The Microsoft Case

Shortly after Microsoft was faced with federal antitrust charges, full-page newspaper ads supporting Microsoft's claim of innocence were run by the Independent Institute. The ads took the form of a letter signed by 240 academic experts and purported to be a scholarly, unbiased view of why the government had gone overboard in its case against the company. According to an article published in the New York Times, Microsoft had not paid for the ads, but was in fact the single largest donor to the Independent Institute, a conservative organization, that has been a leading defender of the company since it first came under fire from federal prosecutors.

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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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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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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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The Institute of Economic Affairs

One of the most impressive examples of the dissemination of ideology through educational activities has been performed by the UK- based Institute of Economic Affairs (IEA), founded in 1955. Dedicated to the idea of free-markets the IEA from the beginning saw the "education" of the public as a key element in the distribution of their ideology. "The philosophy of the market economy must be widely accepted; this requires a large programme of education ..."

Aiming at the wide acceptance of their ideas, the IEA undertook an extensive publishing program with the objective to make the fairly complex concepts of economic liberalism and monetarism available to a student or sixth-form audience. In the 1960s IEA papers normally reached the hands of students through the university Conservative Associations.

The work that the IEA did in this field reaped a rich harvest during the 1970s and 1980s, as many of the younger political activists who staffed the various free-market think-tanks, such as the Center for Policy Studies, the Freedom Association an the Selsdon Group, received their education from the IEA. Especially at St. Andrews university, where Ralph Harris, the first director of the IEA, had been a lecturer, the IEA ideas had a strong impact. St. Andrews over the years did not only produce a generation of free-market Conservative MPs (Member of Parliament), but also influenced former St. Andrews students like Stuart and Eamonn Butler and Madsen Pirie, who went to set up the Adam Smith Institute (ASI) in London in 1976.

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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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Fiber-optic cable networks

Fiber-optic cable networks may become the dominant method for high-speed Internet connections. Since the first fiber-optic cable was laid across the Atlantic in 1988, the demand for faster Internet connections is growing, fuelled by the growing network traffic, partly due to increasing implementation of corporate networks spanning the globe and to the use of graphics-heavy contents on the World Wide Web.

Fiber-optic cables have not much more in common with copper wires than the capacity to transmit information. As copper wires, they can be terrestrial and submarine connections, but they allow much higher transmission rates. Copper wires allow 32 telephone calls at the same time, but fiber-optic cable can carry 40,000 calls at the same time. A capacity, Alexander Graham Bell might have not envisioned when he transmitted the first words - "Mr. Watson, come here. I want you" - over a copper wire.

Copper wires will not come out of use in the foreseeable future because of technologies as DSL that speed up access drastically. But with the technology to transmit signals at more than one wavelength on fiber-optic cables, there bandwidth is increasing, too.

For technical information from the Encyclopaedia Britannica on telecommunication cables, click here. For technical information from the Encyclopaedia Britannica focusing on fiber-optic cables, click here.

An entertaining report of the laying of the FLAG submarine cable, up to now the longest fiber-optic cable on earth, including detailed background information on the cable industry and its history, Neal Stephenson has written for Wired: Mother Earth Mother Board. Click here for reading.

Susan Dumett has written a short history of undersea cables for Pretext magazine, Evolution of a Wired World. Click here for reading.

A timeline history of submarine cables and a detailed list of seemingly all submarine cables of the world, operational, planned and out of service, can be found on the Web site of the International Cable Protection Committee.

For maps of fiber-optic cable networks see the website of Kessler Marketing Intelligence, Inc.

http://www.britannica.com/bcom/eb/article/4/0...
http://www.britannica.com/bcom/eb/article/4/0...
http://www.wired.com/wired/archive/4.12/ffgla...
http://www.pretext.com/mar98/features/story3....
INDEXCARD, 1/22
 
Center for Strategic and International Studies

CSIS is a private, tax-exempt and public policy research institution dedicated to policy analysis. It covers key functional areas such as international finance, emerging markets, U.S. domestic and economic policy and U.S. foreign policy and national security issues. Policy impact is the basic mission of CSIS. Its goal is to shape selected policy decisions in government and the private sector.

INDEXCARD, 2/22
 
World Wide Web (WWW)

Probably the most significant Internet service, the World Wide Web is not the essence of the Internet, but a subset of it. It is constituted by documents that are linked together in a way you can switch from one document to another by simply clicking on the link connecting these documents. This is made possible by the Hypertext Mark-up Language (HTML), the authoring language used in creating World Wide Web-based documents. These so-called hypertexts can combine text documents, graphics, videos, sounds, and Java applets, so making multimedia content possible.

