Challenges for Copyright by ICT: Internet Service Providers ISPs (Internet Service Providers) (and to a certain extent also telecom operators) are involved in the copyright debate primarily because of their role in the transmission and storage of digital information. Problems arise particularly concerning caching, information residing on systems or networks of ISPs at the directions of users and transitory communication. Caching Caching it is argued could cause damage because the copies in the cache are not necessarily the most current ones and the delivery of outdated information to users could deprive website operators of accurate "hit" information (information about the number of requests for a particular material on a website) from which advertising revenue is frequently calculated. Similarly harms such as defamation or infringement that existed on the original page may propagate for years until flushed from each cache where they have been replicated. Although different concepts, similar issues to caching arise with mirroring (establishing an identical copy of a website on a different server), archiving (providing a historical repository for information, such as with newsgroups and mailing lists), and full-text indexing (the copying of a document for loading into a full-text or nearly full-text database which is searchable for keywords or concepts). Under a literal reading of some copyright laws caching constitutes an infringement of copyright. Yet recent legislation like the DMCA or the proposed EU Directive on copyright and related rights in the information society (amended version) have provided exceptions for ISPs concerning particular acts of reproduction that are considered technical copies (caching). Nevertheless the exemption of liability for ISPs only applies if they meet a variety of specific conditions. In the course of the debate about caching also suggestions have been made to subject it to an implied license or fair use defense or make it (at least theoretically) actionable. Information Residing on Systems or Networks at the Direction of Users ISPs may be confronted with problems if infringing material on websites (of users) is hosted on their systems. Although some copyright laws like the DMCA provide for limitations on the liability of ISPs if certain conditions are met, it is yet unclear if ISPs should generally be accountable for the storage of infringing material (even if they do not have actual knowledge) or exceptions be established under specific circumstances. Transitory Communication In the course of transmitting digital information from one point on a network to another ISPs act as a data conduit. If a user requests information ISPs engage in the transmission, providing of a connection, or routing thereof. In the case of a person sending infringing material over a network, and the ISP merely providing facilities for the transmission it is widely held that they should not be liable for infringement. Yet some copyright laws like the DMCA provide for a limitation (which also covers the intermediate and transient copies that are made automatically in the operation of a network) of liability only if the ISPs activities meet certain conditions. For more information on copyright (intellectual property) related problems of ISPs (BBSs (Bulletin Board Service Operators), systems operators and other service providers) see: Harrington, Mark E.: On-line Copyright Infringement Liability for Internet Service Providers: Context, Cases & Recently Enacted Legislation. In: Intellectual Property and Technology Forum. June 4, 1999. Teran, G.: Who is Vulnerable to Suit? ISP Liability for Copyright Infringement. November 2, 1999.

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Another voluntary Disinformation A very different form of voluntary disinformation are the calls for donations. Donations offer the possibility to do something good, to help the poor. Afterwards one does no longer have to feel guilty for being luckier than those "others". The same pictures of starving and desperate children for decades, of starving babies with big sad eyes. The pictures show a terrible life. But the idea that contributing money would change the destiny of those children and other people is a lie. States use their population for paying money to make the states' policy less unjust. In fact the money of the Western donators perpetuates the dependence and because of this prolongs the misery into a vicious circle of disinformation on both sides, but it is clever to have one's people believing that they can change the world.

