teachings, and message of the wandering yogins. Moreover, they give us an idea of how it was in Tibet before the Fifth Dalai Lama came to power in the mid-17th century. However, the songs have a direct, down-to-earth, and human message, making them timeless and relevant also for people living in another time and culture.

These songs have never been translated to any language, and they have never been studied thoroughly before."

How we understand technological and social change -- Metaphors and norms -- The embodied law -- Conceptions of copyright -- Copies : a metaphoric expansion of copyright -- Platform, storage or bulletin board? the Swedish Pirate bay court case -- Between form and function in (intellectual) property -- Conclusions: conceptions in the code

Anti-competitive notions, it seems, are increasingly informing the critical debate on a data-driven economy organised into scalable digital platforms. Issues of market definitions, how to value personal data on multisided platforms, and how to detect and regulate misuses of dominant positions have become key nomenclature on the battlefield of addressing fairness in our contemporary digital societies. This article looks at the central themes for this special issue on governing trust in European platform societies through the lens of contemporary developments in the field of competition law. Three main questions are addressed: (1) To what extent are the platforms' own abilities to govern their infrastructures, that is, to be de facto regulators over both human behaviour and market circumstances, a challenge for contemporary competition regulation? (2) In what way is the collection, aggregation, or handling of consumers' data of relevance for competition? (3) How can the particular European challenges of governing US-based digital platforms more broadly be understood in terms of the relationship between transparency and public trust? Of particular relevance – and challenge – here are the platforms' abilities to govern their infrastructures, albeit through automated moderation, pricing or scalable data handling. It is argued that this aspect of coded, and possibly autonomously adapting, intra-platform governance, poses significant anti-competitive challenges for supervisory authorities, with possible negative implications for consumer autonomy and wellbeing as well as platform-dependent other companies.

AbstractThis article uses a socio-legal perspective to analyze the use of ethics guidelines as a governance tool in the development and use of artificial intelligence (AI). This has become a central policy area in several large jurisdictions, including China and Japan, as well as the EU, focused on here. Particular emphasis in this article is placed on the Ethics Guidelines for Trustworthy AI published by the EU Commission's High-Level Expert Group on Artificial Intelligence in April 2019, as well as the White Paper on AI, published by the EU Commission in February 2020. The guidelines are reflected against partially overlapping and already-existing legislation as well as the ephemeral concept construct surrounding AI as such. The article concludes by pointing to (1) the challenges of a temporal discrepancy between technological and legal change, (2) the need for moving from principle to process in the governance of AI, and (3) the multidisciplinary needs in the study of contemporary applications of data-dependent AI.

This article uses a socio-legal perspective to analyse the use of ethics guidelines as governance tool in the development and use of artificial intelligence (AI). This has become a central policy area in several large jurisdictions, including China and Japan, as well as the EU, focused here. Particular emphasis is in this article placed on the Ethics Guidelines for Trustworthy AI published by the EU Commission's High-Level Expert Group on Artificial Intelligence in April 2019, as well as the White Paper on Artificial Intelligence, published by the EU Commission in February 2020. The guidelines are reflected against partially overlapping and already existing legislation as well as the ephemeral concept construct surrounding AI as such. The article concludes by pointing to the i) challenges of a temporal discrepancy between technological and legal change; ii) the need of moving from principle to process in the governance of AI, and iii) and the multidisciplinary needs in the study of contemporary applications of data-dependent AI.

L'article propose une analyse sociojuridique des questions d'équité, de responsabilité et de transparence posées par les applications d'intelligence artificielle (IA) employées actuellement dans nos sociétés et de machine learning . Pour rendre compte de ces défis juridiques et normatifs, nous analysons des cas problématiques, comme la reconnaissance d'images fondée sur des bases de données qui présentent des biais de genre. Nous envisageons ensuite sept aspects de la transparence qui permettent de compléter les notions d' explainable AI (XAI) dans la recherche en sciences informatiques. L'article examine aussi l'effet de miroir normatif provoqué par l'usage des valeurs humaines et des structures sociétales comme données d'entraînement pour les technologies d'apprentissage. Enfin, nous plaidons pour une approche multidisciplinaire dans la recherche, le développement et la gouvernance en matière d'IA.

I investigate the field of tension between the national and the local level in spatial planning from a decision-making perspective. In doing so, I analyse the legal regulation for a large-scale 3G mobile infrastructure development in Sweden with a focus on how participation is expressed both in terms of the 'law in books' as well as empirically, 'in action'. Theoretically, a model of decision making is elaborated, based on two axes: one concerning the decision level on a central or national to local scale, and one concerning what type of knowledge is regarded as the most legitimate in terms of a calculating approach versus a communicative approach. These two issues or approaches to decision making— who decides and based on what knowledge—are of direct importance for understanding the frameworks as well as the practical outcomes of public participation. The case of 3G in Sweden demonstrates how different types of knowledge are perceived as legitimate at different levels in the planning system. For example, appeals against building permits rarely change the outcome of permits issued, and appeals based on fear of electromagnetic radiation are always rejected. The juridification of a given mast conflict meant a development from a deliberative approach, where any concern is heard, to a calculating and expert-based one, where the general stance on a particular topic (such as whether or not the electromagnetic radiation from mobile masts is hazardous) is applied. This means that what knowledge is legitimate depends on where in the permit process it is presented.

