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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Highlights on the Way to a Global Commercial Media Oligopoly: 1990s

-1994

Viacom multimedia and industrial corporation takes control of Paramount Communications for US$ 9.6 billion, as well as Blockbuster Entertainment, a huge video store chain, for US$ 8.4. billion.

1995

Entertainment giant Disney buys Capital Cities-ABC for US$ 19 billion.

The industrial and broadcasting company Westinghouse Corp. buys out CBS for US$ 5.4 billion.

In a US$ 7.2 billion deal, Time Warner acquires Turner Communications, owner of prime cable TV channels CNN, TBS and TNT and a major classic American film library.

1996

Westinghouse/CBS buys Infinity Broadcasting's large group of radio stations.

Murdoch and News Corp. acquire ten more TV stations and TV production studios with the US$ 2.5 billion purchase of New World Communications Group.

Viacom buys half of UPN-TV network, adding that to its other holdings, which include eleven TV stations, along with MTV, VH-1, and other cable TV channels and Paramount movie studios.

1997

Radio Groups Chancellor Media and Evergreen merge and are linked by ownership with Capstar Broadcasting; they also buy ten radio stations from Viacom. By mid-1997 Chancellor/Capstar controls no fewer than 325 radio stations around the United States.

Chancellor/Capstar's controlling ownership group, Hicks Muse Tate & Furst, buys the seventh largest radio group, SFX, adding another seventy-two radio stations, making a total of nearly four hundred stations controlled by this one source.

Westinghouse-CBS buys out American Radio Systems, the fourth largest radio chain in total audience, which gives Westinghouse-CBS over 170 radio stations with a total audience nearly equal to that of the Chancellor/Capstar group.

Giant European-based print and electronic publishing and data base corporations Reed Elsevier and Wolters Kluwer merge.

1998

Bertelsmann buys the Random House-Alfred A. Knopf-Crown Publishing group of book publishers from Newhouse/Advance Publications, adding to its Bantam-Doubleday-Dell publishing group and giving Bertelsmann by far the largest English-language publishing operations.

1999

AOL, the worlds leading Internet service provider and Time Warner, the worlds leading classical media company merge in a US$ 243.3 billion deal.

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Advertising and the Content Industry - The Coca-Cola Case

Attempts to dictate their rules to the media has become a common practice among marketers and the advertising industry. Similar as in the Chrysler case, where the company demanded that magazines give advance notice about controversial articles, recent attempts to put pressure on content providers have been pursued by the Coca-Cola Company.

According to a memo published by the New York Post, Coca-Cola demands a free ad from any publication that publishes a Coke ad adjacent to stories on religion, politics, disease, sex, food, drugs, environmental issues, health, or stories that employ vulgar language. "Inappropriate editorial matter" will result in the publisher being liable for a "full make good," said the memo by Coke advertising agency McCann-Erickson. Asked about this practice, a Coke spokes person said the policy has long been in effect.

(Source: Odwyerpr.com: Coke Dictates nearby Editorial. http://www.odwyerpr.com)

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Doubls Bind Messages

Double bind messages are extremely effective.
For example in Nicaragua the Sandinistas were seen as the personification of the evil. Demonization was the tool to make the U.S.-population to believe that. And the propaganda, called "Operation Truth", succeeded - and is successful until today. The Sandinistas are still considered an enemy in the head of the people. The media played the role of spreading propaganda - nearly without any criticism.
By the end of the 1980s the USA even paid Nicaraguans for voting other parties than the Sandinistas.

El Salvador was a similar case. Again the guerrilla got demonized. The difference was the involvement of the Catholic Church, which was highly fought against by the ruling parties of El Salvador - and those again were financially and organizationally supported by the USA. The elections in the 1980s were more or less paid by the USA.
U.S.-politicians were afraid El Salvador could end up being a second Cuba or Nicaragua. Every means was correct to fight this tendency, no matter what it cost.
On the 21st of September 1996, the Washington Post published several documents proofing an old rumor: not only that Central American soldiers had been educated in a U.S.-army school (the SOA), they also were taught to use torture as a method against revolutionaries. Some of the Salvadorian "students" of that school became very famous for being extremely cruel, one of them being General Roberto d'Aubuisson (35), the person who ordered the killing of Archbishop Oscar Romero in 1980.

