History: European Tradition

Only in Roman times the first rights referring to artistic works appeared. Regulations resembling a lasting exclusive right to copy did not occur until the 17th century. Before copyright was a private arrangement between guilds able to reproduce copies in commercial quantities.

In France and Western European countries "droits d'auteur" or author's rights is the core of what in the Anglo-American tradition is called copyright. Such rights are rooted in the republican revolution of the late 18th century, and the Rights of Man movement. Today in the European system the creator is front and center; later exploiters are only secondary players.

France

During the 18th century France gradually lost the ability to restrict intellectual property. Before the Revolution, all books, printers and booksellers had to have a royal stamp of approval, called a "privilege". In return for their lucrative monopoly, the French guild of printers and booksellers helped the police to suppress anything that upset royal sensibilities or ran contrary to their interests. Still there were also a whole lot of underground printers who flooded the country with pirated, pornographic and seditious literature. And thousands of writers, most at the edge of starvation.

In 1777 the King threatened the monopoly by reducing the duration of publisher's privileges to the lifetime of the authors. Accordingly a writer's work would go into the public domain after his death and could be printed by anyone. The booksellers fought back by argumenting that, no authority could take their property from them and give it to someone else. Seven months later, in August 1789, the revolutionary government ended the privilege system and from that time on anyone could print anything. Early in 1790 Marie-Jean-Antoine-Nicolas de Caritat, Marquis de Condorcet proposed giving authors power over their own work lasting until ten years after their deaths. The proposal - the basis for France's first modern copyright law - passed in 1793.

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Timeline 1970-2000 AD

1971 IBM's work on the Lucifer cipher and the work of the NSA lead to the U.S. Data Encryption Standard (= DES)

1976 Whitfield Diffie and Martin Hellman publish their book New Directions in Cryptography, playing with the idea of public key cryptography

1977/78 the RSA algorithm is developed by Ron Rivest, Adi Shamir and Leonard M. Adleman and is published

1984 Congress passes Comprehensive Crime Control Act

- The Hacker Quarterly is founded

1986 Computer Fraud and Abuse Act is passed in the USA

- Electronic Communications Privacy Act

1987 Chicago prosecutors found Computer Fraud and Abuse Task Force

1988 U.S. Secret Service covertly videotapes a hacker convention

1989 NuPrometheus League distributes Apple Computer software

1990 - IDEA, using a 128-bit key, is supposed to replace DES

- Charles H. Bennett and Gilles Brassard publish their work on Quantum Cryptography

- Martin Luther King Day Crash strikes AT&T long-distance network nationwide


1991 PGP (= Pretty Good Privacy) is released as freeware on the Internet, soon becoming worldwide state of the art; its creator is Phil Zimmermann

- one of the first conferences for Computers, Freedom and Privacy takes place in San Francisco

- AT&T phone crash; New York City and various airports get affected

1993 the U.S. government announces to introduce the Clipper Chip, an idea that provokes many political discussions during the following years

1994 Ron Rivest releases another algorithm, the RC5, on the Internet

- the blowfish encryption algorithm, a 64-bit block cipher with a key-length up to 448 bits, is designed by Bruce Schneier

1990s work on quantum computer and quantum cryptography

- work on biometrics for authentication (finger prints, the iris, smells, etc.)

1996 France liberates its cryptography law: one now can use cryptography if registered

- OECD issues Cryptography Policy Guidelines; a paper calling for encryption exports-standards and unrestricted access to encryption products

1997 April European Commission issues Electronic Commerce Initiative, in favor of strong encryption

1997 June PGP 5.0 Freeware widely available for non-commercial use

1997 June 56-bit DES code cracked by a network of 14,000 computers

1997 August U.S. judge assesses encryption export regulations as violation of the First Amendment

1998 February foundation of Americans for Computer Privacy, a broad coalition in opposition to the U.S. cryptography policy

1998 March PGP announces plans to sell encryption products outside the USA

1998 April NSA issues a report about the risks of key recovery systems

1998 July DES code cracked in 56 hours by researchers in Silicon Valley

1998 October Finnish government agrees to unrestricted export of strong encryption

1999 January RSA Data Security, establishes worldwide distribution of encryption product outside the USA

- National Institute of Standards and Technologies announces that 56-bit DES is not safe compared to Triple DES