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History: European Tradition Only in Roman times the first rights referring to artistic works appeared. Regulations resembling a lasting exclusive right to copy did not occur until the 17th century. Before copyright was a private arrangement between guilds able to reproduce copies in commercial quantities. In France and Western European countries "droits d'auteur" or author's rights is the core of what in the Anglo-American tradition is called copyright. Such rights are rooted in the republican revolution of the late 18th century, and the Rights of Man movement. Today in the European system the creator is front and center; later exploiters are only secondary players. France During the 18th century France gradually lost the ability to restrict intellectual property. Before the Revolution, all books, printers and booksellers had to have a royal stamp of approval, called a "privilege". In return for their lucrative monopoly, the French guild of printers and booksellers helped the police to suppress anything that upset royal sensibilities or ran contrary to their interests. Still there were also a whole lot of underground printers who flooded the country with pirated, pornographic and seditious literature. And thousands of writers, most at the edge of starvation. In 1777 the King threatened the monopoly by reducing the duration of publisher's privileges to the lifetime of the authors. Accordingly a writer's work would go into the public domain after his death and could be printed by anyone. The booksellers fought back by argumenting that, no authority could take their property from them and give it to someone else. Seven months later, in August 1789, the revolutionary government ended the privilege system and from that time on anyone could print anything. Early in 1790 Marie-Jean-Antoine-Nicolas de Caritat, Marquis de Condorcet proposed giving authors power over their own work lasting until ten years after their deaths. The proposal - the basis for France's first modern copyright law - passed in 1793.

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Credibility The magic word is credibility. NATO took away part of its credibility by extending more and more the definition of military facilities, which where to be destroyed in order to end the Serb power. Disinformation can mean leaving out important informations. Telling lies is not the only method of disinformation. The not telling also creates thoughts and delegates them into certain directions, whereas other models of thinking are left out. Like this, the deaths on the own side are adjusted downwards whereas the victims of the enemy are counted proudly - as long as they are not civilians. The post-Gulf War period demonstrated how the population reacts if the number of innocent victims is much higher than expected. It was the fact of those numbers that provoked the biggest part of the post-war critique. The media in democratic states tend to criticize this, which does not mean that they always want to be free of governmental influence. They can choose to help the government in a single case by not writing anything against it or by writing pro-government stories. At the same time every democracy has undemocratic parts in it - which is already part of democracy itself. There are situations when a democratic government may find it essential to put pressure on the media to inform the population in a certain way; and also censorship is nothing that can only be connected to dictatorship; just think of the Falkland War, the Gulf-War or the Kosovo-War.

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The Piracy "Industry" Until recent years, the problem of piracy (the unauthorized reproduction or distribution of copyrighted works (for commercial purposes)) was largely confined to the copying and physical distribution of tapes, disks and CDs. Yet the emergence and increased use of global data networks and the WWW has added a new dimension to the piracy of intellectual property by permitting still easier copying, electronic sales and transmissions of illegally reproduced copyrighted works on a grand scale. This new development, often referred to as Internet piracy, broadly relates to the use of global data networks to 1) transmit and download digitized copies of pirated works, 2) advertise and market pirated intellectual property that is delivered on physical media through the mails or other traditional means, and 3) offer and transmit codes or other technologies which can be used to circumvent copy-protection security measures. Lately the International Intellectual Property Alliance has published a new report on the estimated trade losses due to piracy. (The IIPA assumes that their report actually underestimates the loss of income due to the unlawful copying and distribution of copyrighted works. Yet it should be taken into consideration that the IIPA is the representative of the U.S. core copyright industries (business software, films, videos, music, sound recordings, books and journals, and interactive entertainment software).) Table: IIPA 1998 - 1999 Estimated Trade Loss due to Copyright Piracy (in millions of US$) Motion Pictures Records & Music Business Applications Entertainment Software Books 1999 1998 1999 1998 1999 1998 1999 1998 1999 1998 Total Losses 1323 1421 1684 1613 3211 3437 3020 2952 673 619 Total Losses (core copyright industries) 1999 1998 9910.0 10041.5

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Intellectual Property: A Definition Intellectual property, very generally, relates to the output, which result from intellectual activity in the industrial, scientific, literary and artistic fields. Traditionally intellectual property is divided into two branches: 1) Industrial Property a) Inventions b) Marks (trademarks and service marks) c) Industrial designs d) Unfair competition (trade secrets) e) Geographical indications (indications of source and appellations of origin) 2) Copyright The protection of intellectual property is guaranteed through a variety of laws, which grant the creators of intellectual goods, and services certain time-limited rights to control the use made of their products. Those rights apply to the intellectual creation as such, and not to the physical object in which the work may be embodied.

