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Intellectual Property and the "Information Society" Metaphor Today the talk about the so-called "information society" is ubiquitous. By many it is considered as the successor of the industrial society and said to represent a new form of societal and economical organization. This claim is based on the argument, that the information society uses a new kind of resource, which fundamentally differentiates from that of its industrial counterpart. Whereas industrial societies focus on physical objects, the information society's raw material is said to be knowledge and information. Yet the conception of the capitalist system, which underlies industrial societies, also continues to exist in an information-based environment. Although there have been changes in the forms of manufacture, the relations of production remain organized on the same basis. The principle of property. In the context of a capitalist system based on industrial production the term property predominantly relates to material goods. Still even as in an information society the raw materials, resources and products change, the concept of property persists. It merely is extended and does no longer solely consider physical objects as property, but also attempts to put information into a set of property relations. This new kind of knowledge-based property is widely referred to as " | |||||||||||||||||||||||||||||||||||
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Legal Protection: TRIPS (Trade-Related Aspects of Intellectual Property Rights) Another important multilateral treaty concerned with The complete TRIPS agreement can be found on: | |||||||||||||||||||||||||||||||||||
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Problems of Copyright Management and Control Technologies Profiling and Data Mining At their most basic 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 Provisions concerning technological protection measures and fair use are stated in the | |||||||||||||||||||||||||||||||||||
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Basics: Infringement and Fair Use The Yet copyright laws also provide that the rights of copyright owners are subject to the doctrine of " - 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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Atrocity Stories Atrocity stories are nothing else than lies; the two words "atrocity stories" simply pretend to be more diplomatic. The purpose is to destroy an image of the enemy, to create a new one, mostly a bad one. The story creating the image is not necessarily made up completely. It can also be a changed into a certain variable direction. The most important thing about atrocity stories is to follow the line of possibility. Even if the whole story is made up it must be probable or at least possible, following rumors. Most successful might it be if a rumor is spread on purpose, some time before the atrocity story is launched, because as soon as something seems to be familiar, it is easier to believe it. | |||||||||||||||||||||||||||||||||||
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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 " | |||||||||||||||||||||||||||||||||||
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Biometrics applications: gate keeping Identity has to do with "place". In less mobile societies, the place where a person finds him/herself tells us something about his/her identity. In pre-industrial times, gatekeepers had the function to control access of people to particular places, i.e. the gatekeepers function was to identify people and then decide whether somebody's identity would allow that person to physically occupy another place - a town, a building, a vehicle, etc. In modern societies, the unambiguous nature of place has been weakened. There is a great amount of physical mobility, and ever since the emergence and spread of electronic communication technologies there has been a "virtualisation" of places in what today we call "virtual space" (unlike place, space has been a virtual reality from the beginning, a mathematical formula) The question as to who one is no longer coupled to the physical abode. Highly mobile and virtualised social contexts require a new generation of gatekeepers which biometric technology aims to provide. | |||||||||||||||||||||||||||||||||||
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Identificaiton in history In biometric technology, the subject is reduced to its physical and therefore inseparable properties. The subject is a subject in so far as it is objectified; that is, in so far as is identified with its own res extensa, Descartes' "extended thing". The subject exists in so far as it can be objectified, if it resists the objectification that comes with measurement, it is rejected or punished. Biometrics therefore provides the ultimate tool for control; in it, the dream of hermetic identity control seems to become a reality, a modern technological reconstruction of traditional identification techniques such as the handshake or the look into somebody's eyes. The use of identification by states and other institutions of authority is evidently not simply a modern phenomenon. The ancient Babylonians and Chinese already made use of finger printing on clay to identify authors of documents, while the