Challenges for Copyright by ICT: Introduction

Traditional copyright and the practice of paying royalties to the creators of intellectual property have emerged with the introduction of the printing press (1456). Therefore early copyright law has been tailored to the technology of print and the (re) production of works in analogue form. Over the centuries legislation concerning the protection of intellectual property has been adapted several times in order to respond to the technological changes in the production and distribution of information.

Yet again new technologies have altered the way of how (copyrighted) works are produced, copied, made obtainable and distributed. The emergence of global electronic networks and the increased availability of digitalized intellectual property confront existing copyright with a variety of questions and challenges. Although the combination of several types of works within one larger work or on one data carrier, and the digital format (although this may be a recent development it has been the object of detailed legal scrutiny), as well as networking (telephone and cable networks have been in use for a long time, although they do not permit interactivity) are nothing really new, the circumstance that recent technologies allow the presentation and storage of text, sound and visual information in digital form indeed is a novel fact. Like that the entire information can be generated, altered and used by and on one and the same device, irrespective of whether it is provided online or offline.


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Virtual cartels, oligopolistic structures

Global networks require global technical standards ensuring the compatibility of systems. Being able to define such standards makes a corporation extremely powerful. And it requires the suspension of competitive practices. Competition is relegated to the symbolic realm. Diversity and pluralism become the victims of the globalisation of baroque sameness.

The ICT market is dominated by incomplete competition aimed at short-term market domination. In a very short time, new ideas can turn into best-selling technologies. Innovation cycles are extremely short. But today's state-of-the-art products are embryonic trash.

    According to the Computer and Communications Industry Association, Microsoft is trying to aggressively take over the network market. This would mean that AT&T would control 70 % of all long distance phone calls and 60 % of cable connections.



    AOL and Yahoo are lone leaders in the provider market. AOL has 21 million subscribers in 100 countries. In a single month, AOL registers 94 million visits. Two thirds of all US internet users visited Yahoo in December 1999.



    The world's 13 biggest internet providers are all American.



    AOL and Microsoft have concluded a strategic cross-promotion deal. In the US, the AOL icon is installed on every Windows desktop. AOL has also concluded a strategic alliance with Coca Cola.


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Intellectual Property and the "Information Society" Metaphor

Today the talk about the so-called "information society" is ubiquitous. By many it is considered as the successor of the industrial society and said to represent a new form of societal and economical organization. This claim is based on the argument, that the information society uses a new kind of resource, which fundamentally differentiates from that of its industrial counterpart. Whereas industrial societies focus on physical objects, the information society's raw material is said to be knowledge and information. Yet the conception of the capitalist system, which underlies industrial societies, also continues to exist in an information-based environment. Although there have been changes in the forms of manufacture, the relations of production remain organized on the same basis. The principle of property.

In the context of a capitalist system based on industrial production the term property predominantly relates to material goods. Still even as in an information society the raw materials, resources and products change, the concept of property persists. It merely is extended and does no longer solely consider physical objects as property, but also attempts to put information into a set of property relations. This new kind of knowledge-based property is widely referred to as "intellectual property". Although intellectual property in some ways represents a novel form of property, it has quickly been integrated in the traditional property framework. Whether material or immaterial products, within the capitalist system they are both treated the same - as property.

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ECHELON Main Stations

Location

Country

Target/Task

Relations

MORWENSTOW

UK

INTELSAT, Atlantic, Europe, Indian Ocean

NSA, GCHQ

SUGAR GROVE

USA

INTELSAT, Atlantic, North and South America

NSA

YAKIMA FIRING CENTER

USA

INTELSAT, Pacific

NSA

WAIHOPAI

NEW ZEALAND

INTELSAT, Pacific

NSA, GCSB

GERALDTON

AUSTRALIA

INTELSAT, Pacific

NSA, DSD

















MENWITH HILL

UK

Sat, Groundstation, Microwave(land based)

NSA, GCHQ

SHOAL BAY

AUSTRALIA

Indonesian Sat

NSA, DSD

LEITRIM

CANADA

Latin American Sat

NSA, CSE

BAD AIBLING

GERMANY

Sat, Groundstation

NSA

MISAWA

JAPAN

Sat

NSA

















PINE GAP

AUSTRALIA

Groundstation

CIA

















FORT MEADE

USA

Dictionary Processing

NSA Headquarters

WASHINGTON

USA

Dictionary Processing

NSA

OTTAWA

CANADA

Dictionary Processing

CSE

CHELTENHAM

UK

Dictionary Processing

GCHQ

CANBERRA

AUSTRALIA

Dictionary Processing

DSD

WELLINGTON

NEW ZEALAND

Dictionary Processing

GCSB Headquarters



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Key-Systems

As stated, telecommunication is seen as an unreliable media for transporting secret messages. Therefore today, cryptography is needed more than ever before, especially for e-commerce.
Key cryptosystems try to provide more privacy.

symmetric-key cryptosystems:
The same key is used for both encryption and decryption. In this case the encipherer and the recipient of the message/text have to agree on a common key before the enciphering-process can start. And most of all they should trust each other. And exactly this is the main problem of this system: how to exchange the key without offering an opportunity for stealing it?
In former times messengers or pigeons were doing the exchange of those keys.

