Intellectual Property and the "Information Society" Metaphor

Today the talk about the so-called "information society" is ubiquitous. By many it is considered as the successor of the industrial society and said to represent a new form of societal and economical organization. This claim is based on the argument, that the information society uses a new kind of resource, which fundamentally differentiates from that of its industrial counterpart. Whereas industrial societies focus on physical objects, the information society's raw material is said to be knowledge and information. Yet the conception of the capitalist system, which underlies industrial societies, also continues to exist in an information-based environment. Although there have been changes in the forms of manufacture, the relations of production remain organized on the same basis. The principle of property.

In the context of a capitalist system based on industrial production the term property predominantly relates to material goods. Still even as in an information society the raw materials, resources and products change, the concept of property persists. It merely is extended and does no longer solely consider physical objects as property, but also attempts to put information into a set of property relations. This new kind of knowledge-based property is widely referred to as "intellectual property". Although intellectual property in some ways represents a novel form of property, it has quickly been integrated in the traditional property framework. Whether material or immaterial products, within the capitalist system they are both treated the same - as property.

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Copyright Management and Control Systems: Pre-Infringement

Pre-infringement copyright management and control systems that inhibit or control infringement of intellectual property may be put into place by copyright owners before distributing their works. Examples are:

Contracts

Contracts are a pre-infringement control method, which very often is underestimated. Properly formed contracts enable copyright holders to restrict the use of their works in excess of the rights granted under copyright laws.

Copy Protection

This approach was standard in the 1980s, but rejected by consumers and relatively easy to break. Still copy protection, whereby the vendor limits the number of times a file can be copied, is used in certain situations.

Limited Functionality

This method allows copyright owners to provide a copy of the work, which is functionally limited. Software creators, for example, can distribute software that cannot print or save. A fully functional version has to be bought from the vendor.

Date Bombs

Here the intellectual property holder distributes a fully functional copy but locks off access at a pre-specified date or after a certain number of uses.

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Positions Towards the Future of Copyright in the "Digital Age"

With the development of new transmission, distribution and publishing technologies and the increasing digitalization of information copyright has become the subject of vigorous debate. Among the variety of attitudes towards the future of traditional copyright protection two main tendencies can be identified:

Eliminate Copyright

Anti-copyrightists believe that any intellectual property should be in the public domain and available for all to use. "Information wants to be free" and copyright restricts people's possibilities concerning the utilization of digital content. An enforced copyright will lead to a further digital divide as copyright creates unjust monopolies in the basic commodity of the "information age". Also the increased ease of copying effectively obviates copyright, which is a relict of the past and should be expunged.

Enlarge Copyright

Realizing the growing economic importance of intellectual property, especially the holders of copyright (in particular the big publishing, distribution and other core copyright industries) - and therefore recipients of the royalties - adhere to the idea of enlarging copyright. In their view the basic foundation of copyright - the response to the need to provide protection to authors so as to give them an incentive to invest the time and effort required to produce creative works - is also relevant in a digital environment.

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Copyright Management and Control Systems: Metering

Metering systems allow copyright owners to ensure payment to or at the time of a consumer's use of the work. Those technologies include:

Hardware Devices

Those have to be acquired and installed by the user. For example under a debit card approach, the user purchases a debit card that is pre-loaded with a certain amount of value. After installation, the debit card is debited automatically as the user consumes copyrighted works.

Digital Certificates

Hereby a certification authority issues to a user an electronic file that identifies the user as the owner of a public key. Those digital certificates, besides information on the identity of the holder can also include rights associated with a particular person. Vendors can so control access system resources, including copyrighted files, by making them available only to users who can provide a digital certificate with specified rights (e.g. access, use, downloading).

Centralized Computing

Under this approach all of the executables remain at the server. Each time the executable is used, the user's computer must establish contact with the server, allowing the central computer to meter access.

Access Codes

Access code devices permit users to "unlock" protective mechanisms (e.g. date bombs or functional limitations) embedded in copyrighted works. Copyright owners can meter the usage of their works, either by unlocking the intellectual property for a one-time license fee or by requiring periodic procurement of access codes.

