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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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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Examples of Mainly Corporate Funded Think Tanks: Cato Institute

Founded in 1977 the Cato Institutes 1998 budget made up US$ 11 million. Its funding consists of corporate and private donations (especially from corporations and executives in the highly regulated industries of financial services, telecommunications and pharmaceuticals industries) and sales of publications.

Catos corporate donors include tobacco firms: Philip Morris (Rupert Murdoch sits on Philip Morris board of directors) and R.J. Reynolds. Financial firms: American Express, Chase Manhattan Bank, Chemical Bank, Citicorp/Citibank, Commonwealth Fund, Prudential Securities and Salomon Brothers. Energy conglomerates: Chevron Companies, Exxon Company, Shell Oil Company and Tenneco Gas, as well as the American Petroleum Institute, Amoco Foundation and Atlantic Richfield Foundation. Furthermore the Cato Institute is funded by pharmaceutical firms: Eli Lilly & Company, Merck & Company and Pfizer, Inc., foundations, like Koch, Lambe and Sarah Scaife and companies from the telecommunications sector: Bell Atlantic Network Services, BellSouth Corporation, Microsoft, NYNEX Corporation, Sun Microsystems and Viacom.

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Corporate Money and Politics

The fact that corporate money is seeking to influence public policy is nothing unusual. From the different ways of how private money helps to shape politics the first, and most familiar is direct campaign contributions to political candidates and parties, which is especially widespread in the United States. While the second great river of money goes to underwrite lobbying apparatus in diverse state capitals, the third form of attempts to influence public policy making is less well-known, but nearly as wide and deep as the two others - it is money which underwrites a vast network of public policy think tanks and advocacy groups. Although tried to be labeled in another way, unmistakably, these donations are naked attempts by corporations and other donors, to influence the political process.

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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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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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Major U.S. Think Tanks: Cato Institute

Founded in 1977, the institute is named for Cato's Letters, libertarian pamphlets that were widely read in the American Colonies since the early 18th century and played a major role in laying the philosophical foundation for the American Revolution. Cato is a public policy research foundation seeking to "broaden the parameters of public policy debate" to allow consideration of more options that are consistent with the traditional American principles of limited government, individual liberty, free markets and a special focus on deregulation issues.

In recent years, the Cato Institute has become one of the most cited and quoted think tanks in the U.S. news media, while also becoming a key resource for Republican leaders. Catos board of directors not only includes John C. Malone - president and CEO of Tele-Communicaitons Inc. (TCI), the largest cable operator in the United States - but, since autumn 1997, also media titan Rupert Murdoch.

Official Organizational Status: Independent Institute

Political Orientation: U.S. Conservative/Libertarian

Scope/Research Areas: Catos research areas include development studies, science and technology, economic issues, health and welfare, foreign relations and diplomacy. Priority issues are Social Security privatization, fundamental tax reform, limited constitutional government, free trade and term limits. Recent publications include: Kelley, David A.: Life of One's Own. Individual Rights and the Welfare State. (1998). Ferrara, P.J. and M. D. Tanner: A New Deal for Social Security. (1998).

Funding Sources: 1998 Budget US$ 11 million. Corporate and private donations (especially from corporations and executives in the highly regulated industries of financial services, telecommunications and pharmaceuticals industries) and sales of publications.

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Procter and Gamble

Major American manufacturer with headquarters in Cincinnati, Ohio. The modern Procter & Gamble markets products in several major areas: Laundry and cleaning products; personal-care products; food products; and such miscellaneous products as cellulose pulp, chemicals, and animal feed ingredients. The company has long been one of the leading American national advertisers.

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Saddam Hussein

Saddam Hussein joined the revolutionary Baath party when he was a university student. In 1958 he had the head of Iraq, Abdul-Karim Qassim, killed. Since 1979 he has been President of Iraq. Under his reign Iraq fought a decade-long war with Iran. Because of his steady enmity with extreme Islamic leaders the West supported him first of all, until his army invaded Kuwait in August 1990, an incident that the USA led to the Gulf War. Since then many rumors about a coup d'état have been launched, but Saddam Hussein is still in unrestricted power.

