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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Key Recovery Systems

As stated before the sense of cryptography is a properly designed cryptosystem making it essentially impossible to recover encrypted data without any knowledge of the used key. The issue of lost keys and the being-locked-out from one's own data as a consequence favors key recovery systems. On the other hand the counter argument is confidentiality: as soon as a possibility to recover a key is provided, the chances for abuses grow.
Finally it is the state that does not want to provide too much secrecy. On the contrary. During the last 20 years endless discussions about the state's necessity and right to restrict private cryptography have taken place, as the governments rarely care for the benefit of private users if they believe in catching essential informations about any kind of enemy, hence looking for unrestricted access to all keys.

The list of "key recovery," "key escrow," and "trusted third-party" as encryption requirements, suggested by governmental agencies, covers all the latest developments and inventions in digital technology.
At the same time the NSA, one of the world's most advanced and most secret enterprises for cryptography, worked hard in getting laws through to forbid the private use of strong encryption in one way or the other. Still, it is also organizations like this one that have to admit that key recovery systems are not without any weaknesses, as the U.S. Escrowed Encryption Standard, the basis for the famous and controversially discussed Clipper Chip, showed. The reason for those weaknesses is the high complexity of those systems.

Another aspect is that key recovery systems are more expensive and certainly much less secure than other systems. So, why should anyone use them?

In that context, one has to understand the legal framework for the use of cryptography, a strict framework in fact, being in high contradiction to the globalised flow of communication.

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Examples of Mainly Corporate Funded Think Tanks: Manhattan Institute

The Manhattan Institute, founded by William Casey, who later became President Reagan's CIA director, besides subsidies from a number of large conservative foundations has gained funding from such corporate sources as: The Chase Manhattan Bank, Citicorp, Time Warner, Procter & Gamble and State Farm Insurance, as well as the Lilly Endowment and philantropic arms of American Express, Bristol-Myers Squibb, CIGNA and Merrill Lynch. Boosted by major firms, the Manhattan Institute budget reached US$ 5 million a year by the early 1990s.

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Invention

According to the WIPO an invention is a "... novel idea which permits in practice the solution of a specific problem in the field of technology." Concerning its protection by law the idea "... must be new in the sense that is has not already been published or publicly used; it must be non-obvious in the sense that it would not have occurred to any specialist in the particular industrial field, had such a specialist been asked to find a solution to the particular problem; and it must be capable of industrial application in the sense that it can be industrially manufactured or used." Protection can be obtained through a patent (granted by a government office) and typically is limited to 20 years.

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Mark

A mark (trademark or service mark) is "... a sign, or a combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings. The sign may particularly consist of one or more distinctive words, letters, numbers, drawings or pictures, emblems, colors or combinations of colors, or may be three-dimensional..." (WIPO) To be protected a mark must be registered in a government office whereby generally the duration is limited in time, but can be periodically (usually every 10 years) renewed.

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