Copyright Clearinghouses

Under this approach copyright owners would commission "clearinghouses" with the ability to license the use of their works. A user would pay a license fee to obtain rights concerning the intellectual property.


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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 Corporate Money

Looking at the financial situation of think tanks, different funding patterns can be found. While financial contributions from foundations play an important role especially for conservative think tanks, also contributions from governments are made to certain institutions. Yet one of the most important funding sources are corporate donors and individual contributors. Although the extent to which - in most cases conservative - think tanks rely on corporate funding varies, from the US$ 158 million spent by the top 20 conservative think tanks, more than half of it was contributed by corporations or businessmen.

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Bad Aibling Station

Latitude: 47.86353, Longitude: 12.00983

RSOC - Bad Aibling is a ground station for the interception of civil and military satellite communications traffic operated by the NSA. About 1000 personnel are on the staff at the Bad Aibling Regional SIGINT Operations Center in Germany, which conducts satellite communications interception activities and is also a downlink station for geostationary SIGINT satellites, like the CANYON program or the MAGNUM/ORION system. Operational responsibility of the groundstation was transfered to the ARMY Intelligence and Security Command in 1995, but there is also influence from the Air Force's 402nd Intelligence Squadron. Till the end of the cold war the main target was the Soviet Union.

for more information:

Description by FAS intelligence resource program.

http://www.fas.org/irp/facility/bad_aibling.htm

Description of the tasks of the Signals Intelligence Brigade.

http://www.fas.org/irp/doddir/army/fm34-37_97/6-chap.htm

Look at a detailed guide for military newbies at Bad Aibling.

http://www.dmdc.osd.mil/sites/owa/Installation.prc_Home?p_SID=&p_DB=P

http://www.fas.org/irp/facility/bad_aibling.h...
http://www.fas.org/irp/doddir/army/fm34-37_97...
http://www.dmdc.osd.mil/sites/owa/Installatio...
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DES

The U.S. Data Encryption Standard (= DES) is the most widely used encryption algorithm, especially used for protection of financial transactions. It was developed by IBM in 1971. It is a symmetric-key cryptosystem. The DES algorithm uses a 56-bit encryption key, meaning that there are 72,057,594,037,927,936 possible keys.

for more information see:
http://www.britannica.com/bcom/eb/article/3/0,5716,117763+5,00.html
http://www.cryptography.com/des/

http://www.britannica.com/bcom/eb/article/3/0...
http://www.cryptography.com/des/
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Pine Gap Station



Pine Gap, run by the CIA, is near Alice Springs in central Australia and mostly an underground facility. Pine Gap was mainly established to serve as the groundstation and downlink for reconnaissance satellites like the RHYOLITE and ORION system. The facility consists of more than 7 large antennas in randomes. In Pine Gap's Signals Processing Office transmitted signals are received and transformed for further analysis.There is a no fly zone 4km around PG, and local land holders have agreed not to allow "visitors" access to there properties. It is said that Pine Gap employs nearly 1000 people, mainly from the CIA and the U.S. National Reconnaissance Office (NRO).

Source:

Jeffrey T. Richelson, The U.S. Intelligence Community, (Westview Press, 4th ed., 1999)p190

Nicky Hager, Secret Power, New Zealand's role in the internatinal spy network, (Craig Potton, 1996)p34ff

Pictures of Pine Gap

http://www.networx.com.au/home/slider/Pine-Gap.htm

http://www.networx.com.au/home/slider/Pine-Ga...
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Smart card

A smart card is a credit-card size plastic card equipped with a microchip. this allows it to store a lot more data than a regular magnetic stripe, and to be recharged. Smart cards are most commonly used for electronic payment, phone calls and other day-to-day applications, but their potential lies in their versatility. Different type of data may be stored on the same smart card. The business expectation of the industry are ambitious, with expectations of an annual turnout of 2.7 bn smart cards by the year 2003.

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