Challenges for Copyright by ICT: Introduction

Traditional copyright and the practice of paying royalties to the creators of intellectual property have emerged with the introduction of the printing press (1456). Therefore early copyright law has been tailored to the technology of print and the (re) production of works in analogue form. Over the centuries legislation concerning the protection of intellectual property has been adapted several times in order to respond to the technological changes in the production and distribution of information.

Yet again new technologies have altered the way of how (copyrighted) works are produced, copied, made obtainable and distributed. The emergence of global electronic networks and the increased availability of digitalized intellectual property confront existing copyright with a variety of questions and challenges. Although the combination of several types of works within one larger work or on one data carrier, and the digital format (although this may be a recent development it has been the object of detailed legal scrutiny), as well as networking (telephone and cable networks have been in use for a long time, although they do not permit interactivity) are nothing really new, the circumstance that recent technologies allow the presentation and storage of text, sound and visual information in digital form indeed is a novel fact. Like that the entire information can be generated, altered and used by and on one and the same device, irrespective of whether it is provided online or offline.


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0 - 1400 A.D.

150
A smoke signals network covers the Roman Empire

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 Aeneas Tacitus' optical communication system.

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
First European medieval university is established in Bologna.

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, http://quarles.unbc.edu/ideas/net/history/history.html

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1500 - 1700 A.D.

1588
Agostino Ramelli's reading wheel

Agostino Ramelli designed a "reading wheel", which allowed browsing through a large number of documents without moving from one spot to another.

The device presented a large number of books - a small library - laid open on lecterns on a kind of ferry-wheel. It allowed skipping chapters and browsing through pages by turning the wheel to bring lectern after lectern before the eyes. Ramelli's reading wheel thus linked ideas and texts and reminds of today's browsing software used to navigate the World Wide Web.

1597
The first newspaper is printed in Europe.

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Anonymity

"Freedom of anonymous speech is an essential component of free speech."

Ian Goldberg/David Wagner, TAZ Servers and the Rewebber Network: Enabling Anonymous Publishing on the World Wide Web, in: First Monday 3,4, 1999

Someone wants to hide one's identity, to remain anonymous, if s/he fears to be holding accountable for something, say, a publication, that is considered to be prohibited. Anonymous publishing has a long tradition in European history. Writers of erotic literature or pamphlets, e. g., preferred to use pseudonyms or publish anonymously. During the Enlightenment books as d'Alembert's and Diderot's famous Encyclopaedia were printed and distributed secretly. Today Book Locker, a company selling electronic books, renews this tradition by allowing to post writings anonymously, to publish without the threat of being perishing for it. Sometimes anonymity is a precondition for reporting human rights abuses. For example, investigative journalists and regime critics may rely on anonymity. But we do not have to look that far; even you might need or use anonymity sometimes, say, when you are a woman wanting to avoid sexual harassment in chat rooms.

The original design of the Net, as far as it is preserved, offers a relatively high degree of privacy, because due to the client-server model all what is known about you is a report of the machine from which information was, respectively is requested. But this design of the Net interferes with the wish of corporations to know you, even to know more about you than you want them to know. What is euphemistically called customer relationship management systems means the collection, compilation and analysis of personal information about you by others.

In 1997 America Online member Timothy McVeigh, a Navy employee, made his homosexuality publicly known in a short autobiographical sketch. Another Navy employee reading this sketch informed the Navy. America Online revealed McVeigh's identity to the Navy, who discharged McVeigh. As the consequence of a court ruling on that case, Timothy McVeigh was allowed to return to the Navy. Sometimes anonymity really matters.

On the Net you still have several possibilities to remain anonymous. You may visit web sites via an anonymizing service. You might use a Web mail account (given the personal information given to the web mail service provider is not true) or you might use an anonymous remailing service which strips off the headers of your mail to make it impossible to identify the sender and forward your message. Used in combination with encryption tools and technologies like FreeHaven or Publius anonymous messaging services provide a powerful tool for countering censorship.

In Germany, in 1515, printers had to swear not to print or distribute any publication bypassing the councilmen. Today repressive regimes, such as China and Burma, and democratic governments, such as the France and Great Britain, alike impose or already have imposed laws against anonymous publishing on the Net.

Anonymity might be used for abuses, that is true, but "the burden of proof rests with those who would seek to limit it. (Rob Kling, Ya-ching Lee, Al Teich, Mark S. Frankel, Assessing Anonymous Communication on the Internet: Policy Deliberations, in: The Information Society, 1999).