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Legal Protection: WIPO (World Intellectual Property Organization) Presumably the major player in the field of international intellectual property protection and administrator of various multilateral treaties dealing with the legal and administrative aspects of intellectual property is the WIPO. Information on WIPO administered agreements in the field of industrial property (Paris Convention for the Protection of Industrial Property (1883), Madrid Agreement Concerning the International Registration of Marks (1891) etc.) can be found on: http://www.wipo.org/eng/general/index3.htm Information on treaties concerning copyright and neighboring rights (Berne Convention for the Protection of Literary and Artistic Works (1886) etc.) is published on: http://www.wipo.org/eng/general/index5.htm The most recent multilateral agreement on copyright is the 1996 WIPO Copyright Treaty. Among other things it provides that computer programs are protected as literary works and also introduces the protection of databases, which "... by reason of the selection or arrangement of their content constitute intellectual creations." Furthermore the 1996 WIPO Copyright Treaty contains provisions concerning technological measures, rights management information and establishes a new "right of communication to the public". It is available on: http://www.wipo.org/eng/diplconf/distrib/treaty01.htm

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Legal Protection: European Union Within the EU's goal of establishing a European single market also intellectual property rights are of significance. Therefore the European Commission aims at the harmonization of the respective national laws of the EU member states and for a generally more effective protection of intellectual property on an international level. Over the years it has adopted a variety of Conventions and Directives concerned with different aspects of the protection of industrial property as well as copyright and neighboring rights. An overview of EU activities relating to intellectual property protection is available on the website of the European Commission (DG Internal Market): http://www.europa.eu.int/comm/internal_market/en/intprop/intprop/index.htm

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Copyright Management and Control Systems: Post-Infringement Post-infringement technologies allow the owners of copyrighted works to identify infringements and thus enhance enforcement of intellectual property rights and encompass systems such as: Steganography Applied to electronic files, steganography refers to the process of hiding information in files that can not be easily detected by users. Steganography can be used by intellectual property owners in a variety of ways. One is to insert into the file a "digital watermark" which can be used to prove that an infringing file was the creation of the copyright holder and not the pirate. Other possibilities are to encode a unique serial number into each authorized copy or file, enabling the owner to trace infringing copies to a particular source, or to store copyright management information. Agents Agents are programs that can implement specified commands automatically. Copyright owners can use agents to search the public spaces of the Internet to find infringing copies. Although the technology is not yet very well developed full-text search engines allow similar uses. Copyright Litigation While not every infringement will be the subject of litigation, the threat of litigation helps keep large pirate operations in check. It helps copyright owners obtain relief for specific acts of infringement and publicly warns others of the dangers of infringement.

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The Copyright Industry Copyright is not only about protecting the rights of creators, but has also become a major branch of industry with significant contributions to the global economy. According to the International Intellectual Property Alliance the U.S. copyright industry has grown almost three times as fast as the economy as a whole for the past 20 years. In 1997, the total copyright industries contributed an estimated US$ 529.3 billion to the U.S. economy with the core copyright industries accounting for US$ 348.4 billion. Between 1977 and 1997, the absolute growth rate of value added to the U.S. GDP by the core copyright industries was 241 %. Also the copyright industry's foreign sales in 1997 (US$ 66.85 billion for the core copyright industries) were larger than the U.S. Commerce Department International Trade Administration's estimates of the exports of almost all other leading industry sectors. They exceeded even the combined automobile and automobile parts industries, as well as the agricultural sector. In an age where knowledge and information become more and more important and with the advancement of new technologies, transmission systems and distribution channels a further increase in the production of intellectual property is expected. Therefore as copyright establishes ownership in intellectual property it is increasingly seen as the key to wealth in the future.

