Recent "Digital Copyright" Legislation: European Union

Directive on Copyright and Related Rights in the Information Society

In November 1996 the European Commission adopted a communication concerning the follow-up to the Green Paper on copyright and related rights in the information society. The proposed Directive aims at transposing into Community law the main international obligations arising from the two treaties on copyright and related rights adopted within the framework of the WIPO in December 1996 (WIPO Performances and Phonogram Treaty and WIPO Copyright Treaty). It applies to provisions relating to:

- the legal protection of computer programs

- rental right, lending right and certain rights related to copyright in the field of intellectual property

- copyright and related rights applicable to broadcasting of programs by satellite and cable retransmission

- the term of protection of copyright and certain related rights

- the legal protection of databases

The proposal was first presented by the Commission in January 1998, amended in May 1999 and currently is at second reading before the Parliament. Final adoption of the Directive could take place at the end of 2000 or the beginning of 2001 respectively.

A full-text version for download (pdf file) of the amended proposal for a Directive on copyright and related rights in the Information Society is available on the website of the European Commission (DG Internal Market): http://www.europa.eu.int/comm/internal_market/en/intprop/intprop/docs/index.htm

General critique concerning the proposed EU Directive includes:

- Open networks
The new law could require (technological) surveillance of communications to ensure enforcement. Also because Service Providers might be legally liable for transmitting unauthorized copies, the might in turn have to deny access to anybody who could not provide them with financial guaranties or insurance.

- Interoperable systems
The draft could negate the already established right in EU law for software firms to make their systems interoperable with the dominant copyright protected systems. This would be a threat to the democratic and economic rights of users.

- Publicly available information
It is yet unclear whether new legal protections against the bypassing of conditional access technology apply only for content with an exclusive right. If the content is already in the public domain, then there can be no possible violation of copyright law just from gaining access to it.

Comments from the library, archives and documentation community on the amended Directive embrace:

The Library Association
http://www.la-hq.org.uk/directory/prof_issues/dcrris2.html

EBLIDA (European Bureau of Library, Information and Documentation Associations)
http://www.eblida.org/lobby/position/ampos2fi.htm

Society of Archivists (U.K.) and Public Record Office (U.K.)
http://www.pro.gov.uk/about/copyright/copyrightdraft.htm

EFPICC (European Fair Practices In Copyright Campaign) http://www.eblida.org/efpicc/comments.htm

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Think Tanks and the Internet

As think tanks try to push policy making in their desired direction in such diverse fields as health, education, taxation, regulation and national security it is not surprising, that also the Internet has entered their issue list:

RAND, a center-right U.S. think tank not only argues for the usage of certain guidelines concerning the use of e-mail, but has also released a research report - sponsored by the Office of the Secretary of Defense - entitled "Strategic Information Warfare: A New Face of War". In November 1999 RAND has furthermore launched a co-operation with the International Chamber of Commerce (ICC) aimed at combating the threat of cybercrime. ICCs practical expertise and RANDs research and analytical capacities shall aid at finding solutions to fight hackers, industrial spies, and other criminals who may exploit the Internet to attack commercial and public-sector systems.

Another of the big players in the elite of think tanks, the conservative Washington D.C. based Cato Institute quite surprisingly has started to defend human rights in Cyberspace. Jonathan D. Wallace' "Nameless in Cyberspace: Anonymity on the Internet." sees the constitutionally guaranteed right of freedom of speech and expression in the United States under attack by proposals to limit or restrict the use of anonymity on the Internet.

Yet another conservative think tank, the U.S. based Center for Strategic and International Studies in June 1999 has initiated a Conference (Global Information Infrastructure Commission) to accelerate the development of E-Commerce in India. Among the Conferences participants were not only government representatives from India and the United States, but also the CEO of Global TeleSystems Group Inc., the vice chairman of Fujitsu and the executive president of Siemens A.G., as well as the World Bank and the World Intellectual Property Organization.

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Dissemination Strategies

Think tanks undertake research in very specific public policy areas. Which topics they cover mainly depends on their political and ideological orientation. In any case think tanks produce incredible amounts of "research findings". The crucial aspect usually is not their production, but their distribution. Therefore most think tanks have developed sophisticated dissemination strategies, whose main aim is the communication of their ideas to important audiences. These include members of governmental institutions, policymakers in the executive branch, news media, intellectuals, business men as well as academic and policy communities - in short, everybody, who is involved in shaping public opinion.

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CANYON

A US military signals intelligence satellite of the second generation from the 1970s.

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General Electric

GE is a major American corporation and one of the largest and most diversified corporations in the world. Its products include electrical and electronic equipment, plastics, aircraft engines, medical imaging equipment, and financial services. The company was incorporated in 1892, and in 1986 GE purchased the RCA Corporation including the RCA-owned television network, the National Broadcasting Company, Inc. In 1987, however, GE sold RCA's consumer electronics division to Thomson SA, a state-owned French firm, and purchased Thomson's medical technology division. In 1989 GE agreed to combine its European business interests in appliances, medical systems, electrical distribution, and power systems with the unrelated British corporation General Electric Company. Headquarters are in Fairfield, Conn., U.S.

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John von Neumann

b. December 3, 1903, Budapest, Hungary
d. February 8, 1957, Washington, D.C., U.S.

Mathematician who made important contributions in quantum physics, logic, meteorology, and computer science. His theory of games had a significant influence upon economics. In computer theory, von Neumann did much of the pioneering work in logical design, in the problem of obtaining reliable answers from a machine with unreliable components, the function of "memory," machine imitation of "randomness," and the problem of constructing automata that can reproduce their own kind.

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