White Propaganda
White propaganda does not hide its source. The BBC used it frequently in World War II. Its contrary is the black propaganda that was already commonly used in ancient Rome.
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Legal Protection: TRIPS (Trade-Related Aspects of Intellectual Property Rights)
Another important multilateral treaty concerned with intellectual property rights is the TRIPS agreement, which was devised at the inauguration of the Uruguay Round negotiations of the WTO in January 1995. It sets minimum standards for the national protection of intellectual property rights and procedures as well as remedies for their enforcement (enforcement measures include the potential for trade sanctions against non-complying WTO members). The TRIPS agreement has been widely criticized for its stipulation that biological organisms be subject to intellectual property protection. In 1999, 44 nations considered it appropriate to treat plant varieties as intellectual property.
The complete TRIPS agreement can be found on: http://www.wto.org/english/tratop_e/trips_e/t_agm1_e.htm
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Legal Protection: National Legislation
Intellectual property - comprising industrial property and copyright - in general is protected by national legislation. Therefore those rights are limited territorially and can be exercised only within the jurisdiction of the country or countries under whose laws they are granted.
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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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Two Examples of Disinforamtion in the Eastern Bloc
In the USSR manipulation of the population was one of the big tasks for the government. But manipulation got even further, for example when the English expert John Maynard came back from a visit in the Ukraine in 1933, he told about poverty but not about hunger. In fact he did not have seen anyone starving as the Soviets just showed him the things they wanted to show. Maynard was involuntarily used to spread Soviet disinformation. As a person from the West, the Western media tended to believe him.
A nearly humorous variety of disinformation was ordered by Nicolae Ceausescu in the 1980s. It was a very cold winter and too little heating material was available. Therefore Ceausescu made a law that TV-forecasts-weather-forecasts were not allowed to talk about temperatures below 15° Celsius. Like this he hoped to keep the population quiet.
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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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INDEXCARD, 1/7
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Invention
According to the WIPO an invention is a "... novel idea which permits in practice the solution of a specific problem in the field of technology." Concerning its protection by law the idea "... must be new in the sense that is has not already been published or publicly used; it must be non-obvious in the sense that it would not have occurred to any specialist in the particular industrial field, had such a specialist been asked to find a solution to the particular problem; and it must be capable of industrial application in the sense that it can be industrially manufactured or used." Protection can be obtained through a patent (granted by a government office) and typically is limited to 20 years.
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INDEXCARD, 2/7
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Mark
A mark (trademark or service mark) is "... a sign, or a combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings. The sign may particularly consist of one or more distinctive words, letters, numbers, drawings or pictures, emblems, colors or combinations of colors, or may be three-dimensional..." ( WIPO) To be protected a mark must be registered in a government office whereby generally the duration is limited in time, but can be periodically (usually every 10 years) renewed.
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INDEXCARD, 3/7
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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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INDEXCARD, 4/7
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1996 WIPO Copyright Treaty (WCT)
The
1996 WIPO
Copyright Treaty, which focused on taking steps to protect copyright
"in the digital age" among other provisions 1) makes clear
that computer programs are protected as literary works, 2) the
contracting parties must protect databases that constitute
intellectual creations, 3) affords authors with the new right of
making their works "available to the public", 4) gives
authors the exclusive right to authorize "any communication to
the public of their works, by wire or wireless means ... in such a
way that members of the public may access these works from a place
and at a time individually chosen by them." and 5) requires the
contracting states to protect anti-copying technology and copyright
management information that is embedded in any work covered by the
treaty. The WCT is available on: http://www.wipo.int/documents/en/diplconf/distrib/94dc.htm
http://www.wipo.int/documents/en/diplconf/dis...
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INDEXCARD, 5/7
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Technological measures
As laid down in the proposed EU Directive on copyright and related rights in the information society technological measures mean "... any technology, device, or component that, in the normal course of its operations, is designed to prevent or inhibit the infringement of any copyright..." The U.S. DMCA (Digital Millennium Copyright Act) divides technological measures in two categories: 1) measures that prevent unauthorized access to a copyrighted work, and 2) measures that prevent unauthorized copying of a copyrighted work. Also the making or selling of devices or services that can be used to circumvent either category of technological measures is prohibited under certain circumstances in the DMCA. Furthermore the 1996 WIPO Copyright Treaty states that the "... contracting parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors..."
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INDEXCARD, 6/7
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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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INDEXCARD, 7/7
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