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Positions Towards the Future of Copyright in the "Digital Age" With the development of new transmission, distribution and publishing technologies and the increasing digitalization of information copyright has become the subject of vigorous debate. Among the variety of attitudes towards the future of traditional copyright protection two main tendencies can be identified: Eliminate Copyright Anti-copyrightists believe that any Enlarge Copyright Realizing the growing economic importance of intellectual property, especially the holders of copyright (in particular the big publishing, distribution and other | |||||||||||||||
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Basics: Acquisition of Copyright The laws of almost all countries provide that protection is independent of any formalities. Copyright protection then starts as soon as the work is created. | |||||||||||||||
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Databody economy and the surveillance state
The glamour of the data body economy clouds economic practices which are much less than glamorous. Through the seizure of the data body, practices that in the real political arena were common in the feudal age and in the early industrial age are being reconstructed. The data body economy digitally reconstructs exploitative practices such as slavery and wage labour. However, culturally the data body is still a very new phenomenon: mostly, people think if it does not hurt, it cannot be my body. Exploitation of data bodies is painless and fast. Nevertheless, this can be expected to change once the awareness of the political nature of the data body becomes more widespread. As more and more people routinely move in digitised environments, it is to be expected that more critical questions will be asked and claims to autonomy, at present restricted to some artistic and civil society groups trying to get heard amidst the deafening noise of the commercial ICT propaganda, will be articulated on a more general level. The more problematic aspect of this development may be something else: the practices of the data body economy, themselves a reconstruction of old techniques of seizure, have begun to re-colonise real political space. Simon Davis, Director of the London-based privacy campaigners The constant adaptation process required from the modern individual has anonymised and structuralized punishment, which now appears in the guise of error messages and the privatisation of risk. | |||||||||||||||
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Recent "Digital Copyright" Legislation: U.S. DMCA (Digital Millennium Copyright Act) The debates in the House and Senate preceding the signing into law of the DMCA by U.S. President Clinton in October 1998 indicated that the principal object of the Act is to promote the U.S. economy by establishing an efficient Internet marketplace in copyrighted works. The DMCA implements the two 1996 A full-text version of the DMCA is available from: The Library of Congress: Thomas (Legislative Information on the Internet): Moreover the U.S. Copyright Office provides a memorandum, which briefly summarizes each of the five titles of the DMCA (pdf format): The DMCA has been criticized for not clarifying the range of legal principles on the liability of ISPs and creating exceptions to only some of the provisions; therefore giving copyright owners even more rights. Among the variety of comments on the DMCA are: Lutzker, Arnold P.: Primer on the Digital Millennium: What the Digital Millennium Copyright Act and the Copyright Term Extension Act Mean for the Library Community. Lutzker & Lutzker law firm and the Association of Research Libraries: The Digital Millennium Copyright Act: Highlights of New Copyright Provision Establishing Limitation of Liability for Online Service Providers. | |||||||||||||||
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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 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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Edward L. Bernays Born 1891 in Vienna, Bernays was one of the founders of modern public relations. An enigmatic character, he was a master of mise en scène with far-reaching contacts in the world of business and politics. The nephew of Sigmund Freund and related with Heinrich Heine, he was also among the first to pursue PR for governments and to produce pseudo-events. Bernays considered the manipulation of public opinion as an important element of mass democracies and was of the opinion that only through PR a society's order can be kept. | |||||||||||||||
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Enigma Machine The Enigma Encryption Machine was famous for its insecurities as for the security that it gave to German ciphers. It was broken, first by the Poles in the 1930s, then by the British in World War II. | |||||||||||||||
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General Motors American corporation that was the world's largest automotive manufacturer and perhaps the largest industrial corporation throughout most of the 20th century. It was founded in 1908 to consolidate several motorcar companies and today operates manufacturing and assembly plants and distribution centers throughout the United States and Canada and many other countries. Its major products include automobiles and trucks, a wide range of automotive components, engines, and defense and aerospace material. In 1996 it sold Electronic Data Systems, and in 1997 it sold the defense units of its Hughes Electronics subsidiary to the Raytheon Company, thus leaving the computer-services and defense-aerospace fields in order to concentrate on its automotive businesses. The company's headquarters are in Detroit, Michigan. | |||||||||||||||
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Friedrich Kittler, The History of Communication Media In this essay, Friedrich Kittler, one of the world's leading media theorists and media historicist, offers a concise and fascinating history of communication technologies in general terms from its beginnings up to now, provoking new insights by showing interesting interdependencies. http://www.ctheory.com/ga1.14.html | |||||||||||||||
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French laws against anonymity on the Net Since the end of June in France anonymous publishing - on the World Wide Web, in newsgroups, mailing lists or chat rooms - is prohibited. The use of pseudonyms, so popular in chat rooms, e.g., is not restricted, but the true identities of those who "publish" on the Net must be known to the users' Internet service and Internet content providers. Additionally, Internet providers are obliged to point out the possibility of blocking access to material to their customers and to offer them appropriate technology for blocking access. Loi sur la communication audiovisuelle, http://www.legalis.net/jnet/2000/loi-audio/projetloi-fin.htm Source: Florian Rötzer, Frankreich hat mit der Anonymität im internet Schluss gemacht, in: | |||||||||||||||
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