Especially on the World Wide Web, documents are often retrieved by entering keywords into so-called search engines, sets of programs that fetch documents from as many servers as possible and index the stored information. (For regularly updated lists of the 100 most popular words that people are entering into search engines, click here). No search engine can retrieve all information on the whole World Wide Web; every search engine covers just a small part of it.

Among other things that is the reason why the World Wide Web is not simply a very huge database, as is sometimes said, because it lacks consistency. There is virtually almost infinite storage capacity on the Internet, that is true, a capacity, which might become an almost everlasting too, a prospect, which is sometimes consoling, but threatening too.

According to the Internet domain survey of the Internet Software Consortium the number of Internet host computers is growing rapidly. In October 1969 the first two computers were connected; this number grows to 376.000 in January 1991 and 72,398.092 in January 2000.

World Wide Web History Project, http://www.webhistory.org/home.html

http://www.searchwords.com/
http://www.islandnet.com/deathnet/
http://www.salonmagazine.com/21st/feature/199...
INDEXCARD, 3/22
 
Reuters Group plc

Founded in 1851 in London, Reuters is the world's largest news and television agency with 1,946 journalists, photographers and camera operators in 183 bureaus serving newspapers, other news agencies, and radio and television broadcasters in 157 countries.
In addition to its traditional news-agency business, over its network Reuters provides financial information and a wide array of electronic trading and brokering services to banks, brokering houses, companies, governments, and individuals worldwide.

http://www.reuters.com

INDEXCARD, 4/22
 
Alexander Graham Bell

b., March 3, 1847, Edinburgh

d. Aug. 2, 1922, Beinn Bhreagh, Cape Breton Island, Nova Scotia, Canada

American audiologist and inventor wrongly remembered for having invented the telephone in 1876. Although Bell introduced the first commercial application of the telephone, in fact a German teacher called Reiss invented it.

For more detailed information see the Encyclopaedia Britannica: http://www.britannica.com/bcom/eb/article/1/0,5716,15411+1+15220,00.html

INDEXCARD, 5/22
 
Vinton Cerf

Addressed as one of the fathers of the Internet, Vinton Cerf together with Robert Kahn developed the TCP/IP protocol suite, up to now the de facto-communication standard for the Internet, and also contributed to the development of other important communication standards. The early work on the protocols broke new ground with the realization of a multi-network open architecture.

In 1992, he co-founded the Internet Society where he served as its first President and later Chairman.

Today, Vinton Cerf is Senior Vice President for Internet Architecture and Technology at WorldCom, one of the world's most important ICT companies

Vinton Cerf's web site: http://www.wcom.com/about_the_company/cerfs_up/

http://www.isoc.org/
http://www.wcom.com/
INDEXCARD, 6/22
 
Next Generation Internet Program

A research and development program funded by the US government. Goal is the development of advanced networking technologies and applications requiring advanced networking with capabilities that are 100 to 1,000 times faster end-to-end than today's Internet.

http://www.ngi.gov

INDEXCARD, 7/22
 
Core copyright industries

Those encompass the industries that create copyrighted works as their primary product. These industries include the motion picture industry (television, theatrical, and home video), the recording industry (records, tapes and CDs), the music publishing industry, the book, journal and newspaper publishing industry, and the computer software industry (including data processing, business applications and interactive entertainment software on all platforms), legitimate theater, advertising, and the radio, television and cable broadcasting industries.

INDEXCARD, 8/22
 
Royalties

Royalties refer to the payment made to the owners of certain types of rights by those who are permitted by the owners to exercise the rights. The rights concerned are literary, musical, and artistic copyright and patent rights in inventions and designs (as well as rights in mineral deposits, including oil and natural gas). The term originated from the fact that in Great Britain for centuries gold and silver mines were the property of the crown and such "royal" metals could be mined only if a payment ("royalty") were made to the crown.

INDEXCARD, 9/22
 
Technological measures

As laid down in the proposed EU Directive on copyright and related rights in the information society technological measures mean "... any technology, device, or component that, in the normal course of its operations, is designed to prevent or inhibit the infringement of any copyright..." The U.S. DMCA (Digital Millennium Copyright Act) divides technological measures in two categories: 1) measures that prevent unauthorized access to a copyrighted work, and 2) measures that prevent unauthorized copying of a copyrighted work. Also the making or selling of devices or services that can be used to circumvent either category of technological measures is prohibited under certain circumstances in the DMCA. Furthermore the 1996 WIPO Copyright Treaty states that the "... contracting parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors..."

INDEXCARD, 10/22
 
Electronic Data Interchange (EDI)

EDI is an international standard relating to the exchange of trade goods and services. It enables trading partners to conduct routine business transactions, such as purchase orders, invoices and shipping notices independent of the computer platform used by the trading partners. Standardization by EDI translation software assures the correct interpretation of data.

