AOL Time Warner

The largest media conglomerate in the world, Time Warner resulted from the merger of the publisher Time Inc. and the media company Turner Broadcasting Systems, Inc. in 1996. Time Inc. founded in 1922 primarily concentrated on magazines and books and in the 1950s moved into the broadcasting and entertainment industry, but in the 1970s announced that it was selling its broadcasting holdings and concentrating on cable television. In 1989 Time Inc. merged with Warner Communications Inc., which besides being a major motion-picture and television studio, was also one of the biggest U.S. music recordings producers and cable-television operators.

In January 2000 Time Warner merged with AOL (America Online) in a US$ 243.3 billion deal. Although AOL so far generated far less profit and turnover than Time Warner its quotation on the stock exchange was clearly higher, making Time Warner the junior partner (45 percent) in the new company. Through its merger with AOL, which is a major player in the online-business and owns several Internet-services like Compuserve, Netscape and Netcenter, the new media conglomerate could significantly enlarge its online presence and also complement its traditional media activities.

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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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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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Cryptography's Terms and background

"All nature is merely a cipher and a secret writing."
Blaise de Vigenère

In the (dis-)information age getting information but at the same time excluding others from it is part of a power-game (keeping the other uneducated). The reason for it eventually has found an argument called security.
Compared to the frequency of its presence in articles, the news and political speeches security seems to be one of the most popular words of the 90's. It must be a long time ago when that word was only used for and by the military and the police. Today one can find it as part of every political issue. Even development assistance and nutrition programs consider it part of its work.
The so-called but also real need for information security is widespread and concerning everybody, whether someone uses information technology or not. In any case information about individuals is moving globally; mostly sensitive information like about bank records, insurance and medical data, credit card transactions, and much much more. Any kind of personal or business communication, including telephone conversations, fax messages, and of course e-mail is concerned. Not to forget further financial transactions and business information. Almost every aspect of modern life is affected.
We want to communicate with everybody - but do not want anybody to know.

Whereas the market already depends on the electronic flow of information and the digital tools get faster and more sophisticated all the time, the rise of privacy and security concerns have to be stated as well.
With the increase of digital communication its vulnerability is increasing just as fast. And there exist two (or three) elements competing and giving the term digital security a rather drastic bitter taste: this is on the one hand the growing possibility for criminals to use modern technology not only to hide their source and work secretly but also to manipulate financial and other transfers. On the other hand there are the governments of many states telling the population that they need access to any kind of data to keep control against those criminals. And finally there are those people, living between enlightening security gaps and at the same time harming other private people's actions with their work: computer hackers.
While the potential of global information is regarded as endless, it is those elements that reduce it.

There is no definite solution, but at least some tools have been developed to improve the situation: cryptography, the freedom to encode those data that one does not want to be known by everybody, and give a possibility to decode them to those who shall know the data.

During the last 80 years cryptography has changed from a mere political into a private, economic but still political tool: at the same time it was necessary to improve the tools, eventually based on mathematics. Hence generally cryptography is regarded as something very complicated. And in many ways this is true as the modern ways of enciphering are all about mathematics.

"Crypto is not mathematics, but crypto can be highly mathematical, crypto can use mathematics, but good crypto can be done without a great reliance on complex mathematics." (W.T. Shaw)

For an introduction into cryptography and the mathematical tasks see:
http://www.sbox.tu-graz.ac.at/home/j/jonny/projects/crypto/index.htm
http://www.ccc.de/CCC-CA/policy.html

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Centralization of the Content Industry

Following the 1980s a sweeping restructuring of commercial media power has happened. While some firms have grown through expansion others extended through mergers and acquisitions. Examples are Time & Warner & Turner & AOL; Viacom & Paramount & Blockbusters or News Corp. & Triangle & 20th Century Fox & Metromedia TV.

In recent years those developments have led to the rise of transnational media giants, resulting in the domination of the global media system by about ten huge conglomerates. These have interests in numerous media industries, ranging from film production, magazines, newspapers, book publishing and recorded music to TV and radio channels and networks, but also include retail stores, amusement parks and digital media products.