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Casey, William J.

b. March 13, 1913, Elmhurst, Queens, N.Y., U.S.
d. May 6, 1987, Glen Cove, N.Y.

Powerful and controversial director of the U.S. Central Intelligence Agency (CIA) from 1981 to 1987 during the Ronald Reagan administration. While affiliated with the law firm Rogers & Wells (1976-81), Casey became Reagan's presidential campaign manager and was subsequently awarded the directorship of the CIA in 1981. Under his leadership, covert action increased in such places as Afghanistan, Central America, and Angola, and the agency stepped up its support for various anticommunist insurgent organizations. He was viewed as a pivotal figure in the CIA's secret involvement in the Iran-Contra Affair, in which U.S. weapons were sold to Iran and in which money from the sale was funneled to Nicaraguan rebels, in possible violation of U.S. law. Just before he was to testify in Congress on the matter in December 1986, he suffered seizures and then underwent brain surgery; he died from nervous-system lymphoma without ever testifying.

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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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Citizens for a Sound Economy

Since 1984, Citizens for a Sound Economy has advocated market-based solutions to public policy problems. Uniting its 250,000 members is the fundamental belief that a strong and vibrant free-market economic system offers the best hope for creating opportunity and improving the quality of life for every American.

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Citicorp/Citibank

American holding company (formerly (1967-74) First National City Corporation),
incorporated in 1967, with the City Bank of New York, National Association (a bank tracing to 1812), as its principal subsidiary. The latter's name changed successively to First National City Bank in 1968 and to Citibank, N.A. (i.e., National Association), in 1976. Citicorp was the holding company's popular and trade name from its inception but became the legal name only in 1974. Headquarters are in New York City.

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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.

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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.

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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.

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Competitive Enterprise Institute

The Competitive Enterprise Institute is a pro-market, public policy group committed to advancing the principles of free enterprise and limited government.

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MIT

The MIT (Massachusetts Institute of Technology) is a privately controlled coeducational institution of higher learning famous for its scientific and technological training and research. It was chartered by the state of Massachusetts in 1861 and became a land-grant college in 1863. During the 1930s and 1940s the institute evolved from a well-regarded technical school into an internationally known center for scientific and technical research. In the days of the Great Depression, its faculty established prominent research centers in a number of fields, most notably analog computing (led by Vannevar Bush) and aeronautics (led by Charles Stark Draper). During World War II, MIT administered the Radiation Laboratory, which became the nation's leading center for radar research and development, as well as other military laboratories. After the war, MIT continued to maintain strong ties with military and corporate patrons, who supported basic and applied research in the physical sciences, computing, aerospace, and engineering. MIT has numerous research centers and laboratories. Among its facilities are a nuclear reactor, a computation center, geophysical and astrophysical observatories, a linear accelerator, a space research center, supersonic wind tunnels, an artificial intelligence laboratory, a center for cognitive science, and an international studies center. MIT's library system is extensive and includes a number of specialized libraries; there are also several museums.

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Amoco Corporation

American petroleum corporation that was founded in 1889 by the Standard Oil trust to direct the refining and marketing of oil in the Midwestern states. By the late 20th century, American operations still accounted for more than half of Amoco's total assets, though the company has been active in some 40 other countries in the areas of production, refining, and marketing. In addition to refining crude oil, Amoco is one of the largest producers of natural gas in the North American continent.

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Terrestrial antennas

Microwave transmission systems based on terrestrial antennas are similar to satellite transmission system. Providing reliable high-speed access, they are used for cellular phone networks.

The implementation of the Wide Application Protocol (WAP) makes the wireless access to Internet services as E-Mail and even the World Wide Web via cellular phones convenient. Therefore microwave transmission systems become increasingly important.

