Legal Protection: National Legislation

Intellectual property - comprising industrial property and copyright - in general is protected by national legislation. Therefore those rights are limited territorially and can be exercised only within the jurisdiction of the country or countries under whose laws they are granted.

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Data bunkers

Personal data are collected, appropriated, processed and used for commercial purposes on a global scale. In order for such a global system to operate smoothly, there a server nodes at which the data streams converge. Among the foremost of these are the data bases of credit card companies, whose operation has long depended on global networking.

On top of credit card companies such as Visa, American Express, Master Card, and others. It would be erroneous to believe that the primary purpose of business of these companies is the provision of credit, and the facilitation of credit information for sale transactions. In fact, Information means much more than just credit information. In an advertisement of 1982, American Express described itself in these terms: ""Our product is information ...Information that charges airline tickets, hotel rooms, dining out, the newest fashions ...information that grows money funds buys and sells equities ...information that pays life insurance annuities ...information that schedules entertainment on cable television and electronically guards houses ...information that changes kroners into guilders and figures tax rates in Bermuda ..."

Information has become something like the gospel of the New Economy, a doctrine of salvation - the life blood of society, as Bill Gates expresses it. But behind information there are always data that need to be generated and collected. Because of the critical importance of data to the economy, their possession amounts to power and their loss can cause tremendous damage. The data industry therefore locates its data warehouses behind fortifications that bar physical or electronic access. Such structures are somewhat like a digital reconstruction of the medieval fortress

Large amounts of data are concentrated in fortress-like structures, in data bunkers. As the Critical Art Ensemble argue in Electronic Civil Disobedience: "The bunker is the foundation of homogeneity, and allows only a singular action within a given situation." All activities within data bunker revolve around the same principle of calculation. Calculation is the predominant mode of thinking in data-driven societies, and it reaches its greatest density inside data bunkers. However, calculation is not a politically neutral activity, as it provides the rational basis - and therefore the formal legitimisation most every decision taken. Data bunkers therefore have an essentially conservative political function, and function to maintain and strengthen the given social structures.

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Basics: Infringement and Fair Use

The rights of a copyright holder are infringed when one of the acts requiring the authorization of the owner is done by someone else without his consent. In the case of copyright infringement or the violation of neighboring rights the remedies for the copyright owner consist of civil redress. The unauthorized copying of protected works for commercial purposes and the unauthorized commercial dealing in copied material is usually referred to as "piracy".

Yet copyright laws also provide that the rights of copyright owners are subject to the doctrine of "fair use". That allows the reproduction and use of a work, notwithstanding the rights of the author, for limited purposes such as criticism, comment, news reporting, teaching, and research. Fair use may be described as the privilege to use the copyrighted material in a reasonable manner without the owner's consent. To determine whether a use is fair or not most copyright laws consider:

- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes (usually certain types of educational copying are allowed)

- the nature of the copyrighted work (mostly originals made for commercial reasons are less protected than their purely artistic counterparts)

- the amount and substantiality of the portion used in relation to the copyrighted work as a whole

- the effect of the use upon the potential market for or value of the copyrighted work (as a general rule copying may be permitted if it is unlikely to cause economic harm to the original author)

Examples of activities that may be excused as fair use include: providing a quotation in a book review; distributing copies of a section of an article in class for educational purposes; and imitating a work for the purpose of parody or social commentary.

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Enforcement: Copyright Management and Control Technologies

With the increased ease of the reproduction and transmission of unauthorized copies of digital works over electronic networks concerns among the copyright holder community have arisen. They fear a further growth of copyright piracy and demand adequate protection of their works. A development, which started in the mid 1990s and considers the copyright owner's apprehensions, is the creation of copyright management systems. Technological protection for their works, the copyright industry argues, is necessary to prevent widespread infringement, thus giving them the incentive to make their works available online. In their view the ideal technology should be "capable of detecting, preventing, and counting a wide range of operations, including open, print, export, copying, modifying, excerpting, and so on." Additionally such systems could be used to maintain "records indicating which permissions have actually been granted and to whom".

