Another voluntary Disinformation

A very different form of voluntary disinformation are the calls for donations. Donations offer the possibility to do something good, to help the poor. Afterwards one does no longer have to feel guilty for being luckier than those "others". The same pictures of starving and desperate children for decades, of starving babies with big sad eyes. The pictures show a terrible life. But the idea that contributing money would change the destiny of those children and other people is a lie. States use their population for paying money to make the states' policy less unjust. In fact the money of the Western donators perpetuates the dependence and because of this prolongs the misery into a vicious circle of disinformation on both sides, but it is clever to have one's people believing that they can change the world.

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An Example of commercial Disinformation on the Internet

Prices of products get changed all the time, also depending on the website where one starts his/her search for a certain product. The difference between the prices even for the same product vary up till 200% and more. Some search machines in the internet do not show certain several enterprises whereas others (mostly national ones) get preference in the lists.

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Globalization as a modern Disinformation

Globalization is another disinformation we are not doing anything against; and it has a system. It pretends that the entire world is one, but in reality it seems that there exist various lifestyles, chosen or not, that do not connect to each other. The idea of globalization undermines the fight for one world as it suggests that this one world, where all fight for the same ideals and belong together, has already come into existence. We should rather doubt that it ever will.
The disinformation in this case has worked so perfectly that in the meantime even the profoundest skeptics seem to no longer doubt the existence of globalization.

Globalization of course is a very important part of modern mass-media, too. They associate. Through globalization the access to the news gets easier. People cannot only watch the national news but also others. And this means an opening, one would think. But as the media tend to associate their reports as well, homogenization of the messages is the consequence; disinformation?

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Disinformation and Science

Disinformation's tools emerged from science and art.
And furthermore: disinformation can happen in politics of course, but also in science:
for example by launching ideas which have not been proven exactly until the moment of publication. e.g. the thought that time runs backwards in parts of the universe:
http://www.newscientist.com/ns/19991127/newsstory3.html

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Credibility

The magic word is credibility.

NATO took away part of its credibility by extending more and more the definition of military facilities, which where to be destroyed in order to end the Serb power.

Disinformation can mean leaving out important informations. Telling lies is not the only method of disinformation. The not telling also creates thoughts and delegates them into certain directions, whereas other models of thinking are left out.

Like this, the deaths on the own side are adjusted downwards whereas the victims of the enemy are counted proudly - as long as they are not civilians. The post-Gulf War period demonstrated how the population reacts if the number of innocent victims is much higher than expected. It was the fact of those numbers that provoked the biggest part of the post-war critique.

The media in democratic states tend to criticize this, which does not mean that they always want to be free of governmental influence. They can choose to help the government in a single case by not writing anything against it or by writing pro-government stories.

At the same time every democracy has undemocratic parts in it - which is already part of democracy itself. There are situations when a democratic government may find it essential to put pressure on the media to inform the population in a certain way; and also censorship is nothing that can only be connected to dictatorship; just think of the Falkland War, the Gulf-War or the Kosovo-War.

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The Kosovo-Crisis

During the Kosovo Crisis and during the war that followed, and probably also after it, all sides of the conflict were manipulating their people and others as well, whenever they could. Some of the propaganda shown on TV was as primitive as in World War II, others were subtler. This propaganda started by telling the history of the geographic point of discussion from the own point of view, it went on with the interpretation of the motives of the enemy and finally came to censorship, manipulation of the number of victims ( for more information see: http://www.oneworld.org/index_oc/kosovo/kadare.html , spreading of atrocity stories and so on.
Many journalists and scientists are still working to detect more propaganda and disinformation stories.

