Challenges for Copyright by ICT: Digital Content Providers

Providers of digital information might be confronted with copyright related problems when using some of the special features of hypertext media like frames and hyperlinks (which both use third party content available on the Internet to enhance a webpage or CD ROM), or operate a search engine or online directory on their website.

Framing

Frames are often used to help define, and navigate within, a content provider's website. Still, when they are used to present (copyrighted) third party material from other sites issues of passing off and misleading or deceptive conduct, as well as copyright infringement, immediately arise.

Hyperlinking

It is generally held that the mere creation of a hyperlink does not, of itself, infringe copyright as usually the words indicating a link or the displayed URL are unlikely to be considered a "work". Nevertheless if a link is clicked on the users browser will download a full copy of the material at the linked address creating a copy in the RAM of his computer courtesy of the address supplied by the party that published the link. Although it is widely agreed that the permission to download material over the link must be part of an implied license granted by the person who has made the material available on the web in the first place, the scope of this implied license is still the subject of debate. Another option that has been discussed is to consider linking fair use.

Furthermore hyperlinks, and other "information location tools", like online directories or search engines could cause their operators trouble if they refer or link users to a site that contains infringing material. In this case it is yet unclear whether providers can be held liable for infringement.

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Educational Programs

As the dissemination of ideologies and ideas is crucial to think tanks they apply different strategies to reach as many audiences as possible. Therefore also the concept of education plays an important role. Educational and training programs are aimed at the influencers and future influencers of public opinion and shall lead to the acceptance of think tanks respective social, economical and political ideas. The label "educational activities" thus very often stands for nothing less than the dissemination of ideology.

Most think tanks regularly organize conferences, symposia and seminars to deliver their findings and ideas to a broader audience. RAND for example also runs a Ph.D. program at its Graduate School.

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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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Major U.S. Think Tanks: RAND Corporation

In 1948 RAND was created at the urging of its original sponsor, the Air Force. After World War II, RAND focused especially on research in national security. Today RAND operates on a broad front, making its research available to public policy makers at all levels, private sector leaders in many industries, and the public at large. RANDs research and analysis aims to: provide practical guidance by making policy choices clear and by addressing barriers to policy implementation; develop solutions to complex problems by bringing researchers in all relevant academic specialities; dissemination of research findings. RAND has more than 500 employees.

Official Organizational Status: Independent Institute

Political Orientation: U.S. Center-right

Scope/Research Areas: RAND specializes in: Foreign relations and diplomacy, security and defense, economic issues, regional studies, science sand technology, labor and human resource development, social issues, education and health and welfare.

Funding Sources: 1998 Budget: US$ 113.5 million. National, local and state government (83 %) and private donations (17 %).

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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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Examples of Mainly Corporate Funded Think Tanks: Brookings Institution

With a budget of US$ 23 million and assets worth US$ 192 million the Brookings Institution, based in Washington D.C., in 1998 was funded by: Corporate and private donations (38 %), endowment (30 %), revenue from conferences and seminars (18 %), sales of publications (9 %), government support (2 %).

Among the 138 corporate donors are: Bell Atlantic, Citibank, J.P. Morgan, Goldman Sachs, NationsBank, Exxon, Chevron, Microsoft, Hewlett Packard, Toyota, Pfizer, Johnson & Johnson, Dupont, Mobil and Lockheed Martin, and the foundations of companies like American Express, Travelers, AT&T and McDonnell Douglas. A few media conglomerates, like Time Warner and the Washington Post Co.. Contributions of individual donors include executives from Visa, Procter and Gamble, BankAmerica and U.S. Airways.

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Automation

Automation is concerned with the application of machines to tasks once performed by humans or, increasingly, to tasks that would otherwise be impossible. Although the term mechanization is often used to refer to the simple replacement of human labor by machines, automation generally implies the integration of machines into a self-governing system. Automation has revolutionized those areas in which it has been introduced, and there is scarcely an aspect of modern life that has been unaffected by it. Nearly all industrial installations of automation, and in particular robotics, involve a replacement of human labor by an automated system. Therefore, one of the direct effects of automation in factory operations is the dislocation of human labor from the workplace. The long-term effects of automation on employment and unemployment rates are debatable. Most studies in this area have been controversial and inconclusive. As of the early 1990s, there were fewer than 100,000 robots installed in American factories, compared with a total work force of more than 100 million persons, about 20 million of whom work in factories.

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Expert system

Expert systems are advanced computer programs that mimic the knowledge and reasoning capabilities of an expert in a particular discipline. Their creators strive to clone the expertise of one or several human specialists to develop a tool that can be used by the layman to solve difficult or ambiguous problems. Expert systems differ from conventional computer programs as they combine facts with rules that state relations between the facts to achieve a crude form of reasoning analogous to artificial intelligence. The three main elements of expert systems are: (1) an interface which allows interaction between the system and the user, (2) a database (also called the knowledge base) which consists of axioms and rules, and (3) the inference engine, a computer program that executes the inference-making process. The disadvantage of rule-based expert systems is that they cannot handle unanticipated events, as every condition that may be encountered must be described by a rule. They also remain limited to narrow problem domains such as troubleshooting malfunctioning equipment or medical image interpretation, but still have the advantage of being much lower in costs compared with paying an expert or a team of specialists.

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Artificial Intelligence

Artificial Intelligence is concerned with the simulation of human thinking and emotions in information technology. AI develops "intelligent systems" capable, for example, of learning and logical deduction. AI systems are used for creatively handling large amounts of data (as in data mining), as well as in natural speech processing and image recognition. AI is also used as to support decision taking in highly complex environments.
Yahoo AI sites: http://dir.yahoo.com/Science/Computer_Science/Artificial_Intelligence/
MIT AI lab: http://www.ai.mit.edu/


http://dir.yahoo.com/Science/Computer_Science...
http://www.ai.mit.edu/
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Immanuel Wallerstein

Immanuel Wallerstein (* 1930) is director of the Fernand Braudel Center for the Study of Economies, Historical Systems, and Civilizations. He is one of the most famous sociologists in the Western World. With his book The Modern World-System: Capitalist Agriculture and the Origins of the European World-Economy in the Sixteenth Century (1976), which led to the expression World-System Theory about centers, peripheries and semi-peripheries in the capitalist world system, he did not only influence a whole generation of scientists, but this theory seems to get popular again, due to globalization.

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Division of labor

The term refers to the separation of a work process into a number of tasks, with each task performed by a separate person or group of persons. It is most often applied to mass production systems, where it is one of the basic organizing principles of the assembly line. Breaking down work into simple, repetitive tasks eliminates unnecessary motion and limits the handling of tools and parts. The consequent reduction in production time and the ability to replace craftsmen with lower-paid, unskilled workers result in lower production costs and a less expensive final product. The Scottish economist Adam Smith saw in this splitting of tasks a key to economic progress by providing a cheaper and more efficient means of producing economic goods.

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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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