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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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Late 1950s - Early 1960s: Second Generation Computers

An important change in the development of computers occurred in 1948 with the invention of the transistor. It replaced the large, unwieldy vacuum tube and as a result led to a shrinking in size of electronic machinery. The transistor was first applied to a computer in 1956. Combined with the advances in magnetic-core memory, the use of transistors resulted in computers that were smaller, faster, more reliable and more energy-efficient than their predecessors.

Stretch by IBM and LARC by Sperry-Rand (1959) were the first large-scale machines to take advantage of the transistor technology (and also used assembly language instead of the difficult machine language). Both developed for atomic energy laboratories could handle enormous amounts of data, but still were costly and too powerful for the business sector's needs. Therefore only two LARC's were ever installed.

Throughout the early 1960s there were a number of commercially successful computers (for example the IBM 1401) used in business, universities, and government and by 1965 most large firms routinely processed financial information by using computers. Decisive for the success of computers in business was the stored program concept and the development of sophisticated high-level programming languages like FORTRAN (Formular Translator), 1956, and COBOL (Common Business-Oriented Language), 1960, that gave them the flexibility to be cost effective and productive. The invention of second generation computers also marked the beginning of an entire branch, the software industry, and the birth of a wide range of new types of careers.

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Alan Turing

b. June 23, 1912, London, England
d. June 7, 1954, Wilmslow, Cheshire

English mathematician and logician who pioneered in the field of computer theory and who contributed important logical analyses of computer processes. Many mathematicians in the first decades of the 20th century had attempted to eliminate all possible error from mathematics by establishing a formal, or purely algorithmic, procedure for establishing truth. The mathematician Kurt Gödel threw up an obstacle to this effort with his incompleteness theorem. Turing was motivated by Gödel's work to seek an algorithmic method of determining whether any given propositions were undecidable, with the ultimate goal of eliminating them from mathematics. Instead, he proved in his seminal paper "On Computable Numbers, with an Application to the Entscheidungsproblem [Decision Problem]" (1936) that there cannot exist any such universal method of determination and, hence, that mathematics will always contain undecidable propositions. During World War II he served with the Government Code and Cypher School, at Bletchley, Buckinghamshire, where he played a significant role in breaking the codes of the German "Enigma Machine". He also championed the theory that computers eventually could be constructed that would be capable of human thought, and he proposed the Turing test, to assess this capability. Turing's papers on the subject are widely acknowledged as the foundation of research in artificial intelligence. In 1952 Alan M. Turing committed suicide, probably because of the depressing medical treatment that he had been forced to undergo (in lieu of prison) to "cure" him of homosexuality.

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Martin Hellman

Martin Hellman was Whitfield Diffie's collegue in creating pubylic key cryptography in the 1970s.

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Machine vision

A branch of artificial intelligence and image processing concerned with the identification of graphic patterns or images that involves both cognition and abstraction. In such a system, a device linked to a computer scans, senses, and transforms images into digital patterns, which in turn are compared with patterns stored in the computer's memory. The computer processes the incoming patterns in rapid succession, isolating relevant features, filtering out unwanted signals, and adding to its memory new patterns that deviate beyond a specified threshold from the old and are thus perceived as new entities.

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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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Nero

Nero's full name was Nero Claudius Caesar Augustus Germanicus (37-68 AD). Nero was Roman Emperor from 54-68 AD; during the first years in power he stood under the influence of his teacher Seneca. In this period he was very successful in inner politics and abroad, for example in Britannia. Soon he changed into a selfish dictator, had his brother, mother and wife killed and probably burnt Rome, blaming the Christians for it. More than in political affairs he was interested in arts. when he was dismissed in 68, he committed suicide.

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Enochian alphabet

Also "Angelic" language. Archaic language alphabet composed of 21 letters, discovered by John Dee and his partner Edward Kelley. It has its own grammar and syntax, but only a small sample of it has ever been translated to English.

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