Those who have been following recent posts on this topic
might like to be aware of the British Library's work 
on IP in the context of digital technology; the following 
is the entry point for their materials:

     http://www.bl.uk/ip/

Searching the BL web-site for "digital is not different" 
may also prove useful; in particular see

     http://www.bl.uk/news/2006/pressrelease20061207.html

     http://www.bl.uk/ip/pdf/digitalexceptions.pdf 

Julian Wells