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Asymmetric or Public-Key-Cryptosystems

Here the keys for encryption and decryption differ. There needs to exist a private key, which is only known to the individual, and a public key, which is published. Every person has her or his own private key that is never published. It is used for decrypting only. Mathematically the different keys are linked to each other, still it is nearly impossible to derive the private key from the public one.
For sending a message to someone, one has to look up the other's public key and encrypt the message with it. The keyholder will use his/her private key to decrypt it. While everybody can send a message with the public key, the private key absolutely has to stay secret - and probably will.

"The best system is to use a simple, well understood algorithm which relies on the security of a key rather than the algorithm itself. This means if anybody steals a key, you could just roll another and they have to start all over." (Andrew Carol)

very famous examples for public-key systems are:

· RSA:
The RSA is probably one of the most popular public-key cryptosystems. With the help of RSA, messages can be encrypted, but also digital signatures are provided.
The mathematics behind are supposedly quite easy to understand (see: http://world.std.com/~franl/crypto/rsa-guts.html.

· PGP:
PGP is a public key encryption program. Most of all it is used for e-mail encryption.
It is supposed to be quite safe - until now.

· PGPi is simply the international variation of PGP.

for further information about the RSA and other key-systems visit the RSA homepage:
http://www.rsa.com/rsalabs/faq/
http://www.rsa.com/rsalabs/faq/questions.html
or:
http://www.pgpi.org

All of those tools, like hash functions, too, can help to enhance security and prevent crime.
They can theoretically, but sometimes they do not, as the example of the published credit card key of France in March 2000 showed.
For more information see:
http://news.voila.fr/news/fr.misc.cryptologie

Still, cryptography can help privacy.
On the other hand cryptography is only one element to assure safe transport of data. It is especially the persons using it who have to pay attention. A key that is told to others or a lost cryptographic key are the end of secrecy.

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Digital Commercial Content

Starting in the mid 1990s today most traditional media can also be found online. The overwhelming majority of bigger newspapers and periodicals, but also radio and TV stations now complement their classic media formats with digital programming. For the most part they transform existing analogue information in digital form, with some additional features.

Especially the big media conglomerates, having realized the economic potential of the Internet, have started to get into the business of digital content. Not surprisingly their engagement in the virtual sphere has not brought much new concerning their programming. They offer entertainment, music, sports and some news channels. One of the reasons for this development might be, that the big commercial media companies are able to re-use already existing programming from their other ventures. Examples are Viacom's MTV Network, which now has a twin online or Time Warner's CNN, which on the Web is called CNN Interactive. Considering business economic factors this move suggests itself as hardly any further resources are needed and the already existing programming can be put in the Internet at little extra cost. Also, regarding the undeniable success of their traditional content in terms of revenue generation the digital reproduction of their classic programming concept seems to be an obvious step.

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The 19th Century: Machine-Assisted Manufacturing

Eli Whitney's proposal for a simplification and standardization of component parts marked a further milestone in the advance of the automation of work processes. In 1797 he suggested the manufacture of muskets with completely interchangeable parts. As opposed to the older method under which each gun was the individual product of a highly skilled gunsmith and each part hand-fitted, his method permitted large production runs of parts that were readily fitted to other parts without adjustment and could relatively easy be performed by machines.

By the middle of the 19th century the general concepts of division of labor, assembly of standardized parts and machine-assisted manufacture were well established. On both sides of the Atlantic large factories were in operation, which used specialized machines to improve costs, quality and quantity of their products.

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Sandinistas

The Sandinistas overthrew the right wing Somoza regime of corruption that had support from the U.S.-government, in 1979. The followers of Somoza, who was killed in 1980, formed the Contras and began a guerrilla warfare against the government. Many of them were trained in the School of the Americas (= SOA). The Sandinist government realized social reforms, but these did not convince the USA - and so the war went on for many years, costing between 30,000 and 50,000 lives. When the war finally ended the Sandinistas were beaten in (partly incorrect) elections.