Symmetric-key systems make sense in small entities. If a lot of people are spread over a wide area and belong to the same network, distributing the keys starts getting complicated.
Today, those cryptosystems get controlled by other keys, based on highly complex mathematical algorithms.
some symmetric-key systems are:

- DES (Data Encryption Standard), the standard for credit cards
- Triple-DES, which is a variation of DES, encrypting the plaintext three times.
- IDEA (International Data Encryption Standard)
- blowfish encryption algorithm, which is said to be faster than DES and IDEA

Security and confidence are the key-words for a popular key-system: As DES and its successors have been used for so many years and by many people without having been broken, they are considered safe - safer than others, not used that frequently, no matter whether they are actually safer or not.

For further information see:
http://www.sbox.tu-graz.ac.at/home/j/jonny/projects/crypto/symmetr/content.htm

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Virtual cartels; mergers

In parallel to the deregulation of markets, there has been a trend towards large-scale mergers which ridicules dreams of increased competition.

Recent mega-mergers and acquisitions include

SBC Communications - Ameritech, $ 72,3 bn

Bell Atlantic - GTE, $ 71,3

AT&T - Media One, $ 63,1

AOL - Time Warner, $ 165 bn

MCI Worldcom - Spring, $ 129 bn

The total value of all major mergers since the beginnings of the 1990s has been 20 trillion Dollars, 2,5 times the size of the USA's GIP.

The AOL- Time Warner reflects a trend which can be observed everywhere: the convergence of the ICT and the content industries. This represents the ultimate advance in complete market domination, and a alarming threat to independent content.

"Is TIME going to write something negative about AOL? Will AOL be able to offer anything other than CNN sources? Is the Net becoming as silly and unbearable as television?"

(Detlev Borchers, journalist)

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The Theory of the Celestro-Centric World


In 1870 the U.S.-American C.R.Teed, inspired by the lecture of the bible and elder believers (like Edmund Halley in 1692), developed a new model of the world. In Germany the idea was published by Karl Neupert. In the 1930s the theory got famous, when it was published as the new world-vision. Though the theories differed slightly, all authors imagined the world as a ball, where human beings live inside. In the middle are the moon and the sun - and also God, sitting in the center.

for further details see:
http://www.angelfire.com/il/geocosmos/

http://home.t-online.de/home/Werner_Lang

Those who believe in it, call it the truth, those who simply like the idea, may call it a parallel science. Others call it disinformation, asking for the reasons to spread it. The turning to the inside, where there is no way out, produces a different reality. It shows that realities are always produced.
Political conservatives and racists like Hitler were fascinated by the idea and tried to present it as a new truth, a new reality, which was possible to make ideological use of.

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Assembly line

An assembly line is an industrial arrangement of machines, equipment, and workers for continuous flow of workpieces in mass production operations. An assembly line is designed by determining the sequences of operations for manufacture of each product component as well as the final product. Each movement of material is made as simple and short as possible with no cross flow or backtracking. Work assignments, numbers of machines, and production rates are programmed so that all operations performed along the line are compatible.

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Neighboring rights

Copyright laws generally provide for three kinds of neighboring rights: 1) the rights of performing artists in their performances, 2) the rights of producers of phonograms in their phonograms, and 3) the rights of broadcasting organizations in their radio and television programs. Neighboring rights attempt to protect those who assist intellectual creators to communicate their message and to disseminate their works to the public at large.

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Mark

A mark (trademark or service mark) is "... a sign, or a combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings. The sign may particularly consist of one or more distinctive words, letters, numbers, drawings or pictures, emblems, colors or combinations of colors, or may be three-dimensional..." (WIPO) To be protected a mark must be registered in a government office whereby generally the duration is limited in time, but can be periodically (usually every 10 years) renewed.

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Satellites

Communications satellites are relay stations for radio signals and provide reliable and distance-independent high-speed connections even at remote locations without high-bandwidth infrastructure.

On point-to-point transmission, the transmission method originally employed on, satellites face increasing competition from fiber optic cables, so point-to-multipoint transmission increasingly becomes the ruling satellite technology. Point-to-multipoint transmission enables the quick implementation of private networks consisting of very small aperture terminals (VSAT). Such networks are independent and make mobile access possible.

In the future, satellites will become stronger, cheaper and their orbits will be lower; their services might become as common as satellite TV is today.

For more information about satellites, see How Satellites Work (http://octopus.gma.org/surfing/satellites) and the Tech Museum's satellite site (http://www.thetech.org/hyper/satellite).

http://www.whatis.com/vsat.htm
http://octopus.gma.org/surfing/satellites
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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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Gerard J. Holzmann and Bjoern Pehrson, The Early History of Data Networks

This book gives a fascinating glimpse of the many documented attempts throughout history to develop effective means for long distance communications. Large-scale communication networks are not a twentieth-century phenomenon. The oldest attempts date back to millennia before Christ and include ingenious uses of homing pigeons, mirrors, flags, torches, and beacons. The first true nationwide data networks, however, were being built almost two hundred years ago. At the turn of the 18th century, well before the electromagnetic telegraph was invented, many countries in Europe already had fully operational data communications systems with altogether close to one thousand network stations. The book shows how the so-called information revolution started in 1794, with the design and construction of the first true telegraph network in France, Chappe's fixed optical network.

http://www.it.kth.se/docs/early_net/

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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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