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1900 - 2000 A.D. 1904 First broadcast talk 1918 Invention of the short-wave radio 1929 Invention of television in Germany and Russia 1941 Invention of microwave transmission 1946 Long-distance coaxial cable systems and mobile telephone services are introduced in the USA. 1957 Sputnik, the first satellite, is launched by the USSR First data transmissions over regular phone circuits. At the beginning of the story of today's global data networks is the story of the development of satellite communication. In 1955 President Eisenhower announced the USA's intention to launch a satellite. But it in the end it was the Soviet Union, which launched the first satellite in 1957: Sputnik I. After Sputnik's launch it became evident that the Cold War was also a race for leadership in the application of state-of-the-art technology to defense. As the US Department of Defense encouraged the formation of high-tech companies, it laid the ground to Silicon Valley, the hot spot of the world's computer industry. The same year as the USA launched their first satellite - Explorer I - data was transmitted over regular phone circuits for the first time, thus laying the ground for today's global data networks. Today's satellites may record weather data, scan the planet with powerful cameras, offer global positioning and monitoring services, and relay high-speed data transmissions. Yet up to now, most satellites are designed for military purposes such as reconnaissance. 1969 ARPAnet online ARPAnet was the small network of individual computers connected by leased lines that marked the beginning of today's global data networks. An experimental network it mainly served the purpose of testing the feasibility of wide area networks and the possibility of remote computing. It was created for resource sharing between research institutions and not for messaging services like E-mail. Although US military sponsored its research, ARPAnet was not designed for directly martial use but to support military-related research. In 1969 ARPANET went online and linked the first two computers, one located at the University of California, Los Angeles, the other at the Stanford Research Institute. Yet ARPAnet did not become widely accepted before it was demonstrated in action to a public of computer experts at the First International Conference on Computers and Communication in Washington, D. C. in 1972. Before it was decommissioned in 1990, NSFnet, a network of scientific and academic computers funded by the National Science Foundation, and a separate new military network went online in 1986. In 1988 the first private Internet service providers started offering access to NSFnet to a general public. After having become the backbone of the Internet in the USA, in 1995 NSFnet was turned into a consortium of commercial backbone providers. This and the launch of the World Wide Web added to the success of the global data network we call the Net. In the USA it was already in 1994 that commercial users outnumbered military and academic users. Despite the rapid growth of the Net, most computers linked to it are still located in the United States. 1971 Invention of E-Mail 1979 Introduction of fiber-optic cable systems 1992 Launch of the World Wide Web

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1996 WIPO Copyright Treaty (WCT) The 1996 WIPO Copyright Treaty, which focused on taking steps to protect copyright "in the digital age" among other provisions 1) makes clear that computer programs are protected as literary works, 2) the contracting parties must protect databases that constitute intellectual creations, 3) affords authors with the new right of making their works "available to the public", 4) gives authors the exclusive right to authorize "any communication to the public of their works, by wire or wireless means ... in such a way that members of the public may access these works from a place and at a time individually chosen by them." and 5) requires the contracting states to protect anti-copying technology and copyright management information that is embedded in any work covered by the treaty. The WCT is available on: http://www.wipo.int/documents/en/diplconf/distrib/94dc.htm http://www.wipo.int/documents/en/diplconf/dis...

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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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WIPO The World Intellectual Property Organization is one of the specialized agencies of the United Nations (UN), which was designed to promote the worldwide protection of both industrial property (inventions, trademarks, and designs) and copyrighted materials (literary, musical, photographic, and other artistic works). It was established by a convention signed in Stockholm in 1967 and came into force in 1970. The aims of WIPO are threefold. Through international cooperation, WIPO promotes the protection of intellectual property. Secondly, the organization supervises administrative cooperation between the Paris, Berne, and other intellectual unions regarding agreements on trademarks, patents, and the protection of artistic and literary work and thirdly through its registration activities the WIPO provides direct services to applicants for, or owners of, industrial property rights.

