Legal Protection: Multilateral Agreements

With the rise of a global economic system a desire to establish agreements, which protect works not only within national borders, but also within a "Union" of countries or on an international level, has been expressed. As a consequence a variety of multilateral treaties have been negotiated and adopted by governments. Those shall simplify practice through international standardization and mutual recognition of rights and duties among nations.


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RTMark and Adbusters at the WTO Conference in Seattle

The 1999 WTO (World Trade Organization) Conference in Seattle not only attracted a multitude of demonstrators, but also artistic and cultural activists like RTMark and Adbusters.

Adbusters, well known as fighters against corporate disinformation, injustices in the global economy and "physical and mental pollution", timely for the WTO Conference purchased three billboards in downtown Seattle. Featuring an image with the text "System Error - Type 2000 (progress)", the billboards were meant to challenge "... the WTO's agenda of global corporate growth and expose what isn't reflected in the United State's GNP - human and environmental capital."

At the same time RTMark went on-line with its spoof WTO website http://gatt.org. Shortly after its release WTO Director-General Mike Moore accused RTMark of attempting to "undermine WTO transparency" by copying the WTO website's design and using "domain names such as `www.gatt.org` and page titles such as 'World Trade Organization / GATT Home Page' which make it difficult for visitors to realize that these are fake pages." http://gatt.org is not the first time that RTMark has used website imitation aiming at rendering an entity more transparent. RTMark has performed the same "service" for George W. Bush, Rudy Giuliani, Shell Oil, and others with the principal purpose of publicizing corporate abuses of democratic processes.

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Basics: Protected Works

Usually the subject matter of copyright is described as "literary and artistic works" - original creations in the fields of literature and arts. Such works may be expressed in words, symbols, pictures, music, three-dimensional objects, or combinations thereof. Practically all national copyright laws provide for the protection of the following types of works:

Literary works: novels, poems dramatic works and any other writings, whether published or unpublished; in most countries also computer programs and "oral works"

Musical works

Artistic works: whether two-dimensional or three-dimensional; irrespective of their content and destination

Maps and technical drawings

Photographic works: irrespective of the subject matter and the purpose for which made

Audiovisual works: irrespective of their purpose, genre, length, method employed or technical process used

Some copyright laws also provide for the protection of choreographic works, derivative works (translations, adaptions), collections (compilations) of works and mere data (data bases); collections where they, by reason of the selection and arrangement of the contents, constitute intellectual creations. Furthermore in some countries also "works of applied art" (furniture, wallpaper etc.) and computer programs (either as literary works or independently) constitute copyrightable matter.

Under certain national legislations the notion "copyright" has a wider meaning than "author's rights" and, in addition to literary and artistic works, also extends to the producers of sound recordings, the broadcasters of broadcasts and the creators of distinctive typographical arrangements of publications.


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Intellectual Property: A Definition

Intellectual property, very generally, relates to the output, which result from intellectual activity in the industrial, scientific, literary and artistic fields. Traditionally intellectual property is divided into two branches:

1) Industrial Property

a) Inventions
b) Marks (trademarks and service marks)
c) Industrial designs
d) Unfair competition (trade secrets)
e) Geographical indications (indications of source and appellations of origin)

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. Those rights apply to the intellectual creation as such, and not to the physical object in which the work may be embodied.

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History: Anglo-American Tradition

With the introduction of the printing press into England in 1476 printing was made easier and faster and made copies less expensive. By the early 16th century two trades dominated the industry: independent printers and booksellers or stationers many of whom were vertically integrated as printers. At the time, the Crown was concerned about sedition and the Church about heresy. In 1557 by royal charter the Stationers' Company of London was created and exclusive rights granted. Approved printers were given the right to copy approved works. Accordingly the roots of copyright were censorship.

The Statute of Queen Ann, the first formal copyright law, was passed in 1710. Copyright was then conferred on the author of a work, but still the owner of copyright was nearly always the bookseller. Only in 1775 the House of Lords replaced the common law of printing rights in favor of the author.

In this tradition the underlying concept of copyright is monopoly, first granted to printers, then to booksellers and later to individual creators. Copyright is treated as a commodity to be bought and sold and inspired by a need to protect the public from the power of the artist.

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Gottfried Wilhelm von Leibniz

b. July 1, 1646, Leipzig
d. November 14, 1716, Hannover, Hanover

German philosopher, mathematician, and political adviser, important both as a metaphysician and as a logician and distinguished also for his independent invention of the differential and integral calculus. 1661, he entered the University of Leipzig as a law student; there he came into contact with the thought of men who had revolutionized science and philosophy--men such as Galileo, Francis Bacon, Thomas Hobbes, and René Descartes. In 1666 he wrote De Arte Combinatoria ("On the Art of Combination"), in which he formulated a model that is the theoretical ancestor of some modern computers.

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Bruce Schneier

Bruce Schneier is president of Counterpane Systems in Minneapolis. This consulting enterprise specialized in cryptography and computer security. He is the author of the book Applied Cryptography and inventor of the Blowfish and Twofish encryption algorithms.

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Internet Software Consortium

The Internet Software Consortium (ISC) is a nonprofit corporation dedicated to the production of high-quality reference implementations of Internet standards that meet production standards. Its goal is to ensure that those reference implementations are properly supported and made freely available to the Internet community.

http://www.isc.org

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Server

A server is program, not a computer, as it sometimes said, dedicated to store files, manage printers and network traffic, or process database queries.

Web sites, the nodes of the World Wide Web (WWW), e.g., are stored on servers.

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The World Wide Web History Project

The ongoing World Wide Web History Project was established to record and publish the history of the World Wide Web and its roots in hypermedia and networking. As primary research methods are used archival research and the analysis of interviews and talks with pioneers of the World Wide Web. As result a vast of collection of historic video, audio, documents, and software is expected. The project's digital archive is currently under development.

http://www.webhistory.org/home.html

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Friedrich Kittler, The History of Communication Media

In this essay, Friedrich Kittler, one of the world's leading media theorists and media historicist, offers a concise and fascinating history of communication technologies in general terms from its beginnings up to now, provoking new insights by showing interesting interdependencies.

http://www.ctheory.com/ga1.14.html

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