Martin Eckert has published an essay in the current SJZ on the topic of “Digital data as an economic good: digital data as a thing”. The essay is based on a presentation given on February 2, 2016 (PDF). Eckert argues that “digital data” (machine-readable information encoded and stored in a binary code) meet the requirements for being an object and can therefore be assigned to property law de lege lata:
The functionality of the concept of tangible property advocated by Wiegand and the realities and needs of the digital economy permit an extension of the conventional concept of tangible property to digital data. These fulfill the requirements of controllability and – to the extent required at all under Swiss law – physicality. Digital data can be subsumed under a slightly expanded notion of tangible property and thus be the subject matter of driving property and possession.
The conclusions Eckert draws from this can be seen in the paper mentioned above.