Positions Towards the Future of Copyright in the "Digital Age" With the development of new transmission, distribution and publishing technologies and the increasing digitalization of information copyright has become the subject of vigorous debate. Among the variety of attitudes towards the future of traditional copyright protection two main tendencies can be identified: Eliminate Copyright Anti-copyrightists believe that any intellectual property should be in the public domain and available for all to use. "Information wants to be free" and copyright restricts people's possibilities concerning the utilization of digital content. An enforced copyright will lead to a further digital divide as copyright creates unjust monopolies in the basic commodity of the "information age". Also the increased ease of copying effectively obviates copyright, which is a relict of the past and should be expunged. Enlarge Copyright Realizing the growing economic importance of intellectual property, especially the holders of copyright (in particular the big publishing, distribution and other core copyright industries) - and therefore recipients of the royalties - adhere to the idea of enlarging copyright. In their view the basic foundation of copyright - the response to the need to provide protection to authors so as to give them an incentive to invest the time and effort required to produce creative works - is also relevant in a digital environment.

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Basics: Protected Persons Generally copyright vests in the author of the work. Certain national laws provide for exceptions and, for example, regard the employer as the original owner of a copyright if the author was, when the work was created, an employee and employed for the purpose of creating that work. In the case of some types of creations, particularly audiovisual works, several national laws provide for different solutions to the question that should be the first holder of copyright in such works. Many countries allow copyright to be assigned, which means that the owner of the copyright transfers it to another person or entity, which then becomes its holder. When the national law does not permit assignment it usually provides the possibility to license the work to someone else. Then the owner of the copyright remains the holder, but authorizes another person or entity to exercise all or some of his rights subject to possible limitations. Yet in any case the "moral rights" always belong to the author of the work, whoever may be the owner of the copyright (and therefore of the "economic rights").

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Acessing the Internet The Net connections can be based on wire-line and wireless access technolgies. Wire-line access Wire-less access copper wires Satellites coaxial cables mobile terrestrial antennas electric power lines fixed terrestrial antennas fiber-optic cables Usually several kinds of network connections are employed at once. Generally speaking, when an E-mail message is sent it travels from the user's computer via copper wires or coaxial cables ISDN lines, etc., to an Internet Service Provider, from there, via fibre-optic cables, to the nearest Internet exchange, and on into a backbone network, tunneling across the continent und diving through submarine fibre-optic cables across the Atlantic to another Internet exchange, from there, via another backbone network and across another regional network to the Internet Service Provider of the supposed message recipient, from there via cables and wires of different bandwidth arriving at its destination, a workstation permanently connected to the Internet. Finally a sound or flashing icon informs your virtual neighbor that a new message has arrived. Satellite communication Although facing competition from fiber-optic cables as cost-effective solutions for broadband data transmission services, the space industry is gaining increasing importance in global communications. As computing, telephony, and audiovisual technologies converge, new wireless technologies are rapidly deployed occupying an increasing market share and accelerating the construction of high-speed networks. Privatization of satellite communication Until recently transnational satellite communication was provided exclusively by intergovernmental organizations as Intelsat, Intersputnik and Inmarsat. Scheduled privatization of intergovernmental satellite consortia: Satellite consortia Year of foundation Members Scheduled date for privatization Intelsat 1964 200 nations under the leadership of the USA 2001 Intersputnik 1971 23 nations under the leadership of Russia ? Inmarsat 1979 158 nations (all members of the International Maritime Organization) privatized since 1999 Eutelsat 1985 Nearly 50 European nations 2001 When Intelsat began to accumulate losses because of management failures and the increasing market share of fiber-optic cables, this organizational scheme came under attack. Lead by the USA, the Western industrialized countries successfully pressed for the privatization of all satellite consortia they are members of and for competition by private carriers. As of February 2000, there are 2680 satellites in service. Within the next four years a few hundred will be added by the new private satellite systems. Most of these systems will be so-called Low Earth Orbit satellite systems, which are capable of providing global mobile data services on a high-speed level at low cost. Because of such technological improvements and increasing competition, experts expect satellite-based broadband communication to be as common, cheap, and ubiquitous as satellite TV today within the next five or ten years. Major satellite communication projects Project name Main investors Expected cost Number of satellites Date of service start-up Astrolink Lockheed Martin, TRW, Telespazio, Liberty Media Group US$ 3.6 billion 9 2003 Globalstar 13 investors including Loral Space & Communications, Qualcomm, Hyundai, Alcatel, France Telecom, China Telecom, Daimler Benz and Vodafone/Airtouch US$ 3.26 billion 48 1998 ICO 57 investors including British Telecom, Deutsche Telecom, Inmarsat, TRW and Telefonica US$ 4.5 billion 10 2001 Skybridge 9 investors including Alcatel Space, Loral Space & Communications, Toshiba, Mitsubishi and Sharp US$ 6.7 billion 80 2002 Teledesic Bill Gates, Craig McCaw, Prince Alwaleed Bin Talal Bin Abdul Aziz Alsaud, Abu Dhabi Investment Company US$ 9 billion 288 2004 Source: Analysys Satellite Communications Database