Behind these firms are about three or four dozen smaller media companies, which primarily engage in local, national or niche markets. In short, the overwhelming majority of the world's content production facilities and distribution channels lies in the hands of approximately fifty enterprises.

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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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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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Legal Protection: European Union

Within the EU's goal of establishing a European single market also intellectual property rights are of significance. Therefore the European Commission aims at the harmonization of the respective national laws of the EU member states and for a generally more effective protection of intellectual property on an international level. Over the years it has adopted a variety of Conventions and Directives concerned with different aspects of the protection of industrial property as well as copyright and neighboring rights.

An overview of EU activities relating to intellectual property protection is available on the website of the European Commission (DG Internal Market): http://www.europa.eu.int/comm/internal_market/en/intprop/intprop/index.htm

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1996 WIPO Copyright Treaty (WCT)

The 1996 WIPO Copyright Treaty, which focused on taking steps to protect copyright "in the digital age" among other provisions 1) makes clear that computer programs are protected as literary works, 2) the contracting parties must protect databases that constitute intellectual creations, 3) affords authors with the new right of making their works "available to the public", 4) gives authors the exclusive right to authorize "any communication to the public of their works, by wire or wireless means ... in such a way that members of the public may access these works from a place and at a time individually chosen by them." and 5) requires the contracting states to protect anti-copying technology and copyright management information that is embedded in any work covered by the treaty. The WCT is available on: http://www.wipo.int/documents/en/diplconf/distrib/94dc.htm



http://www.wipo.int/documents/en/diplconf/dis...
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Bertelsmann

The firm began in Germany in 1835, when Carl Bertelsmann founded a religious print shop and publishing establishment in the Westphalian town of Gütersloh. The house remained family-owned and grew steadily for the next century, gradually adding literature, popular fiction, and theology to its title list. Bertelsmann was shut down by the Nazis in 1943, and its physical plant was virtually destroyed by Allied bombing in 1945. The quick growth of the Bertelsmann empire after World War II was fueled by the establishment of global networks of book clubs (from 1950) and music circles (1958). By 1998 Bertelsmann AG comprised more than 300 companies concentrated on various aspects of media. During fiscal year 1997-98, Bertelsmann earned more than US$15 billion in revenue and employed 58.000 people, of whom 24.000 worked in Germany.

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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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Time Warner

The largest media and entertainment conglomerate in the world. The corporation resulted from the merger of the publisher Time Inc. and the media conglomerate Warner Communications Inc. in 1989. It acquired the Turner Broadcasting System, Inc. (TBS) in 1996. Time Warner Inc.'s products encompass magazines, hardcover books, comic books, recorded music, motion pictures, and broadcast and cable television programming and distribution. The company's headquarters are in New York City. In January 2000 Time Warner merged with AOL (America Online), which owns several online-services like Compuserve, Netscape and Netcenter in a US$ 243,3 billion deal.

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Economic rights

The economic rights (besides moral rights and in some cases also neighboring rights) granted to the owners of copyright usually include 1) copying or reproducing a work, 2) performing a work in public, 3) making a sound recording of a work, 4) making a motion picture of a work, 5) broadcasting a work, 6) translating a work and 7) adapting a work. Under certain national laws some of these rights are not exclusive rights of authorization but in specific cases, merely rights to remuneration.

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Industrial design

Industrial design refers to the ornamental aspect of a useful article which may constitute of two or three-dimensional elements. To be qualified for intellectual property protection the design must be novel or original. Protection can be obtained through registration in a government office and usually is given for 10 to 15 years.

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Critical Art Ensemble

Critical Art Ensemble is a collective of five artists of various specializations dedicated to exploring the intersections between art, technology, radical politics, and critical theory. CAE have published a number of books and carried out innovative art projects containing insightful and ironic theoretical contributions to media art. Projects include Addictionmania, Useless Technology, The Therapeutic State, Diseases of Consciousness, Machineworld, As Above So Below, and Flesh Machine.

http://www.critical-art.net

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