Commercial vs. Independent Content: Power and Scope

Regarding the dimension of their financial and human resources commercial media companies are at any rate much more powerful players than their independent counterparts. Still those reply with an extreme multiplicity and diversity. Today thousands of newsgroups, mailing-list and e-zines covering a wide range of issues from the environment to politics, social and human rights, culture, art and democracy are run by alternative groups.

Moreover independent content provider have started to use digital media for communication, information and co-ordination long before they were discovered by corporate interest. They regularly use the Internet and other networks to further public discourse and put up civic resistance. And in many cases are very successful with their work, as initiatives like widerst@ndMUND's (AT) co-ordination of the critics of the participation of the Freedom Party in the Austrian government via mailing-lists, an online-magazine and discussion forums, show.

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Recent "Digital Copyright" Legislation: European Union

Directive on Copyright and Related Rights in the Information Society

In November 1996 the European Commission adopted a communication concerning the follow-up to the Green Paper on copyright and related rights in the information society. The proposed Directive aims at transposing into Community law the main international obligations arising from the two treaties on copyright and related rights adopted within the framework of the WIPO in December 1996 (WIPO Performances and Phonogram Treaty and WIPO Copyright Treaty). It applies to provisions relating to:

- the legal protection of computer programs

- rental right, lending right and certain rights related to copyright in the field of intellectual property

- copyright and related rights applicable to broadcasting of programs by satellite and cable retransmission

- the term of protection of copyright and certain related rights

- the legal protection of databases

The proposal was first presented by the Commission in January 1998, amended in May 1999 and currently is at second reading before the Parliament. Final adoption of the Directive could take place at the end of 2000 or the beginning of 2001 respectively.

A full-text version for download (pdf file) of the amended proposal for a Directive on copyright and related rights in the Information Society is available on the website of the European Commission (DG Internal Market): http://www.europa.eu.int/comm/internal_market/en/intprop/intprop/docs/index.htm

General critique concerning the proposed EU Directive includes:

- Open networks
The new law could require (technological) surveillance of communications to ensure enforcement. Also because Service Providers might be legally liable for transmitting unauthorized copies, the might in turn have to deny access to anybody who could not provide them with financial guaranties or insurance.

- Interoperable systems
The draft could negate the already established right in EU law for software firms to make their systems interoperable with the dominant copyright protected systems. This would be a threat to the democratic and economic rights of users.

- Publicly available information
It is yet unclear whether new legal protections against the bypassing of conditional access technology apply only for content with an exclusive right. If the content is already in the public domain, then there can be no possible violation of copyright law just from gaining access to it.

Comments from the library, archives and documentation community on the amended Directive embrace:

The Library Association
http://www.la-hq.org.uk/directory/prof_issues/dcrris2.html

EBLIDA (European Bureau of Library, Information and Documentation Associations)
http://www.eblida.org/lobby/position/ampos2fi.htm

Society of Archivists (U.K.) and Public Record Office (U.K.)
http://www.pro.gov.uk/about/copyright/copyrightdraft.htm

EFPICC (European Fair Practices In Copyright Campaign) http://www.eblida.org/efpicc/comments.htm

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Media Giants Online

The following selection does not claim to present an exhaustive listing, but rather picks some of the company's most important assets. Due to the rapid developments in the world of media giants the list is also subject to changes.

Broadcasting

ABC TV Network with 223 affiliated TV stations covering the entire U.S.

ABC Radio Network, with 2,900 affiliated stations throughout the U.S.

Owner of 9 VHF TV stations

Owner of 11 AM and 10 FM stations

Cable TV Systems and Channels/Networks

Disney Channel

80 % of ESPN cable TV channel and ESPN International

50 % of Lifetime cable TV channel

Internet/Interactive

Disney Interactive - entertainment and educational computer software and video games, plus development of content for on-line services.

Partnership with 3 phone companies to provide video programming and interactive services.

ABC Online

TV Production, Movies, Video, Music

Disney Television Production studios and Walt Disney Pictures movie studio

Buena Vista Television production company

Buena Vista Home Video

Miramax and Touchstone movie production companies

Buena Vista Pictures Distribution and Buena Vista International, distributors for Disney and Touchstone movies

Walt Disney Records, and Hollywood Records

Publishing

6 daily newspapers

About 40 weekly magazines, including: Discover, Women's Wear Daily, Los Angeles and Institutional Investor.

Chilton Publications

Guilford Publishing Co.

Hitchcock Publishing Co.

Theme Parks, Resorts, and Travel

Disneyland

Disney World and Disney World Resort

Part owner of Disneyland-Paris and Tokyo Disneyland

12 resort hotels

Disney Vacation Club

Cruise Lines

International TV, Film, and Broadcasting

50 % owner of Tele-München Fernseh GmbH & Co.

50 % owner of RTL Disney Fernseh GmbH & Co.

23 % owner of RTL 2 Fernseh GmbH & Co.

37,5 % owner of TM3 Fernseh GmbH & Co.

20-33 % stake in Eurosport network, Spanish Tesauro SA TV company, and Scandinavian Broadcasting System SA

20 % owner of TVA

Other

Over 500 Disney Stores, and licensing of Disney products

The Mighty Ducks professional hockey team

25 % ownership of California Angels major league baseball team

Business Connections with Other Media Companies

Joint ventures, equity interests, or major arrangements with Bertelsmann, TCI, Hearst Corp., Kirch, and various other media and telephone companies.