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SOA

The U.S.-Army School of Americas (= SOA) is based in Fort Benning (Georgia); it trains Latin American and U.S. soldiers in the working-field of counter-insurgency. Some of the nearly 60.000 SOA-Graduates have been responsible for many of the worst human rights abuses and crimes in Latin America. The list of famous dictators and murderers who went through the education of that institution is tremendous. In 1996 the U.S.-Government that always tried to deny the tasks of SOA, had to admit its work - but never closed it.

For more information see the website of SOA-Watch: http://www.soaw.org

http://www.soaw.org/
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Clipper Chip

The Clipper Chip is a cryptographic device proposed by the U.S. government that purportedly intended to protect private communications while at the same time permitting government agents to obtain the "keys" upon presentation of what has been vaguely characterized as "legal authorization." The "keys" are held by two government "escrow agents" and would enable the government to access the encrypted private communication. While Clipper would be used to encrypt voice transmissions, a similar chip known as Capstone
would be used to encrypt data. The underlying cryptographic algorithm, known as Skipjack, was developed by the National Security Agency (NSA).

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PGP

A cryptographic software application that was developed by Phil Zimmerman at the Massachusetts Institute of Technology. Pretty Good Privacy (PGP) is a cryptographic product family that enables people to securely exchange messages, and to secure files, disk volumes and network connections with both privacy and strong authentication.

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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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Telnet

Telnet allows you to login remotely on a computer connected to the Internet.

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America Online

Founded in 1985, America Online is the world's biggest Internet service provider serving almost every second user. Additionally, America Online operates CompuServe, the Netscape Netcenter and several AOL.com portals. As the owner of Netscape, Inc. America Online plays also an important role in the Web browser market. In January 2000 America Online merged with Time Warner, the worlds leading media conglomerate, in a US$ 243,3 billion deal, making America Online the senior partner with 55 percent in the new company.

http://www.aol.com

http://www.aol.com/
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Ron Rivest

Ronald L. Rivest is Webster Professor of Electrical Engineering and Computer Science in MIT's EECS Department. He was one of three persons in a team to invent the RSA public-key cryptosystem. The co-authors were Adi Shamir and Leonard M. Adleman.

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Roberto d'Aubuisson

Roberto D'Aubuisson is another Salvadorian graduate of the SOA. In 1980 he organized the assassination of Archbishop Oscar Romero, voice of the poor and marginalized. In 1981 he founded the extreme right wing party ARENA as a weapon against the guerrilla. Between 1978 and 1992 he was the (not so) secret head of the Salvadorian Death Squads. He died of cancer in 1992, but his ideas are still followed by a new group of death squads, which was founded in 1996 (Fuerza Nacionalista Mayor Roberto D'Aubuisson = FURODA).

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CIM

To perform manufacturing firm's functions related to design and production the CAD/CAM technology, for computer-aided design and computer-aided manufacturing, was developed. Today it is widely recognized that the scope of computer applications must extend beyond design and production to include the business functions of the firm. The name given to this more comprehensive use of computers is computer-integrated manufacturing (CIM).

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Defense Advanced Research Project Agency (DARPA)

DARPA (Defense Advanced Research Projects Agency) is the independent research branch of the U.S. Department of Defense that, among its other accomplishments, funded a project that in time was to lead to the creation of the Internet. Originally called ARPA (the "D" was added to its name later), DARPA came into being in 1958 as a reaction to the success of Sputnik, Russia's first manned satellite. DARPA's explicit mission was (and still is) to think independently of the rest of the military and to respond quickly and innovatively to national defense challenges.

In the late 1960s, DARPA provided funds and oversight for a project aimed at interconnecting computers at four university research sites. By 1972, this initial network, now called the ARPAnet, had grown to 37 computers. ARPANet and the technologies that went into it, including the evolving Internet Protocol (IP) and the Transmission Control Protocol (TCP), led to the Internet that we know today.

http://www.darpa.mil

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