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DMCA The DMCA (Digital Millennium Copyright Act) was signed into law by U.S. President Clinton in 1998 and implements the two 1996 WIPO treaties (WIPO Performances and Phonograms Treaty and WIPO Copyright Treaty). Besides other issues the DMCA addresses the influence of new technologies on traditional copyright. Of special interest in the context of the digitalization of intellectual property are the titles no. 2, which refers to the limitation on the liability of online service providers for copyright infringement (when certain conditions are met), no. 3, that creates an exemption for making a copy of a computer program in case of maintenance and repair, and no. 4 which is concerned with the status of libraries and webcasting. The DCMA has been widely criticized for giving copyright-holders even more power and damage the rights and freedom of consumers, technological innovation, and the free market for information.

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RIPE The RIPE Network Coordination Centre (RIPE NCC) is one of three Regional Internet Registries (RIR), which exist in the world today, providing allocation and registration services which support the operation of the Internet globally, mainly the allocation of IP address space for Europe. http://www.ripe.net

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Bandwidth The bandwidth of a transmitted communications signal is a measure of the range of frequencies the signal occupies. The term is also used in reference to the frequency-response characteristics of a communications receiving system. All transmitted signals, whether analog or digital, have a certain bandwidth. The same is true of receiving systems. Generally speaking, bandwidth is directly proportional to the amount of data transmitted or received per unit time. In a qualitative sense, bandwidth is proportional to the complexity of the data for a given level of system performance. For example, it takes more bandwidth to download a photograph in one second than it takes to download a page of text in one second. Large sound files, computer programs, and animated videos require still more bandwidth for acceptable system performance. Virtual reality (VR) and full-length three-dimensional audio/visual presentations require the most bandwidth of all. In digital systems, bandwidth is data speed in bits per second (bps). Source: Whatis.com

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NATO The North Atlantic Treaty was signed in Washington on 4 April 1949, creating NATO (= North Atlantic Treaty Organization). It was an alliance of 12 independent nations, originally committed to each other's defense. Between 1952 and 1982 four more members were welcomed and in 1999, the first ex-members of COMECON became members of NATO (the Czech Republic, Hungary and Poland), which makes 19 members now. Around its 50th anniversary NATO changed its goals and tasks by intervening in the Kosovo Crisis.

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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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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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Economic rights The economic rights (besides moral rights and in some cases also neighboring rights) granted to the owners of copyright usually include 1) copying or reproducing a work, 2) performing a work in public, 3) making a sound recording of a work, 4) making a motion picture of a work, 5) broadcasting a work, 6) translating a work and 7) adapting a work. Under certain national laws some of these rights are not exclusive rights of authorization but in specific cases, merely rights to remuneration.

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Proxy Servers A proxy server is a server that acts as an intermediary between a workstation user and the Internet so that security, administrative control, and caching service can be ensured. A proxy server receives a request for an Internet service (such as a Web page request) from a user. If it passes filtering requirements, the proxy server, assuming it is also a cache server, looks in its local cache of previously downloaded Web pages. If it finds the page, it returns it to the user without needing to forward the request to the Internet. If the page is not in the cache, the proxy server, acting as a client on behalf of the user, uses one of its own IP addresses to request the page from the server out on the Internet. When the page is returned, the proxy server relates it to the original request and forwards it on to the user. Source: Whatis.com

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Java Applets Java applets are small programs that can be sent along with a Web page to a user. Java applets can perform interactive animations, immediate calculations, or other simple tasks without having to send a user request back to the server. They are written in Java, a platform-independent computer language, which was invented by Sun Microsystems, Inc. Source: Whatis.com

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Barnes and Noble Massive online retail bookstore housing more than a million titles. Includes a book recommendation "personalizer,", a comprehensive list of The New York Times bestsellers, a "live" community events calendar with a daily survey and several forums, "highlighted" books from 19 subject areas, browsable categories such as antiques, ethnic studies, and pop culture, Books in the News, and weekly features such as reviews, excerpts, recommendations, interviews, events, "roundups" of popular titles, and quizzes.

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