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Linking and Framing: Cases Mormon Church v. Sandra and Jerald Tanner In a ruling of December 1999, a federal judge in Utah temporarily barred two critics of the Mormon Church from posting on their website the Internet addresses of other sites featuring pirated copies of a Mormon text. The Judge said that it was likely that Sandra and Jerald Tanner had engaged in contributory copyright infringement when they posted the addresses of three Web sites that they knew, or should have known, contained the copies. Kaplan, Carl S.: Copyright Decision Threatens Freedom to Link. In: New York Times. December 10, 1999. Universal Studios v. Movie-List The website Movie-List, which features links to online, externally hosted movie trailers has been asked to completely refrain from linking to any of Universal Studio's servers containing the trailers as this would infringe copyright. Cisneros, Oscar S.: Universal: Don't Link to Us. In: Wired. July 27, 1999. More cases concerned with the issue of linking, framing and the infringement of intellectual property are published in: Ross, Alexandra: Copyright Law and the Internet: Selected Statutes and Cases.

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Who owns the Internet and who is in charge? The Internet/Matrix still depends heavily on public infrastructure and there is no dedicated owner of the whole Internet/Matrix, but the networks it consists of are run and owned by corporations and institutions. Access to the Internet is usually provided by Internet Service Providers (ISPs) for a monthly fee. Each network is owned by someone and has a network operation center from where it is centrally controlled, but the Internet/Matrix is not owned by any single authority and has no network operation center of its own. No legal authority determines how and where networks can be connected together, this is something the managers of networks have to agree about. So there is no way to ever gain ultimate control of the Matrix/Internet. The in some respects decentralized Matrix/Internet architecture and administration do not imply that there are no authorities for oversight and common standards for sustaining basic operations, for administration: There are authorities for IP number and domain name registrations, e.g. Ever since the organizational structures for Internet administration have changed according to the needs to be addressed. Up to now, administration of the Internet is a collaborative undertaking of several loose cooperative bodies with no strict hierarchy of authority. These bodies make decisions on common guidelines, as communication protocols, e.g., cooperatively, so that compatibility of software is guaranteed. But they have no binding legal authority, nor can they enforce the standards they have agreed upon, nor are they wholly representative for the community of Internet users. The Internet has no official governing body or organization; most parts are still administered by volunteers. Amazingly, there seems to be an unspoken and uncodified consent of what is allowed and what is forbidden on the Internet that is widely accepted. Codifications, as the so-called Netiquette, are due to individual efforts and mostly just expressively stating the prevailing consent. Violations of accepted standards are fiercely rejected, as reactions to misbehavior in mailing lists and newsgroups prove daily. Sometimes violations not already subject to law become part of governmental regulations, as it was the case with spamming, the unsolicited sending of advertising mail messages. But engineers proved to be quicker and developed software against spamming. So, in some respects, the Internet is self-regulating, indeed. For a detailed report on Internet governance, click here.