Romans already systematically compared handwritings. Body measurement has long been used by the military. One of the first measures after entering the military is the identification and appropriation of the body measurements of a soldier. These measurements are filed and combined with other data and make up what today we would call the soldier's data body. With his data body being in possession of the authority, a soldier is no longer able freely socialise and is instead dependent on the disciplinary structure of the military institution. The soldier's social being in the world is defined by the military institution. However, the military and civilian spheres of modern societies are no longer distinct entities. The very ambivalence of advanced technology (dual use technologies) has meant that "good" and "bad" uses of technology can no longer be clearly distinguished. The measurement of physical properties and the creation of data bodies in therefore no longer a military prerogative, it has become diffused into all areas of modern societies. If the emancipatory potential of weak identities is to be of use, it is therefore necessary to know how biometric technologies work and what uses they are put to. | |||||||||||||||||||||||||||||||||||
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Challenges for Copyright by ICT: Internet Service Providers ISPs (Internet Service Providers) (and to a certain extent also telecom operators) are involved in the copyright debate primarily because of their role in the transmission and storage of digital information. Problems arise particularly concerning Caching Caching it is argued could cause damage because the copies in the cache are not necessarily the most current ones and the delivery of outdated information to users could deprive website operators of accurate "hit" information (information about the number of requests for a particular material on a website) from which advertising revenue is frequently calculated. Similarly harms such as defamation or infringement that existed on the original page may propagate for years until flushed from each cache where they have been replicated. Although different concepts, similar issues to caching arise with mirroring (establishing an identical copy of a website on a different server), archiving (providing a historical repository for information, such as with newsgroups and mailing lists), and full-text indexing (the copying of a document for loading into a full-text or nearly full-text database which is searchable for keywords or concepts). Under a literal reading of some copyright laws caching constitutes an infringement of copyright. Yet recent legislation like the Information Residing on Systems or Networks at the Direction of Users ISPs may be confronted with problems if infringing material on websites (of users) is hosted on their systems. Although some copyright laws like the DMCA provide for limitations on the liability of ISPs if certain conditions are met, it is yet unclear if ISPs should generally be accountable for the storage of infringing material (even if they do not have actual knowledge) or exceptions be established under specific circumstances. Transitory Communication In the course of transmitting digital information from one point on a network to another ISPs act as a data conduit. If a user requests information ISPs engage in the transmission, providing of a connection, or routing thereof. In the case of a person sending infringing material over a network, and the ISP merely providing facilities for the transmission it is widely held that they should not be liable for infringement. Yet some copyright laws like the DMCA provide for a limitation (which also covers the intermediate and transient copies that are made automatically in the operation of a network) of liability only if the ISPs activities meet certain conditions. For more information on copyright ( Harrington, Mark E.: On-line Copyright Infringement Liability for Internet Service Providers: Context, Cases & Recently Enacted Legislation. In: Teran, G.: | |||||||||||||||||||||||||||||||||||
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Transparent customers. Direct marketing online This process works even better on the Internet because of the latter's interactive nature. "The Internet is a dream to direct marketers", said Wil Lansing, CEO of the American retailer Many web sites also are equipped with One frequent way of obtaining such personal information of a user is by offering free web mail accounts offered by a great many companies, internet providers and web portals (e.g. However, the intention of collecting users personal data and create consumer profiles based on online behaviour can also take on more creative and playful forms. One such example is The particular way in which sites such as sixdegrees.com and others are structured mean that not only to users provide initial information about them, but also that this information is constantly updated and therefore becomes even more valuable. Consequently, many free online services or web mail providers cancel a user's account if it has not been uses for some time. There are also other online services which offer free services in return for personal information which is then used for marketing purposes, e.g. Yahoo's A further way of collecting consumer data that has recently become popular is by offering free PCs. Users are provided with a PC for free or for very little money, and in return commit themselves to using certain services rather than others (e.g. a particular internet provider), providing information about themselves, and agree to have their online behaviour monitored by the company providing the PC, so that accurate user profiles can be compiled. For example, the A good inside view of the world of direct marketing can be gained at the website of the | |||||||||||||||||||||||||||||||||||