An interesting detail about this war was that more people than ever before took their information about the war out of the internet. In part this had to do with the biased TV-reports on all sides. All parties put their ideas and perspectives in the net, so one could get an overview of the different thoughts and types of disinformation.
One of the big lies of NATO was the numbers of destroyed military facilities in Serbia. After the war the numbers had to be corrected down to a ridiculous number of about 13 destroyed tanks. At the same time the numbers of civilian victims turned out to be much higher than NATO had admitted in the first line. The method how European and American people had been persuaded to support the NATO-bombings was the promise to bomb only targets of the military or military-related facilities. Nearly every day NATO had to stretch this interpretation, as many civilian houses got destroyed. A cynical word was created for this kind of excuse: collateral damage.

The Serbs were not better than Western governments and media, which worked together closely. Serb TV showed the bombed targets and compared persons like Bill Clinton to Adolf Hitler and called the NATO fascist. On the other hand pictures from the situation in Kosov@ were left out in their reports.

More:
http://www.voa.gov/editorials/08261.htm (91)
http://www.foreignpolicy-infocus.org/progresp/vol3/prog3n22.html (92)
http://www.serbia-info.com/news (93)
http://www.nyu.edu/globalbeat/syndicate/Belgrade041399.html (94)
http://www.monde-diplomatique.fr/1999/08/SAID/12320.html (95)

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Further Tools: Photography

Art has always contributed a lot to disinformation.
Many modern tools for disinformation are used in art/photography.
Harold D. Lasswell once stated that propaganda was cheaper than violence. Today this is no longer true. Technology has created new tools for propaganda and disinformation - and they are expensive. But by now our possibilities to manipulate pictures and stories have gone so far that it can get difficult to tell the difference between the original and a manipulation.

Trillions of photographs have been taken in the 20th century. Too many to look at, too many to control them and their use. A paradise for manipulation.
We have to keep in mind: There is the world, and there exist pictures of the world, which does not mean that both are the same thing. Photographs are not objective, because the photographer selects the part of the world which is becoming a picture. The rest is left out.

Some tools for manipulation of photography are:



Some of those are digital ways of manipulation, which helps to change pictures in many ways without showing the manipulation.

Pictures taken from the internet could be anything and come from anywhere. To proof the source is nearly impossible. Therefore scientists created on watermarks for pictures, which make it impossible to "steal" or manipulate a picture out of the net.

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The Gulf War

By the end of our century a new method of disinformation is gaining importance: disinformation by an overflow of information.

In the Gulf War, similar to the Vietnam War, journalists had little chance to report neutrally and correctly from the battlefields. Many times they staid in places far from the actual fightings - due to censorship.
In many ways the so-called video-war reminded of a series of commercials. No wonder, the Gulf War was the first war to have a commercial advertisement agency to do the war-propaganda for the USA. They worked hard in preventing the government from a destiny like the one of the Vietnam War, when the war most of all was lost in the American homes because of anti-war propaganda.
In an interview, General Schwarzkopf admitted - still during the war - that a lot of information had been well-prepared disinformation.
And this is true for both sides:

the baby milk plant:
Western bombs had destroyed a chemical weapon factory - that's what they claimed. Saddam Hussein allowed reporters from CNN to visit the factory, hoping they would spread his propaganda. What they supposedly did, was spreading his disinformation, as long as they did not wonder that in the middle of nowhere the sign for the factory was written in English.
(Taylor, Munitions of the Mind, p. 292)

the life guard:
In December 1990, the French newspaper Nouvel Observateur published the story of Karim Abdallah al-Jabouri, Saddam Hussein's Life Guard who had fled from Iraq right after Iraq's invasion in Kuwait. Soon afterwards he was in a French TV-show, where he told atrocity stories about Saddam Hussein. The problem that emerged afterwards was that many people recognized him as a former student and employee of that TV-channel.

the baby-incubator-story of Najirah
On the 10th of October 1991 a young refugee, called Najirah, from Kuwait spoke in front of the U.S.-congress. With a lot of tears she told that she had been working in a Kuwaiti hospital, when Iraqi soldiers came in, tore the babies out of the incubators and let them die on the floor. The pictures of this declaration went around the world and were one of the reasons why the U.S.-population wanted an intervention. In 1992 the journalist R. MacArthur was able to proof that the presented witness had been the daughter of the Kuwait-ambassador in the USA and that she had not been in that hospital or in Kuwait at the mentioned time.
By then the war was over and the manipulation of the population had taken place long ago.

