GROSHEIDE Universal Declaration of Human Rights(UDHR), Treaty of New York(BUPO), TRIPS Agreement (TRIPS), and the WIPO Copyright Treaty(WCT)are examples of this state of affairs 4 Evidently, the commod ification of infomation in todays society has transformed it into a primary good which can be ranked alongside other primary goods such as rights, liberties, powers, opportunities, income and wealth. 5 In the same way as indiv iduals are assumed to want rights, liberties, powers and so on, they can also be assumed to want infomation. In fact, taking the different definitional approaches to information for granted, it may be said that when taken together they have a umulative impact suggesting that infomation is a primary good that is a foundation for the other kinds of primary goods mentioned. It may here be noted that the commodification of information is only one aspect of -what Rifkin calls-the metamorphosis in the organization of human relations from the production and commercal exchange of propertied goods to access to commodified service relationships. 7 As a consequence physical property is less relevant than in the past as it is no longer the sole reference point by which to measure economic activity. The dvent of electronic commerce is a determining factor in this respect, transfoming physical goods into services, while services themselves are now less perceived being comparable to sales and more as long-term relationships between servers and clients ow crucial information is in this respect is reflected by the fact that transactions with regard to infomation can be made using the computer network simultaneously for the formation of the contract and as a pipeline for the delivery thereof. Texts, music, software and mages offer examples of information products that are traded in such a way Particularly these products fit rather well within the terminology used by the EU with regard to electronic commerce: Information society services. 9 The commodification of infomation and the fact that it has become a primary good has appeared to have a major effect on the access to information since it changed its status from mere factual into simultaneously legal. Today, from a legal point of view An interesting analysi of thi state of affairs s offered by Anthony d'Amato, Dors estelle Long, International Intellectual Property Law(Khwer LawIntemational 1997). According to J. Rawb, A Theory of Justce(London Oford New York 1972), p. 72, prmary goods can be natural or social. In the contextof this paper the noton of primary goods refers to socia primary goods. Compare Peter Drahos, A Philosophy of Intellectual Property(Dartmouth Aldershot 1996) p 173-175. It s of course ckar that there i no one comprehensive defnition of nformation with a transdicphnary val d iy. On the contrary, the multitude of approaches to nformation indicates that t has a number of functions and rols t play, which differ accord ng to the perspective from which information is approached Rifkin, referred to innote 3, pp. 84-85 Compare F w. Grosheide, K. Boele-Woeki, Articles on Intemational Commercial Contracts and Intellectual Poperty -E Commerce Issue, Molengrafica 1999/2000(Vermande Lelystad 20005 P B Hugenholtz(ed)Copyright and Electroni Commerce(Kluwer Law intemational The Hague London Boston 2000). coes Control and Innovation under the Emerging EU Electroni Commerce= Framework, in F.w. Groshede, K Boele- Woelki, referred to in footnote 8, pp 212GROSHEIDE 212 Universal Declaration of Human Rights (UDHR), Treaty of New York (BUPO), TRIPS Agreement (TRIPS), and the WIPO Copyright Treaty (WCT) are examples of this state of affairs.4 Evidently, the commodification of information in today’s society has transformed it into a primary good which can be ranked alongside other primary goods such as rights, liberties, powers, opportunities, income and wealth.5 In the same way as individuals are assumed to want rights, liberties, powers and so on, they can also be assumed to want information. In fact, taking the different definitional approaches to information for granted, it may be said that when taken together they have a cumulative impact suggesting that information is a primary good that is a foundation for the other kinds of primary goods mentioned.6 It may here be noted that the commodification of information is only one aspect of – what Rifkin calls – the metamorphosis in the organization of human relations from the production and commercial exchange of propertied goods to access to commodified service relationships.7 As a consequence physical property is less relevant than in the past as it is no longer the sole reference point by which to measure economic activity. The advent of electronic commerce is a determining factor in this respect, transforming physical goods into services, while services themselves are now less perceived being comparable to sales and more as long-term relationships between servers and clients. How crucial information is in this respect is reflected by the fact that transactions with regard to information can be made using the computer network simultaneously for the formation of the contract and as a pipeline for the delivery thereof. Texts, music, software and images offer examples of information products that are traded in such a way.8 Particularly these products fit rather well within the terminology used by the EU with regard to electronic commerce: Information society services. 9 The commodification of information and the fact that it has become a primary good has appeared to have a major effect on the access to information since it changed its status from mere factual into simultaneously legal. Today, from a legal point of view, 4. An interesting analysis of this state of affairs is offered by Anthony d’Amato, Doris Estelle Long, International Intellectual Property Law (Kluwer Law International 1997). 5. According to J. Rawls, A Theory of Justice (London Oxford New York 1972), p. 72, primary goods can be natural or social. In the context of this paper the notion of primary goods refers to social primary goods. 6. Compare Peter Drahos, A Philosophy of Intellectual Property (Dartmouth Aldershot 1996), p. 173-175. It is of course clear that there is no one comprehensive definition of information with a transdiciplinary validity. On the contrary, the multitude of approaches to information indicates that it has a number of functions and roles to play, which differ according to the perspective from which information is approached.. 7. Rifkin, referred to in note 3, pp. 84-85. 8. Compare F.W. Grosheide, K. Boele-Woelki, Articles on International Commercial Contracts and Intellectual Property – E Commerce Issue, Molengrafica 1999/2000 (Vermande Lelystad 2000); P.B. Hugenholtz (ed.) Copyright and Electronic Commerce (Kluwer Law international The Hague London Boston 2000). 9. Comp. T.P. Heide, Acces Control and Innovation under the Emerging EU Electronic Commerce= Framework, in F.W. Grosheide, K. Boele-Woelki, referred to in footnote 8, pp. 189-235