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0 - 1400 A.D. 150 A The Roman smoke signals network consisted of towers within a visible range of each other and had a total length of about 4500 kilometers. It was used for military signaling. For a similar telegraph network in ancient Greece see About 750 In Japan block printing is used for the first time. 868 In China the world's first dated book, the Diamond Sutra, is printed. 1041-1048 In China moveable types made from clay are invented. 1088 The first of the great medieval universities was established in Bologna. At the beginning universities predominantly offered a kind of do-it-yourself publishing service. Books still had to be copied by hand and were so rare that a copy of a widely desired book qualified for being invited to a university. Holding a lecture equaled to reading a book aloud, like a priest read from the Bible during services. Attending a lecture equaled to copy a lecture word by word, so that you had your own copy of a book, thus enabling you to hold a lecture, too. For further details see History of the Idea of a University, | |||||||||||||||||||||||||||||||||||
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Product Placement With television still being very popular, commercial entertainment has transferred the concept of soap operas onto the Web. The first of this new species of "Cybersoaps" was | |||||||||||||||||||||||||||||||||||
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Economic structure; transparent customers Following the dynamics of informatised economies, the consumption habits and lifestyles if customers are of great interest. New technologies make it possible to store and combine collected data of an enormous amount of people. User profiling helps companies understand what potential customers might want. Often enough, such data collecting takes place without the customer's knowledge and amounts to spying. "Much of the information collection that occurs on the Internet is invisible to the consumer, which raises serious questions of fairness and informed consent." (David Sobel, Electronic Privacy Information Center) | |||||||||||||||||||||||||||||||||||
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Definition During the last 20 years the old "Digital divide" describes the fact that the world can be divided into people who do and people who do not have access to (or the education to handle with) modern information technologies, e.g. cellular telephone, television, Internet. This digital divide is concerning people all over the world, but as usually most of all people in the formerly so called third world countries and in rural areas suffer; the poor and less-educated suffer from that divide. More than 80% of all computers with access to the Internet are situated in larger cities. "The cost of the information today consists not so much of the creation of content, which should be the real value, but of the storage and efficient delivery of information, that is in essence the cost of paper, printing, transporting, warehousing and other physical distribution means, plus the cost of the personnel manpower needed to run these `extra' services ....Realizing an autonomous distributed networked society, which is the real essence of the Internet, will be the most critical issue for the success of the information and communication revolution of the coming century of millennium." (Izumi Aizi) for more information see: | |||||||||||||||||||||||||||||||||||
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1000 B.C. - 0 900 B.C. A postal service is used for governmental purposes in China. 500 B.C. In ancient Greece trumpets, drums, shouting, beacon, fires, smoke signals, and mirrors are used for message transmission. 4th century B.C. Aeneas Tacitus, a Greek military scientist and cryptographer, invented an optical communication system that combines water and beacon telegraphy. Torches indicated the beginnings and the ends of a message transmission while water jars were used to transmit the messages. These jars had a plugged standard-size hole drilled on the bottom side and were filled with water. As those who sent and those who received the message unplugged the jars simultaneously, the water drained out. Because the transmitted messages corresponded to water levels, the sender indicated by a torch signal that the appropriate water level had been reached. The methods disadvantage was that the possible messages were restricted to a given code, but as the system was mainly used for military purposes, this was offset by the advantage that it was almost impossible for outsiders to understand the messages unless they possessed the codebook. With communication separated from transportation, the distant became near. Tacitus' telegraph system was very fast and not excelled until For further information see Joanne Chang & Anna Soellner, Decoding Device, 3rd century B.C. Wax tablets are used as writing material in Mesopotamia, ancient Greece, and Etruria. 