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Problems of Copyright Management and Control Technologies Profiling and Data Mining At their most basic copyright management and control technologies might simply be used to provide pricing information, negotiate the purchase transaction, and release a copy of a work for downloading to the customer's computer. Still, from a technological point of view, such systems also have the capacity to be employed for digital monitoring. Copyright owners could for example use the transaction records generated by their copyright management systems to learn more about their customers. Profiles, in their crudest form consisting of basic demographic information, about the purchasers of copyrighted material might be created. Moreover copyright owners could use search agents or complex data mining techniques to gather more information about their customers that could either be used to market other works or being sold to third parties. Fair Use Through the widespread use of copyright management and control systems the balance of control could excessively be shifted in favor of the owners of intellectual property. The currently by copyright law supported practice of fair use might potentially be restricted or even eliminated. While information in analogue form can easily be reproduced, the protection of digital works through copyright management systems might complicate or make impossible the copying of material for purposes, which are explicitly exempt under the doctrine of fair use. Provisions concerning technological protection measures and fair use are stated in the DMCA, which provides that "Since copying of a work may be a fair use under appropriate circumstances, section 1201 does not prohibit the act of circumventing a technological measure that prevents copying. By contrast, since the fair use doctrine is not a defense e to the act of gaining unauthorized access to a work, the act of circumventing a technological measure in order to gain access is prohibited." Also the proposed EU Directive on copyright and related rights in the information society contains similar clauses. It distinguishes between the circumvention of technical protection systems for lawful purposes (fair use) and the circumvention to infringe copyright. Yet besides a still existing lack of legal clarity also very practical problems arise. Even if the circumvention of technological protection measures under fair use is allowed, how will an average user without specialized technological know-how be able to gain access or make a copy of a work? Will the producers of copyright management and control systems provide fair use versions that permit the reproduction of copyrighted material? Or will users only be able to access and copy works if they hold a digital "fair use license" ("fair use licenses" have been proposed by Mark Stefik, whereby holders of such licenses could exercise some limited "permissions" to use a digital work without a fee)?

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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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Punch card, 1801 Invented by Joseph Marie Jacquard, an engineer and architect in Lyon, France, the punch cards laid the ground for automatic information processing. For the first time information was stored in binary format on perforated cardboard cards. In 1890 Hermann Hollerith used Joseph-Marie Jacquard's punch card technology for processing statistical data retrieved from the US census in 1890, thus speeding up data analysis from eight to three years. His application of Jacquard's invention was also used for programming computers and data processing until electronic data processing was introduced in the 1960's. - As with writing and calculating, administrative purposes account for the beginning of modern automatic data processing. Paper tapes are a medium similar to Jacquard's punch cards. In 1857 Sir Charles Wheatstone applied them as a medium for the preparation, storage, and transmission of data for the first time. By their means, telegraph messages could be prepared off-line, sent ten times quicker (up to 400 words per minute), and stored. Later similar paper tapes were used for programming computers.

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Binary number system In mathematics, the term binary number system refers to a positional numeral system employing 2 as the base and requiring only two different symbols, 0 and 1. The importance of the binary system to information theory and computer technology derives mainly from the compact and reliable manner in which data can be represented in electromechanical devices with two states--such as "on-off," "open-closed," or "go-no go."

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Fuzzy logic A superset of Boolean logic (George Boole) introduced by Lotfi Zadeh in the 1960s as a means to model the uncertainty of natural language. Fuzzy logic is a type of logic that recognizes more than simple true and false values. It represents a departure from classical two-valued sets and logic, that use "soft" linguistic (e.g. large, small, hot, cold, warm) system variables and a continuous range of truth values in the interval [0,1], rather than strict binary (true or false) decisions and assignments.

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Mass production The term mass production refers to the application of the principles of specialization, division of labor, and standardization of parts to the manufacture of goods. The use of modern methods of mass production has brought such improvements in the cost, quality, quantity, and variety of goods available that the largest global population in history is now sustained at the highest general standard of living. A moving conveyor belt installed in a Dearborn, Michigan, automobile plant in 1913 cut the time required to produce flywheel magnetos from 18 minutes to 5 and was the first instance of the use of modern integrated mass production techniques.

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Assembly line An assembly line is an industrial arrangement of machines, equipment, and workers for continuous flow of workpieces in mass production operations. An assembly line is designed by determining the sequences of operations for manufacture of each product component as well as the final product. Each movement of material is made as simple and short as possible with no cross flow or backtracking. Work assignments, numbers of machines, and production rates are programmed so that all operations performed along the line are compatible.

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