For reading about the U.S.-propaganda tools during that war, like surrender passes, balloons, fake banknotes, threats and many more visit:
http://www.btinternet.com/~rrnotes/psywarsoc/fleaf/gulfapp.htm (84)

http://www.fair.org/extra/best-of-extra/gulf-war-not-true.html (85)

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Doubls Bind Messages

Double bind messages are extremely effective.
For example in Nicaragua the Sandinistas were seen as the personification of the evil. Demonization was the tool to make the U.S.-population to believe that. And the propaganda, called "Operation Truth", succeeded - and is successful until today. The Sandinistas are still considered an enemy in the head of the people. The media played the role of spreading propaganda - nearly without any criticism.
By the end of the 1980s the USA even paid Nicaraguans for voting other parties than the Sandinistas.

El Salvador was a similar case. Again the guerrilla got demonized. The difference was the involvement of the Catholic Church, which was highly fought against by the ruling parties of El Salvador - and those again were financially and organizationally supported by the USA. The elections in the 1980s were more or less paid by the USA.
U.S.-politicians were afraid El Salvador could end up being a second Cuba or Nicaragua. Every means was correct to fight this tendency, no matter what it cost.
On the 21st of September 1996, the Washington Post published several documents proofing an old rumor: not only that Central American soldiers had been educated in a U.S.-army school (the SOA), they also were taught to use torture as a method against revolutionaries. Some of the Salvadorian "students" of that school became very famous for being extremely cruel, one of them being General Roberto d'Aubuisson (35), the person who ordered the killing of Archbishop Oscar Romero in 1980.

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Conclusion

As we have seen in the latest wars and in art, propaganda and disinformation are taking place on all sides. No contemporary political system is immune against those two. All of them utilize them if it seems to be useful and appropriate. Democracy, always pretending to be the most liberal and most human system is no exception in that - especially not a good one.
Democracy might give us more chances to escape censorship - but only as long as the national will is not disturbed. Then disinformation and propaganda come in ...
NATO-members gave us a very sad example for this during the Kosovo crisis.

It is our hunger for sensations and glory, for rumors and shows which makes disinformation so powerful. Many books and WebPages give informations about how to overcome disinformation and propaganda - but in vain. We somehow seem to like it - or at least we need it for getting through our interests.

There is a lot what we could try to do, but very little that will succeed as people prefer to believe that disinformation is an issue of the past.

At this moment the only appropriate measure to get rid of disinformation's influence seems to be the putting side by side of different aspects and ideas, especially of opinions telling the contrary, or are at least not the same. In any other case the model will probably commit the crime it is fighting against. Because how would we be able to know?

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Exchange of the Text

One of the easiest tools for disinformation is to exchange the words written below a photograph. The entire meaning of the picture can be varied like this:

- The visit of a school-group at a former international camp can change into a camp, where children are imprisoned (which happened in the Russian city of Petroskoy in 1944).

- Victims of war can change nationality. The picture of the brutal German soldier in World War II that was shown in many newspapers to demonstrate the so-called typical face of a murderer, turned out to be French and a victim in other newspapers.