2nd century B.C. In China paper is invented. 1st century B.C. The use of codices instead of scrolls - basically the hardcover book as we know it today - is an essential event in European history. To quote accurately by page number, to browse through pages and to skip chapters - things that were impossible when reading scrolls - becomes possible. In the computer age we are witnesses to a kind of revival of the scrolls as we scroll up and down a document. The introduction of hypertext possibly marks the beginning of a similar change as has taken place with the substitution of scrolls with codices. | |||||||||||||||||||||||||||||||||||
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The Piracy "Industry" Until recent years, the problem of piracy (the unauthorized reproduction or distribution of copyrighted works (for commercial purposes)) was largely confined to the copying and physical distribution of tapes, disks and CDs. Yet the emergence and increased use of global data networks and the WWW has added a new dimension to the piracy of This new development, often referred to as Internet piracy, broadly relates to the use of global data networks to 1) transmit and download digitized copies of pirated works, 2) advertise and market pirated intellectual property that is delivered on physical media through the mails or other traditional means, and 3) offer and transmit codes or other technologies which can be used to circumvent Lately the Table: IIPA 1998 - 1999 Estimated Trade Loss due to Copyright Piracy (in millions of US$)
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AT&T AT&T Corporation provides voice, data and video communications services to large and small businesses, consumers and government entities. AT&T and its subsidiaries furnish domestic and international long distance, regional, local and wireless communications services, cable television and Internet communications services. AT&T also provides billing, directory and calling card services to support its communications business. AT&T's primary lines of business are business services, consumer services, broadband services and wireless services. In addition, AT&T's other lines of business include network management and professional services through AT&T Solutions and international operations and ventures. In June 2000, AT&T completed the acquisition of MediaOne Group. With the addition of MediaOne's 5 million cable subscribers, AT&T becomes the country's largest cable operator, with about 16 million customers on the systems it owns and operates, which pass nearly 28 million American homes. (source: Yahoo) Slogan: "It's all within your reach" Business indicators: Sales 1999: $ 62.391 bn (+ 17,2 % from 1998) Market capitalization: $ 104 bn Employees: 107,800 Corporate website: | |||||||||||||||||||||||||||||||||||
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Slobodan Milosevic Slobodan Milosevic (* 1941) is a Serbian political leader. As a young man S. Milosevic joined the Communist Party, in 1984 the banker became head of the local Communist Party of Belgrade, in 1987 head of the Serb CP. Since 1989 he has been president of Serbia (since 1997 president of the new Federal Republic of Yugoslavia). During his reign the Yugoslav Republic broke up, bringing about the independence of Slovenia and Croatia and the war in Bosnia. In 1998 the Kosovo Crisis started. | |||||||||||||||||||||||||||||||||||
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cryptology also called "the study of code". It includes both, cryptography and cryptoanalysis | |||||||||||||||||||||||||||||||||||
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François Duvalier b. April 14, 1907, Port-au-Prince, Haiti d. April 21, 1971, Port-au-Prince By name PAPA DOC, president of Haiti whose 14-year regime was of unprecedented duration in that country. A supporter of President Dumarsais Estimé, Duvalier was appointed director general of the National Public Health Service in 1946. He was appointed underminister of labour in 1948 and the following year became minister of public health and labour, a post that he retained until May 10, 1950, when President Estimé was overthrown by a military junta under Paul E. Magloire, who was subsequently elected president. By 1954 he had become the central opposition figure and went underground. Duvalier was elected president in September 1957. Setting about to consolidate his power, he reduced the size of the army and organized the Tontons Macoutes ("Bogeymen"), a private force responsible for terrorizing and assassinating alleged foes of the regime. Late in 1963 Duvalier moved further toward an absolutist regime, promoting a cult of his person as the semi divine embodiment of the Haitian nation. In April 1964 he was declared president for life. Although diplomatically almost completely isolated, excommunicated by the Vatican until 1966 for harassing the clergy, and threatened by conspiracies against him, Duvalier was able to stay in power longer than any of his predecessors. | |||||||||||||||||||||||||||||||||||
