RTMark and Adbusters at the WTO Conference in Seattle

The 1999 WTO (World Trade Organization) Conference in Seattle not only attracted a multitude of demonstrators, but also artistic and cultural activists like RTMark and Adbusters.

Adbusters, well known as fighters against corporate disinformation, injustices in the global economy and "physical and mental pollution", timely for the WTO Conference purchased three billboards in downtown Seattle. Featuring an image with the text "System Error - Type 2000 (progress)", the billboards were meant to challenge "... the WTO's agenda of global corporate growth and expose what isn't reflected in the United State's GNP - human and environmental capital."

At the same time RTMark went on-line with its spoof WTO website http://gatt.org. Shortly after its release WTO Director-General Mike Moore accused RTMark of attempting to "undermine WTO transparency" by copying the WTO website's design and using "domain names such as `www.gatt.org` and page titles such as 'World Trade Organization / GATT Home Page' which make it difficult for visitors to realize that these are fake pages." http://gatt.org is not the first time that RTMark has used website imitation aiming at rendering an entity more transparent. RTMark has performed the same "service" for George W. Bush, Rudy Giuliani, Shell Oil, and others with the principal purpose of publicizing corporate abuses of democratic processes.

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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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fingerprint identification

Although fingerprinting smacks of police techniques used long before the dawn of the information age, its digital successor finger scanning is the most widely used biometric technology. It relies on the fact that a fingerprint's uniqueness can be defined by analysing the so-called "minutiae" in somebody's fingerprint. Minutae include sweat pores, distance between ridges, bifurcations, etc. It is estimated that the likelihood of two individuals having the same fingerprint is less than one in a billion.

As an access control device, fingerprint scanning is particularly popular with military institutions, including the Pentagon, and military research facilities. Banks are also among the principal users of this technology, and there are efforts of major credit card companies such as Visa and MasterCard to incorporate this finger print recognition into the bank card environment.

Problems of inaccuracy resulting from oily, soiled or cracked skins, a major impediment in fingerprint technology, have recently been tackled by the development a contactless capturing device (http://www.ddsi-cpc.com) which translates the characteristics of a fingerprint into a digitised image.

As in other biometric technologies, fingerprint recognition is an area where the "criminal justice" market meets the "security market", yet another indication of civilian spheres becomes indistinguishable from the military. The utopia of a prisonless society seems to come within the reach of a technology capable of undermining freedom by an upward spiral driven by identification needs and identification technologies.

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Public Relations

Often public relations are described as the effort to influence the public or relevant parts of it by representing self-interests to reach certain goals. This view of PR is most commonly found, when acting within the economic sphere. On the other hand organizations like the PRSA (Public Relations Society of America) as well as several PR theorists and practitioners see themselves as social engineers, responsible for societal harmony. "Public relations help our complex, pluralistic society to reach decisions and function more effectively by contributing to mutual understanding among institutions. It serves to bring public and public policies into harmony...", the PRSA announced in one of their official statements on public relations.

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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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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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Exchange of the Text

One of the easiest tools for disinformation is to exchange the words written below a photograph. The entire meaning of the picture can be varied like this:

- The visit of a school-group at a former international camp can change into a camp, where children are imprisoned (which happened in the Russian city of Petroskoy in 1944).

- Victims of war can change nationality. The picture of the brutal German soldier in World War II that was shown in many newspapers to demonstrate the so-called typical face of a murderer, turned out to be French and a victim in other newspapers.

- In 1976 a picture of children in a day-nursery in the GDR is taken: The children, coming out of the shower, were dressed up in terry cloth suits with stripes. The same year the photograph with the happily laughing boys and girls wins the contest "a beautiful picture". Two years later a small part of the photograph can be seen in a Christian magazine in West-Germany, supposedly showing children from a concentration camp in the USSR. The smiling faces now seem to scream. (source: Stiftung Haus der Geschichte der Bundesrepublik Deutschland (ed.): Bilder, die lügen. Begleitbuch zur Ausstellung im Haus der Geschichte der Bundesrepublik Deutschland. Bonn 1998, p. 79)

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Rudy Giuliani

Born in 1944, Giuliani became famous in the mid Eighties, as a typical Eighties figure: a censor of corruption and greed. In the Seventies he had switched his registration from Democratic to Republican, and served a stint in the Reagan Justice Department. In 1983 he became U.S. Attorney for the southern District of New York, and his career took off. He was aggressive, headline grabbing, none too scrupulous about the finer points of civil liberties, and often effective. He used the RICO Act against organized crime, and pioneered the use of asset forfeiture in prosecuting drug dealers. He also moved against political corruption in New York City, toppling the Democratic leaders of the Bronx and Queens.

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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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Moral rights

Authors of copyrighted works (besides economic rights) enjoy moral rights on the basis of which they have the right to claim their authorship and require that their names be indicated on the copies of the work and in connection with other uses thereof. Moral rights are generally inalienable and remain with the creator even after he has transferred his economic rights, although the author may waive their exercise.

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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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Hieroglyphs

Hieroglyphs are pictures, used for writing in ancient Egypt. First of all those pictures were used for the names of kings, later more and more signs were added, until a number of 750 pictures

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