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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 intellectual property by permitting still easier copying, electronic sales and transmissions of illegally reproduced copyrighted works on a grand scale.

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 copy-protection security measures.

Lately the International Intellectual Property Alliance has published a new report on the estimated trade losses due to piracy. (The IIPA assumes that their report actually underestimates the loss of income due to the unlawful copying and distribution of copyrighted works. Yet it should be taken into consideration that the IIPA is the representative of the U.S. core copyright industries (business software, films, videos, music, sound recordings, books and journals, and interactive entertainment software).)

Table: IIPA 1998 - 1999 Estimated Trade Loss due to Copyright Piracy (in millions of US$)





Motion Pictures

Records & Music

Business Applications

Entertainment Software

Books





1999

1998

1999

1998

1999

1998

1999

1998

1999

1998

Total Losses

1323

1421

1684

1613

3211

3437

3020

2952

673

619



Total Losses (core copyright industries)

1999

1998

9910.0

10041.5




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Znet

ZNet provides forum facilities for online discussion and chatting on various topics ranging from culture and ecology to international relations and economics. ZNet also publishes daily commentaries and maintains a Web-zine, which addresses current news and events as well as many other topics, trying to be provocative, informative and inspiring to its readers.

Strategies and Policies

Daily Commentaries: Znet's commentaries address current news and events, cultural happenings, and organizing efforts, providing context, critique, vision, and analysis, but also references to or reviews of broader ideas, new books, activism, the Internet, and other topics that strike the diverse participating authors as worthy of attention.

Forum System: Znet provides a private (and soon also a public) forum system. The fora are among others concerned with topics such as: activism, cultural, community/race/religion/ethnicity, ecology, economics/class, gender/kinship/sexuality, government/polity, international relations, ParEcon, vision/strategy and popular culture. Each forum has a set of threaded discussions, also the fora hosted by commentary writers like Chomsky, Ehrenreich, Cagan, Peters and Wise.

ZNet Daily WebZine: ZNet Daily WebZine offers commentaries in web format.

Z Education Online (planned): The Z Education Online site will provide instructionals and courses of diverse types as well as other university-like, education-aimed features.

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Enforcement: Copyright Management and Control Technologies

With the increased ease of the reproduction and transmission of unauthorized copies of digital works over electronic networks concerns among the copyright holder community have arisen. They fear a further growth of copyright piracy and demand adequate protection of their works. A development, which started in the mid 1990s and considers the copyright owner's apprehensions, is the creation of copyright management systems. Technological protection for their works, the copyright industry argues, is necessary to prevent widespread infringement, thus giving them the incentive to make their works available online. In their view the ideal technology should be "capable of detecting, preventing, and counting a wide range of operations, including open, print, export, copying, modifying, excerpting, and so on." Additionally such systems could be used to maintain "records indicating which permissions have actually been granted and to whom".

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Timeline BC

~ 1900 BC: Egyptian writers use non-standard Hieroglyphs in inscriptions of a royal tomb; supposedly this is not the first but the first documented example of written cryptography

1500 an enciphered formula for the production of pottery is done in Mesopotamia

parts of the Hebrew writing of Jeremiah's words are written down in "atbash", which is nothing else than a reverse alphabet and one of the first famous methods of enciphering

4th century Aeneas Tacticus invents a form of beacons, by introducing a sort of water-clock

487 the Spartans introduce the so called "skytale" for sending short secret messages to and from the battle field

170 Polybius develops a system to convert letters into numerical characters, an invention called the Polybius Chequerboard.

50-60 Julius Caesar develops an enciphering method, later called the Caesar Cipher, shifting each letter of the alphabet an amount which is fixed before. Like atbash this is a monoalphabetic substitution.

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Virtual cartels; mergers

In parallel to the deregulation of markets, there has been a trend towards large-scale mergers which ridicules dreams of increased competition.

Recent mega-mergers and acquisitions include

SBC Communications - Ameritech, $ 72,3 bn

Bell Atlantic - GTE, $ 71,3

AT&T - Media One, $ 63,1

AOL - Time Warner, $ 165 bn

MCI Worldcom - Spring, $ 129 bn

The total value of all major mergers since the beginnings of the 1990s has been 20 trillion Dollars, 2,5 times the size of the USA's GIP.

