Basics: Infringement and Fair Use

The rights of a copyright holder are infringed when one of the acts requiring the authorization of the owner is done by someone else without his consent. In the case of copyright infringement or the violation of neighboring rights the remedies for the copyright owner consist of civil redress. The unauthorized copying of protected works for commercial purposes and the unauthorized commercial dealing in copied material is usually referred to as "piracy".

Yet copyright laws also provide that the rights of copyright owners are subject to the doctrine of "fair use". That allows the reproduction and use of a work, notwithstanding the rights of the author, for limited purposes such as criticism, comment, news reporting, teaching, and research. Fair use may be described as the privilege to use the copyrighted material in a reasonable manner without the owner's consent. To determine whether a use is fair or not most copyright laws consider:

- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes (usually certain types of educational copying are allowed)

- the nature of the copyrighted work (mostly originals made for commercial reasons are less protected than their purely artistic counterparts)

- the amount and substantiality of the portion used in relation to the copyrighted work as a whole

- the effect of the use upon the potential market for or value of the copyrighted work (as a general rule copying may be permitted if it is unlikely to cause economic harm to the original author)

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.

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What is the Internet?

Each definition of the Internet is a simplified statement and runs the risk of being outdated within a short time. What is usually referred to as the Internet is a network of thousands of computer networks (so called autonomous systems) run by governmental authorities, companies, and universities, etc. Generally speaking, every time a user connects to a computer networks, a new Internet is created. Technically speaking, the Internet is a wide area network (WAN) that may be connected to local area networks (LANs).

What constitutes the Internet is constantly changing. Certainly the state of the future Net will be different to the present one. Some years ago the Internet could still be described as a network of computer networks using a common communication protocol, the so-called IP protocol. Today, however, networks using other communication protocols are also connected to other networks via gateways.

Also, the Internet is not solely constituted by computers connected to other computers, because there are also point-of-sale terminals, cameras, robots, telescopes, cellular phones, TV sets and and an assortment of other hardware components that are connected to the Internet.

At the core of the Internet are so-called Internet exchanges, national backbone networks, regional networks, and local networks.

Since these networks are often privately owned, any description of the Internet as a public network is not an accurate. It is easier to say what the Internet is not than to say what it is. On 24 October, 1995 the U.S. Federal Networking Council made the following resolution concerning the definition of the term "Internet": "Internet" refers to the global information system that (i) is logically linked together by a globally unique address space based on the Internet Protocol (IP) or its subsequent extensions/follow-ons; (ii) is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite or its subsequent extensions/follow-ons, and/or other IP-compatible protocols; and (iii) provides, uses or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure described herein." (http://www.fnc.gov/Internet_res.html)

What is generally and in a simplyfiying manner called the Internet, may be better referred to as the Matrix, a term introduced by science fiction writer William Gibson, as John S. Quarterman and Smoot Carl-Mitchell have proposed. The Matrix consists of all computer systems worldwide capable of exchanging E-Mail: of the USENET, corporate networks and proprietary networks owned by telecommunication and cable TV companies.

Strictly speaking, the Matrix is not a medium; it is a platform for resources: for media and services. The Matrix is mainly a very powerful means for making information easily accessible worldwide, for sending and receiving messages, videos, texts and audio files, for transferring funds and trading securities, for sharing resources, for collecting weather condition data, for trailing the movements of elephants, for playing games online, for video conferencing, for distance learning, for virtual exhibitions, for jamming with other musicians, for long distance ordering, for auctions, for tracking packaged goods, for doing business, for chatting, and for remote access of computers and devices as telescopes and robots remotely, e. g. The Internet is a wonderful tool for exchanging, retrieving, and storing data and sharing equipment over long distances and eventually real-time, if telecommunication infrastructure is reliable and of high quality.