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Leonard M. Adleman

Leonard M. Adleman was one of three persons in a team to invent the RSA public-key cryptosystem. The co-authors were Adi Shamir and Ron Rivest.

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Institute for Policy Studies

IPS, based in Washington D.C. is a multi-issue, nationally focused think tank aiming at the promotion of economic redistribution, full employment, ecological restoration, democratic participation, community empowerment, and global nonviolence. IPS pursues its mission through the following eight strategies: activism; scholarship; public debate; political advocacy; model building; memory; training; and global alliances.

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Eli Lilly & Company

Eli Lilly & Company discovers, develops, manufactures, and sells pharmaceutical and animal health care products. Research efforts are directed primarily towards discovering and developing products to diagnose and treat diseases in human beings and animals and to increase the efficiency of animal food production. Pharmaceutical products comprise neuroscience products, endocrine products and anti-invectives. Products are manufactured and distributed through owned or leased facilities in the United States, Puerto Rico, and 27 other countries and sold in approximately 160 countries.

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VISA

Visa International's over 21,000 member financial institutions have made VISA one of the world's leading full-service payment network. Visa's products and services include Visa Classic card, Visa Gold card, Visa debit cards, Visa commercial cards and the Visa Global ATM Network. VISA operates in 300 countries and territories and also provides a large consumer payments processing system.

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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.

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Chevron

Chevron is a U.S. petroleum corporation formed in 1926 with the merger of Standard Oil Company of California and Pacific Oil Company. Headquartered in San Francisco, it operates today in more than 90 countries, either directly or through affiliates.

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R.J. Reynolds

American manufacturer of tobacco products. The origins of the R.J. Reynolds Tobacco Company date to the post-Civil War era, when Richard Joshua Reynolds (1850-1918) began trading in tobacco, first in his native Virginia and then in Winston, N.C., where in 1875 he established his first plug factory. The company began to diversify in the 1960s, acquiring chiefly food and oil concerns, and the tobacco concern became a subsidiary of R.J. Reynolds Industries, Inc., in 1970.

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American Express

U.S. company founded on March 18, 1850, as an express-transportation company, but today operating as a worldwide organization providing primarily travel-related and insurance services and international finance operations and banking. Headquarters are in New York City.

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Adam Smith Institute

The ASI, based in London, is a private economic policy institution promoting corporate privatization, regulatory reform, and government restructuring worldwide. The Institute's objective is to promote research into market economics and to develop market-based policies for governments. The ASI has three divisions: Policy Division, International Division and Conference Division.

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IIPA

The International Intellectual Property Alliance formed in 1984 is a private sector coalition and represents the U.S. copyright-based industries. It is comprised of seven trade associations: Association of American Publishers, AFMA, Business Software Alliance, Interactive Digital Software Association, Motion Picture Association of America, National Music Publishers' Association and Recording Industry Association of America. IIPA and its member's track copyright legislative and enforcement developments in over 80 countries and aim at a legal and enforcement regime for copyright that deters piracy. On a national level IIPA cooperates with the U.S. Trade Representative and on the multilateral level has been involved in the development of the TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement of the WTO (World Trade Organization) and also participates in the copyright discussion of the WIPO (World Intellectual Property Organization).

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Merck & Co., Inc.

Merck & Co. is a research-driven pharmaceutical company that discovers, develops, manufactures and markets a broad range of human and animal health products, and provides pharmaceutical benefit services through Merck-Medco Managed Care LLC. The Company is comprised of two operating segments. Merck-Medco primarily includes sale of non-Merck products and Merck-Medco pharmaceutical benefit services, principally manages prescription drug programs and programs to help manage patient health. Merck-Medco sells its services to corporations, labor unions and insurance companies. Merck Pharmaceuticals consists of therapeutic and preventive agents, generally sold by prescription, for the treatment of human disorders. The Company's human health products are sold to drug wholesalers and retailers, hospitals, clinics, government agencies, and managed care providers.

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