EDI might become increasingly important to electronic commerce.

INDEXCARD, 11/22
 
Multiple User Dungeons

MUDs are virtual spaces, usually a kind of adventurous ones, you can log into, enabling you to chat with others, to explore and sometimes to create rooms. Each user takes on the identity of an avatar, a computerized character.

INDEXCARD, 12/22
 
Center for Policy Studies

The CPS, headquartered in London, is a center-right think tank which develops and publishes public policy proposals and arranges seminars and lectures on topical policy issues. Part of its mission is to influence policy around the world. It also maintains a range of informal contacts with politicians, policymakers, civil servants and the press, in Britain and abroad. The CPS was founded by Mrs. Thatcher and Sir Keith Joseph (as they then were) to build, and to take to the country, policies of conviction based on limited government, the understanding of market forces and sound money.

INDEXCARD, 13/22
 
Citizens for Tax Justice

Citizens for Tax Justice was formed in 1979 to give people a "greater voice" in the development of the tax laws at the national, state and local levels. CTJ efforts are based on the idea that people should pay taxes according to their ability to pay them.

INDEXCARD, 14/22
 
COMECON

The Council for Mutual Economic Aid (COMECON) was set up in 1949 consisting of six East European countries: Bulgaria, Czechoslovakia, Hungary, Poland, Romania, and the USSR, followed later by the German Democratic Republic (1950), Mongolia (1962), Cuba (1972), and Vietnam (1978). Its aim was, to develop the member countries' economies on a complementary basis for the purpose of achieving self-sufficiency. In 1991, Comecon was replaced by the Organization for International Economic Cooperation.

INDEXCARD, 15/22
 
Intellectual property

Intellectual property, very generally, relates to the output that result from intellectual activity in the industrial, scientific, literary and artistic fields. Traditionally intellectual property is divided into two branches: 1) industrial property (inventions, marks, industrial designs, unfair competition and geographical indications), and 2) copyright. The protection of intellectual property is guaranteed through a variety of laws, which grant the creators of intellectual goods, and services certain time-limited rights to control the use made of their products.

INDEXCARD, 16/22
 
Economic Policy Institute

EPI was founded to "widen the debate about policies to achieve healthy economic growth, prosperity, and opportunity in the "new American economy"." Areas of research include political issues, economic issues, industry policy, social issues, education and environmental issues. EPI's current research agenda includes projects on: evaluating state/federal minimum wage policies; welfare reform; social security studies; domestic industrial competitiveness; nonstandard work arrangements; "fast-track" and other globalization policies; and privatization of public services.

INDEXCARD, 17/22
 
Internet Society

Founded in 1992, the Internet Society is an umbrella organization of several mostly self-organized organizations dedicated to address the social, political, and technical issues, which arise as a result of the evolution and the growth of the Net. Its most important subsidiary organizations are the Internet Architecture Board, the Internet Engineering Steering Group, the Internet Engineering Task Force, the Internet Research Task Force, and the Internet Societal Task Force.

Its members comprise companies, government agencies, foundations, corporations and individuals. The Internet Society is governed by elected trustees.

http://www.isoc.org

http://www.isoc.org/
INDEXCARD, 18/22
 
Kessler Marketing Intelligence (KMI)

KMI is the leading source for information on fiber-optics markets. It offers market research, strategic analysis and product planning services to the opto-electronics and communications industries. KMI tracks the worldwide fiber-optic cable system and sells the findings to the industry. KMI says that every fiber-optics corporation with a need for strategic market planning is a subscriber to their services.

http://www.kmicorp.com/

http://www.kmicorp.com/
INDEXCARD, 19/22
 
Fair use

Certain acts normally restricted by copyright may, in circumstances specified in the law, be done without the authorization of the copyright owner. Fair use may therefore be described as the privilege to use copyrighted material in a reasonable manner without the owner's consent and allows the reproduction and use of a work for limited purposes such as criticism, comment, news reporting, teaching, and research. To determine whether a use is fair or not most copyright laws consider: 1) purpose and character of the use, 2) nature of the copyrighted work, 3) amount and substantiality of the portion used, and 4) effect of the use on the potential market. 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.

INDEXCARD, 20/22
 
Roman smoke telegraph network, 150 A.D.

The Roman smoke signals network consisted of towers within visible range of each other and had a total length of about 4500 kilometers. It was used for military signaling.

For a similar telegraph network in ancient Greece see Aeneas Tacitus' optical communication system.

INDEXCARD, 21/22
 
Local Area Network (LAN)

A Local Area Network is an office network, a network restricted to a building area.

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