Challenges for Copyright by ICT: Digital Content Providers

Providers of digital information might be confronted with copyright related problems when using some of the special features of hypertext media like frames and hyperlinks (which both use third party content available on the Internet to enhance a webpage or CD ROM), or operate a search engine or online directory on their website.

Framing

Frames are often used to help define, and navigate within, a content provider's website. Still, when they are used to present (copyrighted) third party material from other sites issues of passing off and misleading or deceptive conduct, as well as copyright infringement, immediately arise.

Hyperlinking

It is generally held that the mere creation of a hyperlink does not, of itself, infringe copyright as usually the words indicating a link or the displayed URL are unlikely to be considered a "work". Nevertheless if a link is clicked on the users browser will download a full copy of the material at the linked address creating a copy in the RAM of his computer courtesy of the address supplied by the party that published the link. Although it is widely agreed that the permission to download material over the link must be part of an implied license granted by the person who has made the material available on the web in the first place, the scope of this implied license is still the subject of debate. Another option that has been discussed is to consider linking fair use.

Furthermore hyperlinks, and other "information location tools", like online directories or search engines could cause their operators trouble if they refer or link users to a site that contains infringing material. In this case it is yet unclear whether providers can be held liable for infringement.

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Democracy


How is democracy concerned with propaganda and disinformation?
"Democratic governments must tolerate a free press, regardless of criticism. It is a measure of their democracy." (Taylor, Munitions of the Mind, p. 147)
Disinformation is not at all the contrary of democracy.
The idea that democracy means a system to disclose disinformation or even to be the opposite of disinformation, is itself a disinforming message, because democracies themselves frequently use that tool, if it serves their purposes, like in war, economy and elections.
No (contemporary) political/ideological system is safe from propaganda and disinformation. All of them are using them if it seems necessary and appropriate. Democracy, always pretending to be the most liberal and most human system, is no exception.

For Military disinformation/propaganda see:
http://www.globalissues.org/Geopolitics/ArmsTrade/ArmsPropaganda.asp

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Two Examples of Disinforamtion in the Eastern Bloc

In the USSR manipulation of the population was one of the big tasks for the government. But manipulation got even further, for example when the English expert John Maynard came back from a visit in the Ukraine in 1933, he told about poverty but not about hunger. In fact he did not have seen anyone starving as the Soviets just showed him the things they wanted to show. Maynard was involuntarily used to spread Soviet disinformation. As a person from the West, the Western media tended to believe him.

A nearly humorous variety of disinformation was ordered by Nicolae Ceausescu in the 1980s. It was a very cold winter and too little heating material was available. Therefore Ceausescu made a law that TV-forecasts-weather-forecasts were not allowed to talk about temperatures below 15° Celsius. Like this he hoped to keep the population quiet.

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History: Communist Tradition

Following the communist revolutions of the 20th century all "means of production" became the property of the state as representative of "the masses". Private property ceased to exist. While moral rights of the creator were recognized and economic rights acknowledged with a one-time cash award, all subsequent rights reverted to the state.

With the transformation of many communist countries to a market system most of them have now introduced laws establishing markets in intellectual property rights. Still the high rate of piracy reflects a certain lack of legal tradition.

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Total copyright industries

The total copyright industries encompass the "core copyright industries" and portions of many other industries that either create, distribute, or depend upon copyrighted works. Examples include retail trade (a portion of which is sales of video, audio, software, and books, for example), the doll and toy industry, and computer manufacturing.


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Invention

According to the WIPO an invention is a "... novel idea which permits in practice the solution of a specific problem in the field of technology." Concerning its protection by law the idea "... must be new in the sense that is has not already been published or publicly used; it must be non-obvious in the sense that it would not have occurred to any specialist in the particular industrial field, had such a specialist been asked to find a solution to the particular problem; and it must be capable of industrial application in the sense that it can be industrially manufactured or used." Protection can be obtained through a patent (granted by a government office) and typically is limited to 20 years.

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Slobodan Milosevic

Slobodan Milosevic (* 1941) is a Serbian political leader.
As a young man S. Milosevic joined the Communist Party, in 1984 the banker became head of the local Communist Party of Belgrade, in 1987 head of the Serb CP. Since 1989 he has been president of Serbia (since 1997 president of the new Federal Republic of Yugoslavia). During his reign the Yugoslav Republic broke up, bringing about the independence of Slovenia and Croatia and the war in Bosnia. In 1998 the Kosovo Crisis started.

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Industrial design

Industrial design refers to the ornamental aspect of a useful article which may constitute of two or three-dimensional elements. To be qualified for intellectual property protection the design must be novel or original. Protection can be obtained through registration in a government office and usually is given for 10 to 15 years.

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