For a comprehensive view of uses of the Matrix, especially the World Wide Web, see ""24 Hours in Cyberspace"

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Timeline 1600 - 1900 AD

17th century Cardinal Richelieu invents an encryption-tool called grille, a card with holes for writing messages on paper into the holes of those cards. Afterwards he removes the cards and fills in the blanks, so the message looks like an ordinary letter. The recipient needs to own the same card

- Bishop John Wilkins invents a cryptologic system looking like music notes. In a book he describes several forms of steganographic systems like secrets inks, but also the string cipher. He mentions the so-called Pig Latin, a spoken way of encryption that was already used by the ancient Indians

- the English scientist, magician and astrologer John Dee works on the ancient Enochian alphabet; he also possesses an encrypted writing that could not been broken until today

1605/1623 Sir Francis Bacon (= Francis Tudor = William Shakespeare?) writes several works containing ideas about cryptography. One of his most important advises is to use ciphers in such a way that no-one gets suspicious that the text could be enciphered. For this the steganogram was the best method, very often used in poems. The attempt to decipher Shakespeare's sonnets (in the 20th century) lead to the idea that his works had been written by Francis Bacon originally.

1671 Leibniz invents a calculating machine that uses the binary scale which we still use today, more advanced of course, called the ASCII code

18th century this is the time of the Black Chambers of espionage in Europe, Vienna having one of the most effective ones, called the "Geheime Kabinettskanzlei", headed by Baron Ignaz von Koch. Its task is to read through international diplomatic mail, copy letters and return them to the post-office the same morning. Supposedly about 100 letters are dealt with each day.

1790's Thomas Jefferson and Robert Patterson invent a wheel cipher

1799 the Rosetta Stone is found and makes it possible to decipher the Egyptian Hieroglyphs

1832 or 1838 Sam Morse develops the Morse Code, which actually is no code but an enciphered alphabet of short and long sounds. The first Morse code-message is sent by telegraph in 1844.

1834 the Braille Code for blind people is developed in today's form by Louis Braille

1844 the invention of the telegraph changes cryptography very much, as codes are absolutely necessary by then

1854 the Playfair cipher is invented by Sir Charles Wheatstone

1859 for the first time a tomographic cipher gets described

1861 Friedrich W. Kasiski does a cryptoanalysis of the Vigenère ciphers, which had been supposed to be uncrackable for ages

1891 Major Etienne Bazeries creates a new version of the wheel cipher, which is rejected by the French Army

1895 the invention of the radio changes cryptography-tasks again and makes them even more important

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Virtual cartels; mergers

In parallel to the deregulation of markets, there has been a trend towards large-scale mergers which ridicules dreams of increased competition.

Recent mega-mergers and acquisitions include

SBC Communications - Ameritech, $ 72,3 bn

Bell Atlantic - GTE, $ 71,3

AT&T - Media One, $ 63,1

AOL - Time Warner, $ 165 bn

MCI Worldcom - Spring, $ 129 bn

The total value of all major mergers since the beginnings of the 1990s has been 20 trillion Dollars, 2,5 times the size of the USA's GIP.

The AOL- Time Warner reflects a trend which can be observed everywhere: the convergence of the ICT and the content industries. This represents the ultimate advance in complete market domination, and a alarming threat to independent content.

"Is TIME going to write something negative about AOL? Will AOL be able to offer anything other than CNN sources? Is the Net becoming as silly and unbearable as television?"

(Detlev Borchers, journalist)

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CIM

To perform manufacturing firm's functions related to design and production the CAD/CAM technology, for computer-aided design and computer-aided manufacturing, was developed. Today it is widely recognized that the scope of computer applications must extend beyond design and production to include the business functions of the firm. The name given to this more comprehensive use of computers is computer-integrated manufacturing (CIM).

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Montage

Certain elements of two or more photographs can be put together, mixed, and the outcome is a new picture. Like this, people can appear in the same picture, even "sit at the same table" though they have never met in reality.

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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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Whitfield Diffie

Whitfield Diffie is an Engineer at Sun Microsystems and co-author of Privacy on the Line (MIT Press) in 1998 with Susan Landau. In 1976 Diffie and Martin Hellman developed public key cryptography, a system to send information without leaving it open to be read by everyone.

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Blue Box

The blue box-system works with a special blue colored background. The person in front can act as if he/she was filmed anywhere, also in the middle of a war.

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