History: "Indigenous Tradition"

In preliterate societies the association of rhythmic or repetitively patterned utterances with supernatural knowledge endures well into historic times. Knowledge is passed from one generation to another. Similar as in the Southern tradition intellectual property rights are rooted in a concept of 'collective' or 'communal' intellectual property existing in perpetuity and not limited to the life of an individual creator plus some number of years after his or her death. Often rights are exercised by only one individual in each generation, often through matrilineal descent.


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History: Communist Tradition

Following the communist revolutions of the 20th century all "means of production" became the property of the state as representative of "the masses". Private property ceased to exist. While moral rights of the creator were recognized and economic rights acknowledged with a one-time cash award, all subsequent rights reverted to the state.

With the transformation of many communist countries to a market system most of them have now introduced laws establishing markets in intellectual property rights. Still the high rate of piracy reflects a certain lack of legal tradition.

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World War II ...

Never before propaganda had been as important as in the 2nd World War. From now on education was one more field of propaganda: its purpose was to teach how to think, while pure propaganda was supposed to show what to think.
Every nation founded at least one ministry of propaganda - of course without calling it that way. For example the British called it the Ministry of Information (= MOI), the U.S. distinguished between the Office of Strategic Services (= OSS) and the Office of War Information (= OWI), the Germans created a Ministry of Propaganda and Public Enlightenment (= RMVP) and the Japanese called their disinformation and propaganda campaign the "Thought War".
British censorship was so strict that the text of an ordinary propaganda leaflet, that had been dropped from planes several million times, was not given to a journalist who asked for it.

Atrocity stories were no longer used the same way as in the 1st World War. Instead, black propaganda was preferred, especially to separate the Germans from their leaders.
German war propaganda had started long before the war. In the middle of the 1930s Leni Riefenstahl filmed Hitler best propaganda movies. For the most famous one, "Triumph of the Will" (1935), she was the only professional filmier who was allowed to make close-up pictures of her admirer.

Some of the pictures of fear, hatred and intolerance still exist in people's heads. Considering this propaganda did a good job, unfortunately it was the anti-national-socialist propaganda that failed at that time.

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Democracy


How is democracy concerned with propaganda and disinformation?
"Democratic governments must tolerate a free press, regardless of criticism. It is a measure of their democracy." (Taylor, Munitions of the Mind, p. 147)
Disinformation is not at all the contrary of democracy.
The idea that democracy means a system to disclose disinformation or even to be the opposite of disinformation, is itself a disinforming message, because democracies themselves frequently use that tool, if it serves their purposes, like in war, economy and elections.
No (contemporary) political/ideological system is safe from propaganda and disinformation. All of them are using them if it seems necessary and appropriate. Democracy, always pretending to be the most liberal and most human system, is no exception.

For Military disinformation/propaganda see:
http://www.globalissues.org/Geopolitics/ArmsTrade/ArmsPropaganda.asp

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Challenges for Copyright by ICT: Digital Content Providers

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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Fair use

Certain acts normally restricted by copyright may, in circumstances specified in the law, be done without the authorization of the copyright owner. Fair use may therefore be described as the privilege to use copyrighted material in a reasonable manner without the owner's consent and allows the reproduction and use of a work for limited purposes such as criticism, comment, news reporting, teaching, and research. To determine whether a use is fair or not most copyright laws consider: 1) purpose and character of the use, 2) nature of the copyrighted work, 3) amount and substantiality of the portion used, and 4) effect of the use on the potential market. Examples of activities that may be excused as fair use include: providing a quotation in a book review; distributing copies of a section of an article in class for educational purposes; and imitating a work for the purpose of parody or social commentary.

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Black Propaganda

Black propaganda does not tell its source. The recipient cannot find out the correct source. Rather would it be possible to get a wrong idea about the sender. It is very helpful for separating two allies.

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DMCA

The DMCA (Digital Millennium Copyright Act) was signed into law by U.S. President Clinton in 1998 and implements the two 1996 WIPO treaties (WIPO Performances and Phonograms Treaty and WIPO Copyright Treaty). Besides other issues the DMCA addresses the influence of new technologies on traditional copyright. Of special interest in the context of the digitalization of intellectual property are the titles no. 2, which refers to the limitation on the liability of online service providers for copyright infringement (when certain conditions are met), no. 3, that creates an exemption for making a copy of a computer program in case of maintenance and repair, and no. 4 which is concerned with the status of libraries and webcasting. The DCMA has been widely criticized for giving copyright-holders even more power and damage the rights and freedom of consumers, technological innovation, and the free market for information.

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Philip M. Taylor

Munitions of the Mind. A history of propaganda from the ancient world to the present era. Manchester 1995 (2nd ed.)
This book gives a quite detailed insight on the tools and tasks of propaganda in European and /or Western history. Starting with ancient times the author goes up till the Gulf War and the meaning of propaganda today. In all those different eras propaganda was transporting similar messages, even when technical possibilities had not been fairly as widespread as today. Taylor's book is leading the reader through those different periods, trying to show the typical elements of each one.

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Leni Riefenstahl

Leni Riefenstahl (* 1902) began her career as a dancer and actress. Parallel she learnt how to work with a camera, turning out to be one of the most talented directors and cutters of her time - and one of the only female ones. Adolf Hitler appointed her the top film executive of the Nazi Party. Her two most famous works were done in that period, Triumph of the Will (1935) and the two films about the Olympic Games in Berlin in 1936. Later, when she tried to get rid of her image as a NAZI-movie maker, she worked as a photographer in Africa, making pictures of indigenous people and under-water landscape.

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Framing

Framing is the practice of creating a frame or window within a web page where the content of a different web page can be display. Usually when a link is clicked on, the new web page is presented with the reminders of the originating page.

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