- In 1976 a picture of children in a day-nursery in the GDR is taken: The children, coming out of the shower, were dressed up in terry cloth suits with stripes. The same year the photograph with the happily laughing boys and girls wins the contest "a beautiful picture". Two years later a small part of the photograph can be seen in a Christian magazine in West-Germany, supposedly showing children from a concentration camp in the USSR. The smiling faces now seem to scream. (source: Stiftung Haus der Geschichte der Bundesrepublik Deutschland (ed.): Bilder, die lügen. Begleitbuch zur Ausstellung im Haus der Geschichte der Bundesrepublik Deutschland. Bonn 1998, p. 79)

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Kyoko Data

Is it art, is it a commercial or is it disinformation, when web-designers create a virtual model out of the so-called best parts of different top-models?
Kyoko data-project: the virtual model and pop-star is not only regarded as a virtual thing but "had" a biography, a family and everything else that a famous star would have. She was not even less reachable as any of them. For example she received tons of love-letters by Japanese teenagers. The question arising is whether she can be regarded as a product for making money or whether the media-enterprise HoriPro that invented her (isn't it much more comfortable to have a virtual star that doesn't have wishes and needs?), wants to get a certain message through by marketing her. The answer tends to be "both".

more:
http://www.wdirewolff.com/jkyoko.htm
and
http://members.tripod.com/a_fe.chan/Kyoko-Data.html

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Introduction: The Substitution of Human Faculties with Technology: Computers and Robots

With the development of modern computing, starting in the 1940s, the substitution of human abilities with technology obtained a new dimension. The focus shifted from the replacement of pure physical power to the substitution of mental faculties. Following the early 1980s personal computers started to attain widespread use in offices and quickly became indispensable tools for office workers. The development of powerful computers combined with progresses in artificial intelligence research also led to the construction of sophisticated robots, which enabled a further rationalization of manufacturing processes.

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Introduction: The Substitution of Human Faculties with Technology: Early Tools

The development of modern technologies, led by men's curiosity and inquiring mind as well as the desire to facilitate work processes has a long and complex history.

Already in prehistoric times tools made of stone were developed to expand men's physical power. In the following millenniums simple mechanical devices and machines such as the wheel, the lever and the pulley were invented. The next step was the development of powered machines. For example, windmills, waterwheels and simple steam-driven devices.

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Introduction: The Substitution of Human Faculties with Technology: Powered Machines

The development of the steam engine in 1776 represented a major advance in the construction of powered machines and marked the beginning of the Industrial Revolution. Powered engines and machines soon became common and led to the first extensive mechanization of manufacturing processes. The development of large-scale machine production on one hand decreased the demand for craftsmen and increased the demand for semiskilled and unskilled workers and on the other altered the nature of the work process from one mainly depending on physical power to one primarily dominated by technology.

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1913: Henry Ford and the Assembly Line

Realizing that he'd need to lower costs Henry Ford (Ford Motor Company) was inspired to create a more efficient way to produce his cars. Looking at other industries he and his team found four principles, which furthered their goal: interchangeable parts, continuous flow, division of labor, and reducing wasted effort.

The use of interchangeable parts meant making the individual pieces of the car the same every time. Therefore the machines had to be improved, but once they were adjusted, they could be operated by a low-skilled laborer. To reduce the time workers spent moving around Ford refined the flow of work in the manner that as one task was finished another began, with minimum time spent in set-up. Furthermore he divided the labor by breaking the assembly of the legendary Model T in 84 distinct steps. Frederick Taylor, the creator of "scientific management" was consulted to do time and motion studies to determine the exact speed at which the work should proceed and the exact motions workers should use to accomplish their tasks.

Putting all those findings together in 1913 Ford installed the first moving assembly line that was ever used for large-scale manufacturing. His cars could then be produced at a record-breaking rate, which meant that he could lower the price, but still make a good profit by selling more cars. For the first time work processes were largely automated by machinery.

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1940s - Early 1950s: First Generation Computers

Probably the most important contributor concerning the theoretical basis for the digital computers that were developed in the 1940s was Alan Turing, an English mathematician and logician. In 1936 he created the Turing machine, which was originally conceived as a mathematical tool that could infallibly recognize undecidable propositions. Although he instead proved that there cannot exist any universal method of determination, Turing's machine represented an idealized mathematical model that reduced the logical structure of any computing device to its essentials. His basic scheme of an input/output device, memory, and central processing unit became the basis for all subsequent digital computers.