- 56-bit DES code is cracked in 22 hours and 15 minutes

1999 May 27 United Kingdom speaks out against key recovery

1999 Sept: the USA announce to stop the restriction of cryptography-exports

2000 as the German government wants to elaborate a cryptography-law, different organizations start a campaign against that law

- computer hackers do no longer only visit websites and change little details there but cause breakdowns of entire systems, producing big economic losses

for further information about the history of cryptography see:
http://www.clark.net/pub/cme/html/timeline.html
http://www.math.nmsu.edu/~crypto/Timeline.html
http://fly.hiwaay.net/~paul/cryptology/history.html
http://www.achiever.com/freehmpg/cryptology/hocryp.html
http://all.net/books/ip/Chap2-1.html
http://cryptome.org/ukpk-alt.htm
http://www.iwm.org.uk/online/enigma/eni-intro.htm
http://www.achiever.com/freehmpg/cryptology/cryptofr.html
http://www.cdt.org/crypto/milestones.shtml

for information about hacker's history see:
http://www.farcaster.com/sterling/chronology.htm:

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Copyright Management and Control Systems: Metering

Metering systems allow copyright owners to ensure payment to or at the time of a consumer's use of the work. Those technologies include:

Hardware Devices

Those have to be acquired and installed by the user. For example under a debit card approach, the user purchases a debit card that is pre-loaded with a certain amount of value. After installation, the debit card is debited automatically as the user consumes copyrighted works.

Digital Certificates

Hereby a certification authority issues to a user an electronic file that identifies the user as the owner of a public key. Those digital certificates, besides information on the identity of the holder can also include rights associated with a particular person. Vendors can so control access system resources, including copyrighted files, by making them available only to users who can provide a digital certificate with specified rights (e.g. access, use, downloading).

Centralized Computing

Under this approach all of the executables remain at the server. Each time the executable is used, the user's computer must establish contact with the server, allowing the central computer to meter access.

Access Codes

Access code devices permit users to "unlock" protective mechanisms (e.g. date bombs or functional limitations) embedded in copyrighted works. Copyright owners can meter the usage of their works, either by unlocking the intellectual property for a one-time license fee or by requiring periodic procurement of access codes.

Copyright Clearinghouses

Under this approach copyright owners would commission "clearinghouses" with the ability to license the use of their works. A user would pay a license fee to obtain rights concerning the intellectual property.


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Basics: Introduction

Copyright law is a branch of intellectual property law and deals with the rights of intellectual creators in their works. The scope of copyright protection as laid down in Article 2 of the 1996 WIPO Copyright Treaty "... extends to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such." Copyright law protects the creativity concerning the choice and arrangement of words, colors, musical notes etc. It grants the creators of certain specified works exclusive rights relating to the "copying" and use of their original creation.


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Microsoft Corporation

Founded by Bill Gates and Paul Allen and headquartered in Redmond, USA, Microsoft Corporation is today's world-leading developer of personal-computer software systems and applications. As MS-DOS, the first operating system released by Microsoft, before, Windows, its successor, has become the de-facto standard operating system for personal computer. According to critics and following a recent court ruling this is due to unfair competition.

http://www.microsoft.com

For more detailed information see the Encyclopaedia Britannica: http://www.britannica.com/bcom/eb/article/4/0,5716,1524+1+1522,00.html

http://www.microsoft.com/
http://www.britannica.com/bcom/eb/article/4/0...
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Invention

According to the WIPO an invention is a "... novel idea which permits in practice the solution of a specific problem in the field of technology." Concerning its protection by law the idea "... must be new in the sense that is has not already been published or publicly used; it must be non-obvious in the sense that it would not have occurred to any specialist in the particular industrial field, had such a specialist been asked to find a solution to the particular problem; and it must be capable of industrial application in the sense that it can be industrially manufactured or used." Protection can be obtained through a patent (granted by a government office) and typically is limited to 20 years.

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Mark

A mark (trademark or service mark) is "... a sign, or a combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings. The sign may particularly consist of one or more distinctive words, letters, numbers, drawings or pictures, emblems, colors or combinations of colors, or may be three-dimensional..." (WIPO) To be protected a mark must be registered in a government office whereby generally the duration is limited in time, but can be periodically (usually every 10 years) renewed.

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