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The Internet Engineering Task Force The Internet Engineering Task Force contributes to the evolution of the architecture, the protocols and technologies of the Net by developing new Internet standard specifications. The directors of its functional areas form the Internet Society: | |||||||||||||||||||||||||||||||||||
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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 | |||||||||||||||||||||||||||||||||||
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Proprietary Network Proprietary networks are computer networks with standards different to the ones proposed by the | |||||||||||||||||||||||||||||||||||
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Gaius Julius Caesar Gaius Julius Caesar (100-44 BC) was a Roman Statesman who came to power through a military career and by buying of votes. His army won the civil war, run over Spain, Sicily and Egypt, where he made Cleopatra a Queen. For reaching even more power he increased the number of senators. But he also organized social measures to improve the people's food-situation. In February 44 BC he did not accept the kingship offered by Marc Anthony, which made him even more popular. One month later he was murdered during a senate sitting. | |||||||||||||||||||||||||||||||||||
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News Corporation The News Corporation Ltd., a global media holding company, which governed News Limited (Australia), News International (U.K.), and News America Holdings Inc. (U.S.) was founded by the Australian-born newspaper publisher and media entrepreneur, Rupert Murdoch. Murdoch's corporate interests center on newspaper, magazine, book, and electronic publishing; television broadcasting; and film and video production, principally in the United States, the United Kingdom, and Australia. | |||||||||||||||||||||||||||||||||||
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Oscar Wilde Oscar Flingal O'Flahertie Wills (1854-1900) is one of the best and most famous poets and novelists of England of his time. His satirical and amusing texts exposed the false moral of the Bourgeoisie publicly. Besides, his life as a dandy made him the leader of aesthetics in England, until he was sent to prison because of homosexuality. Afterwards he lived in Paris where he died lonely and nearly forgotten in a hotel in 1900. His poems, fairy tales, novels and dramas survived. | |||||||||||||||||||||||||||||||||||
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Seneca Lucius Annaeus Seneca (~4 BC - 65 AD), originally coming from Spain, was a Roman philosopher, statesman, orator and playwright with a lot of influence on the Roman cultural life of his days. Involved into politics, his pupil | |||||||||||||||||||||||||||||||||||
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Cisco, Inc. Being the worldwide leader in networking for the Internet, Cisco Systems is one of the most prominent companies of the Internet industry. http://www.cisco.com | |||||||||||||||||||||||||||||||||||
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Augustus Gaius Julius Caesar Octavian Augustus (63 BC - 14 AD) was adopted by | |||||||||||||||||||||||||||||||||||
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Clipper Chip The Clipper Chip is a cryptographic device proposed by the U.S. government that purportedly intended to protect private communications while at the same time permitting government agents to obtain the "keys" upon presentation of what has been vaguely characterized as "legal authorization." The "keys" are held by two government "escrow agents" and would enable the government to access the encrypted private communication. While Clipper would be used to encrypt voice transmissions, a similar chip known as Capstone would be used to encrypt data. The underlying cryptographic algorithm, known as Skipjack, was developed by the National Security Agency (NSA). | |||||||||||||||||||||||||||||||||||
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RIPE The RIPE Network Coordination Centre (RIPE NCC) is one of three Regional Internet Registries (RIR), which exist in the world today, providing allocation and registration services which support the operation of the Internet globally, mainly the allocation of http://www.ripe.net | |||||||||||||||||||||||||||||||||||
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Terrestrial antennas Microwave transmission systems based on terrestrial antennas are similar to satellite transmission system. Providing reliable high-speed access, they are used for cellular phone networks. The implementation of the | |||||||||||||||||||||||||||||||||||
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Braille Universally accepted system of writing used by and for blind persons and consisting of a code of 63 characters, each made up of one to six raised dots arranged in a six-position matrix or cell. These Braille characters are embossed in lines on paper and read by passing the fingers lightly over the manuscript. Louis Braille, who was blinded at the age of three, invented the system in 1824 while a student at the Institution Nationale des Jeunes Aveugles (National Institute for Blind Children), Paris. | |||||||||||||||||||||||||||||||||||
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New World Order | |||||||||||||||||||||||||||||||||||
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