What type of metaphors do file-sharers employ to conceptualise copyright in a digital society? How do they understand property and intellectual property in this context? How do they conceive the file-sharing community and how does this 'online piracy' connect or not connect to law, social norms, copyright enforcement, and computational traceability? Given the historical variations in the inherent emphasis on ownership and attribution in copyright law within an American vis-à-vis a French continental context, are there, for example, noticeable differences between the American and the French respondents? By drawing heavily from conceptual metaphor theory, this article analyses findings from a large-scale survey (20,000 respondents) on online file-sharing. The results indicate that copyright is not seen as 'property' by the respondents at all, that a majority of the US and French file-sharers would prefer to be more anonymous online in order to avoid legal enforcement, and that almost one out of five already uses such tools. The results indicate that there is a difference in how the American and the French file- sharers understand or conceptualise the future of file-sharing and its relationship to copyright and that the French file-sharers focus more on the actual artists, while the American file-sharers focus more on the role of the industry and the government.

This chapter addresses the difference between the intentions of the law and its application by using mobile telephony infrastructure development in Sweden as a case. Three possible pitfalls for policy management in general are concluded and analyzed. The first pitfall deals with legal complexity, which may be a result of piecemeal changes to the governing legal bodies over a longer time and is here argued to be of relevance for issues of public participation and access to justice. Another problematic pitfall concerns when law is internally contradictory without any clear hierarchy, which is exemplified below. The third possible pitfall, which often is a point of focus in sociology of law, concerns when extra-legal factors interfere in the legal decision-making without this being pronounced or acknowledged. This means that economy and politics can affect the application of law to the extent that legal security and predictability is jeopardized. These three possible pitfalls in policy represent issues of general character in the legal government of land use and spatial planning, and are here analysed from a socio-legal perspective.

This article analyses the path dependence of European copyright. It shows how copyright is legally constructed, is harmonised through international treaties and European regulatory efforts in terms of InfoSoc Directive and the IPRED, and is also affected by the Data Retention Directive and the Telecommunications Reform package. Furthermore, the "secretly" negotiated ACTA agreement is discussed as it may impose stronger copyright on Member States. This means that the formulations and metaphors of how copyright is constructed and conceptualised contribute towards various lock-in effects as the dependence on the given path increases. The strong path dependence of European copyright law results in regulation that suffers from legitimacy issues. Copyright construction is a legal complex that in general is based on ideas of the conditions of an analogue world for distribution and production of copies, but it is armed with increasingly protective measures when faced with human conduct in the context of digital networks. To some extent, this most probably involves the expansion of the concepts and metaphors that once described only non-digital practice. The trend in European copyright is therefore strongly protectionist, through the expanding and strengthening of rights and their enforcement, and in that it is self-reinforcing, being locked into certain standards. The path dependence of European copyright serves as a strong argument for those who benefit from its preservation, signalling that there are power structures supporting the colonisation by this specific legal path of other legal paths that protect other values, such as consumer privacy or versions of integrity. There is a clear tendency in targeting the ISPs and other intermediaries in attempts to keep the copyright path intact. The development of European copyright, in its broad sense, not only re-builds the Internet in terms of traceability, but also law enforcement in terms of mass-surveillance. The digitalisation of society requires that new questions be asked as to how legal enforcement is or can be performed with regard to the mass-surveillance of the multitude of habits and secrets in our everyday lives. This means that there is a growing political responsibility for balancing privacy concerns and new and extreme possibilities for recording behaviour by means of data logs and digital supervision, all of which is part of the enforcement of copyright as a result of its strong path dependence. Thus, the path dependence of copyright leads to an imbalance of principal importance between the interests at stake. The imbalance lies in that a special interest is allowed to modify methods of legal enforcement from the reactive and particular to the pre-emptive and general. The special copyright interest gains at the expense of the privacy of everyone.

Predictability is a key function of law. When the application of law goes from being flexible to becoming unpredictable this key function is lost. This article shows how legal application can deviate from formal agreements and law, how legal predictability experiences a setback when other forces or values affect the decision making that is supposed to be strictly legally controlled. Non-legally acknowledged factors can affect the decision-making tacitly. This means that causes like economy and politics can affect the application of law, although not admittedly, and the legislative process in order to change the application. The example used for this demonstration is taken from the Swedish development of the third generation of mobile phone infrastructure, 3G, and more specifically the responsible authority's, the Post and Telecommunications Agency, supervision of the four licence winning operators during the infrastructure roll-out. The paper addresses the difference between the intentions of the law and the application of the law, analyses and aims to explain parts of the legal complexities or inconsistencies from a socio-legal perspective. To do so, data permit process data from a regional case collected within a MiSt study (Larsson 2008) is used, along with legal documents, cases, PTA reports and more.

By drawing from a number of studies in the field as well as the Snowden revelations and the case of MegaUpload/MEGA, the article makes an analysis of relevant legislation on privacy in the digital context. The purpose of the analysis is to understand to what extent and how the current paradigm of privacy protection is, or is not, sufficient for contemporary needs. In particular, we ask how privacy is protected by policy in an American context and to what extent this is or is not insufficient in relation to an approach of "privacy by design". In short, we conclude that privacy by policy is necessary but not sufficient and that efforts should be made to further implement policy by design.

The current study empirically demonstrates the widely discussed gap between copyright law and social norms. Theoretically founded in the sociology of law, the study uses a well-defined concept of norms to quantitatively measure changes in the strength of social norms before and after the implementation of legislation. The 'IPRED law' was implemented in Sweden on 1 April 2009, as a result of the EU IPR Enforcement Directive 2004/48/EC. It aims at enforcing copyright, as well as other IP rights, when they are violated, especially online. A survey was conducted three months before the IPRED law came into force, and it was repeated six months later. The approximately one thousand respondents between fifteen and twenty-five years-of-age showed, among other things, that although actual file-sharing behaviour had to some extent decreased in frequency, social norms remained unaffected by the law.