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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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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