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Challenges for Copyright by ICT: Digital Content Providers |
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Providers of digital information might be confronted with copyright related problems when using some of the special features of hypertext media like  frames and hyperlinks (which both use third party content available on the Internet to enhance a webpage or CD ROM), or operate a search engine or online directory on their website.
Framing
Frames are often used to help define, and navigate within, a content provider's website. Still, when they are used to present (copyrighted) third party material from other sites issues of passing off and misleading or deceptive conduct, as well as copyright infringement, immediately arise.
Hyperlinking
It is generally held that the mere creation of a hyperlink does not, of itself, infringe copyright as usually the words indicating a link or the displayed URL are unlikely to be considered a "work". Nevertheless if a link is clicked on the users browser will download a full copy of the material at the linked address creating a copy in the RAM of his computer courtesy of the address supplied by the party that published the link. Although it is widely agreed that the permission to download material over the link must be part of an implied license granted by the person who has made the material available on the web in the first place, the scope of this implied license is still the subject of debate. Another option that has been discussed is to consider linking fair use.
Furthermore hyperlinks, and other "information location tools", like online directories or search engines could cause their operators trouble if they refer or link users to a site that contains infringing material. In this case it is yet unclear whether providers can be held liable for infringement.
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United Brands Company
American corporation formed in 1970 in the merger of United Fruit Company and AMK Corporation. United Fruit Company, the main company, was founded in 1899 producing and marketing bananas grown in the Caribbean islands, Central America, and Colombia. The principal founder was Minor C. Keith, who had begun to acquire banana plantations and to build a railroad in Costa Rica as early as 1872. In 1884 he contracted with the Costa Rican government to fund the national debt and to lay about 50 more miles of track. In return he received, for 99 years, full rights to these rail lines and 800,000 acres of virgin land, tax exempt for 20 years. By 1930 it had absorbed 20 rival firms and became the largest employer in Central America. As a foreign corporation of conspicuous size, United Fruit sometimes became the target of popular attacks. The Latin-American press often referred to it as el pulpo ("the octopus"), accusing it of exploiting labourers, bribing officials, and influencing governments during the period of Yankee "dollar diplomacy" in the first decades of the 20th century.
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