some essential definitions

some essential definitions in the field of cryptography are:
- cryptoanalysis
- cryptology
- ciphers

"Few false ideas have more firmly gripped the minds of so many intelligent men than the one that, if they just tried, they could invent a cipher that no one could break." (David Kahn)

codes
plaintext
ciphertext
to encipher/encode
to decipher/decode

The variants of encryption systems are endless.
For deciphering there exists always the same game of trial and error (first guessing the encryption method, then the code). A help to do so is pruning. Once, after a more or less long or short period a code/cipher breaks. Monoalphabetic ciphers can be broken easily and of course are no longer used today but for games.

for further information on codes and ciphers etc. see:
http://www.optonline.com/comptons/ceo/01004A.html
http://www.ridex.co.uk/cryptology/#_Toc439908851

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The Concept of the Public Sphere

According to social critic and philosopher Jürgen Habermas "public sphere" first of all means "... a domain of our social life in which such a thing as public opinion can be formed. Access to the public sphere is open in principle to all citizens. A portion of the public sphere is constituted in every conversation in which private persons come together to form a public. They are then acting neither as business or professional people conducting their private affairs, nor as legal consociates subject to the legal regulations of a state bureaucracy and obligated to obedience. Citizens act as a public when they deal with matters of general interest without being subject to coercion; thus with the guarantee that they may assemble and unite freely, and express and publicize their opinions freely."

The system of the public sphere is extremely complex, consisting of spatial and communicational publics of different sizes, which can overlap, exclude and cover, but also mutually influence each other. Public sphere is not something that just happens, but also produced through social norms and rules, and channeled via the construction of spaces and the media. In the ideal situation the public sphere is transparent and accessible for all citizens, issues and opinions. For democratic societies the public sphere constitutes an extremely important element within the process of public opinion formation.

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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, information residing on systems or networks of ISPs at the directions of users and transitory communication.

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 DMCA or the proposed EU Directive on copyright and related rights in the information society (amended version) have provided exceptions for ISPs concerning particular acts of reproduction that are considered technical copies (caching). Nevertheless the exemption of liability for ISPs only applies if they meet a variety of specific conditions. In the course of the debate about caching also suggestions have been made to subject it to an implied license or fair use defense or make it (at least theoretically) actionable.

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 (intellectual property) related problems of ISPs (BBSs (Bulletin Board Service Operators), systems operators and other service providers) see:

Harrington, Mark E.: On-line Copyright Infringement Liability for Internet Service Providers: Context, Cases & Recently Enacted Legislation. In: Intellectual Property and Technology Forum. June 4, 1999.

Teran, G.: Who is Vulnerable to Suit? ISP Liability for Copyright Infringement. November 2, 1999.

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Memex Animation by Ian Adelman and Paul Kahn


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Jürgen Habermas

Jürgen Habermas (b. 1929) is the leading scholar of the second generation of the Frankfurt School, a group of philosophers, cultural critics and social scientists associated with the Institute for Social Research, founded in Frankfurt in 1929. The Frankfurt School is best known for its program of developing a "critical theory of society". Habermas was a student of Adorno, becoming his assistant in 1956. He first taught philosophy at Heidelberg before becoming a professor of philosophy and sociology at the University of Frankfurt. In 1972, he moved to the Max-Planck Institute in Starnberg, but in the mid-1980s, he returned to his post at Frankfurt.

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Intellectual property

Intellectual property, very generally, relates to the output that result from intellectual activity in the industrial, scientific, literary and artistic fields. Traditionally intellectual property is divided into two branches: 1) industrial property (inventions, marks, industrial designs, unfair competition and geographical indications), and 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.

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