Private Law Theory

ABSTRACT
Technological products increasingly combine physical ownership with embedded digital systems that remain under manufacturer control. This development raises important questions regarding the evolving relationship between ownership, institutional authority, and user autonomy. While consumers may legally purchase and possess technologically advanced products, critical operational functions are often governed by proprietary software, diagnostic systems, and restricted component ecosystems. As a result, manufacturers may retain significant post-sale influence over the functionality, modification, and repair of products (Kohtala, 2017; Perzanowski & Schultz, 2016). This paper examines how digital technological architectures enable new forms of institutional control that subtly reshape traditional understandings of property rights. Using a publicly documented case involving the attempted independent rebuild of a modern hybrid vehicle as an illustrative example, the paper explores how software lock-in, diagnostic gatekeeping, and restricted component access can limit operational autonomy despite formal ownership. The analysis situates these developments within broader discussions of technological governance, corporate strategy, and leadership responsibility (Srnicek, 2017; Zuboff, 2019). The paper argues that digital integration allows organisations to exercise forms of post-sale digital authority, potentially transforming ownership from a condition of control into one of conditional access. The study contributes to emerging debates concerning right-to-repair movements, technological governance, and the ethical responsibilities of leadership in technologically mediated economies. It proposes a conceptual framework explaining how technological capabilities, strategic corporate choices, and digital control mechanisms interact to redefine the boundaries between ownership and institutional authority, contributing to the emergence of what may be described as conditional ownership regimes in technologically integrated products. Understanding this transformation is increasingly important as societies rely on products whose functionality depends on digitally controlled ecosystems.

Bruijl, Gerard H Th, Ownership Without Control: Digital Lock-In and the Emergence of Conditional Ownership in Technological Economies (March 12, 2026).