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Governmental Regulations

The new U.S. regulations are based on the Wassenaar Arrangement Revision of 1998, where exports without license of 56 bit DES and similar products are allowed after a technical review, just like encryption commodities and software with key lengths of 64-bits or less which meet the mass market requirements.
For more information see:
http://www.wassenaar.org/

Seven states stay excluded from the new freedom. These are states like Libya, Iraq, Iran, North Korea and Cuba, altogether states seen as terrorist supporting. No encryption tools may be exported into those countries.

This is, what happened in the USA, whereas in Germany the issue of a cryptography-law is still on the agenda. Until now, in Germany, everyone can decide by her-/himself, whether she/he wants to encrypt electronic messages or not. Some organizations fear that this could get changed soon. Therefore an urgent action was organized in February 2000 to demonstrate the government that people want the freedom to decide on their own. One governmental argument is that only very few people actually use cryptography. Therefore the urgent action is organized as a campaign for using it more frequently.

For more information on this see:
http://www.heise.de/ct/97/04/032/
http://www.fitug.de/ulf/krypto/verbot.html#welt

Other European countries have more liberate laws on cryptography, like France. Austria doesn't have any restrictions at all, probably because of a governmental lack of interest more than accepting freedom.
The (former) restrictions in the bigger countries influenced and hindered developments for safer key-systems, e.g. the key-length was held down extraordinarily.

"Due to the suspicious nature of crypto users I have a feeling DES will be with us forever, we will just keep adding keys and cycles (...). There is a parallel between designing electronic commerce infrastructure today that uses weak cryptography (i.e. 40 or 56 bit keys) and, say, designing air traffic control systems in the '60s using two digit year fields. (...) Just because you can retire before it all blows up doesn't make it any less irresponsible."
(Arnold G. Reinhold)


The Chinese State Encryption Management Commission (SEMC) announced in March 2000 that only strong encryption tools will have to be registered in the future. Which sounds so nice on first sight, does not mean a lot in reality: any kind of useful encryption technique, like the PGP, stay under governmental control.

The restrictions and prohibitions for cryptography are part of the states' wish to acquire more control - in the name of the battle against criminality, probably?
Due to the emerging organized criminality the governments want to obtain more freedom of control over citizens. Organizations like the NSA appear as the leaders of such demands.
What about civil rights or Human Rights?

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Basics: Rights Recognized

Copyright protection generally means that certain uses of a work are lawful only if they are done with the authorization of the owner of the copyright. The most typical are the following:

- copying or reproducing a work
- performing a work in public
- making a sound recording of a work
- making a motion picture of a work
- broadcasting a work
- translating a work
- adapting a work

Under certain national laws, some of these rights, which are referred to, as "economic rights'" are not exclusive rights of authorization but in specific cases, merely rights to remuneration. Some strictly determined uses (for example quotations or the use of works by way of illustration for teaching) are completely free, that is, they require neither authorization of, nor remuneration for, the owner of the copyright. This practice is described as fair use.

In addition to economic rights, authors enjoy "moral rights" on the basis of which they have the right to claim their authorship and require that their names be indicated on the copies of the work and in connection with other uses thereof. They also have the right to oppose the mutilation or deformation of their creations.

The owner of a copyright may usually transfer his right or may license certain uses of his work. Moral rights are generally inalienable and remain with the creator even after he has transferred his economic rights, although the author may waive their exercise.

Furthermore there exist rights related to copyright that are referred to as "neighboring rights". In general there are three kinds of neighboring rights: 1) the rights of performing artists in their performances, 2) the rights of producers of phonograms in their phonograms, and 3) the rights of broadcasting organizations in their radio and television programs. Neighboring rights attempt to protect those who assist intellectual creators to communicate their message and to disseminate their works to the public at large.

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WIPO

The World Intellectual Property Organization is one of the specialized agencies of the United Nations (UN), which was designed to promote the worldwide protection of both industrial property (inventions, trademarks, and designs) and copyrighted materials (literary, musical, photographic, and other artistic works). It was established by a convention signed in Stockholm in 1967 and came into force in 1970. The aims of WIPO are threefold. Through international cooperation, WIPO promotes the protection of intellectual property. Secondly, the organization supervises administrative cooperation between the Paris, Berne, and other intellectual unions regarding agreements on trademarks, patents, and the protection of artistic and literary work and thirdly through its registration activities the WIPO provides direct services to applicants for, or owners of, industrial property rights.

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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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Newsgroups

Newsgroups are on-line discussion groups on the Usenet. Over 20,000 newsgroups exist, organized by subject into hierarchies. Each subject hierarchy is further broken down into subcategories. Covering an incredible wide area of interests and used intensively every day, they are an important part of the Internet.

For more information, click here ( http://www.terena.nl/libr/gnrt/group/usenet.html ).

http://www.terena.nl/libr/gnrt/group/usenet.h...
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Cookie

A cookie is an information package assigned to a client program (mostly a Web browser) by a server. The cookie is saved on your hard disk and is sent back each time this server is accessed. The cookie can contain various information: preferences for site access, identifying authorized users, or tracking visits.

In online advertising, cookies serve the purpose of changing advertising banners between visits, or identifying a particular direct marketing strategy based on a user's preferences and responses.

Advertising banners can be permanently eliminated from the screen by filtering software as offered by Naviscope or Webwash

Cookies are usually stored in a separate file of the browser, and can be erased or permanently deactivated, although many web sites require cookies to be active.

http://www.naviscope.com/
http://www.webwash.com/
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Neighboring rights

Copyright laws generally provide for three kinds of neighboring rights: 1) the rights of performing artists in their performances, 2) the rights of producers of phonograms in their phonograms, and 3) the rights of broadcasting organizations in their radio and television programs. Neighboring rights attempt to protect those who assist intellectual creators to communicate their message and to disseminate their works to the public at large.

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