The AOL- Time Warner reflects a trend which can be observed everywhere: the convergence of the ICT and the content industries. This represents the ultimate advance in complete market domination, and a alarming threat to independent content.

"Is TIME going to write something negative about AOL? Will AOL be able to offer anything other than CNN sources? Is the Net becoming as silly and unbearable as television?"

(Detlev Borchers, journalist)

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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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Theoedore Roosevelt

With the assassination of President McKinley, Theodore Roosevelt (1858-1919), not quite 43, became the youngest President in the Nation's history. Roosevelt's youth differed sharply from that of the log cabin Presidents. He was born in New York City in 1858 into a wealthy family. Roosevelt steered the United States more actively into world politics. He liked to quote a favorite proverb, "Speak softly and carry a big stick. . . . "

He won the Nobel Peace Prize for mediating the Russo-Japanese War.

for more information see the official website:

http://www.whitehouse.gov/WH/glimpse/presidents/html/tr26.html

http://www.whitehouse.gov/WH/glimpse/presiden...
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Bulletin Board Systems

A BBS (bulletin board system) is a computer that can be reached by computer modem dialing (you need to know the phone number) or, in some cases, by Telnet for the purpose of sharing or exchanging messages or other files. Some BBSs are devoted to specific interests; others offer a more general service. The definitive BBS List says that there are 40,000 BBSs worldwide.

Bulletin board systems originated and generally operate independently of the Internet.

Source: Whatis.com

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First Monday

An English language peer reviewed media studies journal based in Denmark.

http://firstmonday.dk

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Writing

Writing and calculating came into being at about the same time. The first pictographs carved into clay tablets are used for administrative purposes. As an instrument for the administrative bodies of early empires, who began to rely on the collection, storage, processing and transmission of data, the skill of writing was restricted to a few. Being more or less separated tasks, writing and calculating converge in today's computers.

Letters are invented so that we might be able to converse even with the absent, says Saint Augustine. The invention of writing made it possible to transmit and store information. No longer the ear predominates; face-to-face communication becomes more and more obsolete for administration and bureaucracy. Standardization and centralization become the constituents of high culture and vast empires as Sumer and China.

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William Frederick Friedman

Friedman is considered the father of U.S.-American cryptoanalysis - he also was the one to start using this term.

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Louis Braille

b. Jan. 4, 1809, Coupvray, near Paris, France
d. Jan. 6, 1852, Paris, France

Educator who developed a system of printing and writing that is extensively used by the blind and that was named for him. Himself blind Braille became interested in a system of writing, exhibited at the school by Charles Barbier, in which a message coded in dots was embossed on cardboard. When he was 15, he worked out an adaptation, written with a simple instrument, that met the needs of the sightless. He later took this system, which consists of a six-dot code in various combinations, and adapted it to musical notation. He published treatises on his type system in 1829 and 1837.

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Alexander Graham Bell

b., March 3, 1847, Edinburgh

d. Aug. 2, 1922, Beinn Bhreagh, Cape Breton Island, Nova Scotia, Canada

American audiologist and inventor wrongly remembered for having invented the telephone in 1876. Although Bell introduced the first commercial application of the telephone, in fact a German teacher called Reiss invented it.

For more detailed information see the Encyclopaedia Britannica: http://www.britannica.com/bcom/eb/article/1/0,5716,15411+1+15220,00.html

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User tracking

User tracking is a generic term that covers all the techniques of monitoring the movements of a user on a web site. User tracking has become an essential component in online commerce, where no personal contact to customers is established, leaving companies with the predicament of not knowing who they are talking to. Some companies, such as Red Eye, Cyber Dialogue, and SAS offer complete technology packages for user tracking and data analysis to online businesses. Technologies include software solutions such as e-mine, e-discovery, or WebHound

Whenever user tracking is performed without the explicit agreement of the user, or without laying open which data are collected and what is done with them, considerable privacy concerns have been raised.

http://www.redeye.co.uk/
http://www.cyberdialogue.com/
http://www.sas.com/
http://www.spss.com/emine/
http://www.sas.com/solutions/e-discovery/inde...
http://www.sas.com/products/webhound/index.ht...
http://www.linuxcare.com.au/mbp/meantime/
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Xerxes

Xerxes (~519-465 BC) was Persian King from 485-465 BC. He led his Army against the Greek but finally was defeated. He was the father of Alexander the Great.

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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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cryptology

also called "the study of code". It includes both, cryptography and cryptoanalysis

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