The onset of the Second World War led to an increased funding for computer projects, which hastened technical progress, as governments sought to develop computers to exploit their potential strategic importance.

By 1941 the German engineer Konrad Zuse had developed a computer, the Z3, to design airplanes and missiles. Two years later the British completed a secret code-breaking computer called Colossus to decode German messages and by 1944 the Harvard engineer Howard H. Aiken had produced an all-electronic calculator, whose purpose was to create ballistic charts for the U.S. Navy.

Also spurred by the war the Electronic Numerical Integrator and Computer (ENIAC), a general-purpose computer, was produced by a partnership between the U.S. government and the University of Pennsylvania (1943). Consisting of 18.000 vacuum tubes, 70.000 resistors and 5 million soldered joints, the computer was such a massive piece of machinery (floor space: 1,000 square feet) that it consumed 160 kilowatts of electrical power, enough energy to dim lights in an entire section of a bigger town.

Concepts in computer design that remained central to computer engineering for the next 40 years were developed by the Hungarian-American mathematician John von Neumann in the mid-1940s. By 1945 he created the Electronic Discrete Variable Automatic Computer (EDVAC) with a memory to hold both a stored program as well as data. The key element of the Neumann architecture was the central processing unit (CPU), which allowed all computer functions to be coordinated through a single source. One of the first commercially available computers to take advantage of the development of the CPU was the UNIVAC I (1951). Both the U.S. Census bureau and General Electric owned UNIVACs (Universal Automatic Computer).

Characteristic for first generation computers was the fact, that instructions were made-to-order for the specific task for which the computer was to be used. Each computer had a different binary-coded program called a machine language that told it how to operate. Therefore computers were difficult to program and limited in versatility and speed. Another feature of early computers was that they used vacuum tubes and magnetic drums for storage.

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1940s - 1950s: The Development of Early Robotics Technology

During the 1940s and 1950s two major developments enabled the design of modern robots. Robotics generally is based on two related technologies: numerical control and teleoperators.

Numerical control was invented during the late 1940s and early 1950s. It is a method of controlling machine tool axes by means of numbers that have been coded on media. The first numerical control machine was presented in 1952 at the Massachusetts Institute of Technology (MIT), whose subsequent research led to the development of APT (Automatically Programmed Tools). APT, a language for programming machine tools, was designed for use in computer-assisted manufacturing (CAM).

First teleoperators were developed in the early 1940s. Teleoperators are mechanical manipulators which are controlled by a human from a remote location. In its typical application a human moves a mechanical arm and hand with its moves being duplicated at another location.

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1950: The Turing Test

Alan Turing, an English mathematician and logician, advocated the theory that eventually computers could be created that would be capable of human thought. To cut through the long philosophical debate about exactly how to define thinking he proposed the "imitation game" (1950), now known as Turing test. His test consisted of a person asking questions via keyboard to both a person and an intelligent machine within a fixed time frame. After a series of tests the computers success at "thinking" could be measured by its probability of being misidentified as the human subject. Still today Turing's papers on the subject are widely acknowledged as the foundation of research in artificial intelligence.

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1950s: The Beginnings of Artificial Intelligence (AI) Research

With the development of the electronic computer in 1941 and the stored program computer in 1949 the conditions for research in artificial intelligence (AI) were given. Still, the observation of a link between human intelligence and machines was not widely observed until the late 1950s.

A discovery that influenced much of the early development of AI was made by Norbert Wiener. He was one of the first to theorize that all intelligent behavior was the result of feedback mechanisms. Mechanisms that could possibly be simulated by machines. A further step towards the development of modern AI was the creation of The Logic Theorist. Designed by Newell and Simon in 1955 it may be considered the first AI program.

The person who finally coined the term artificial intelligence and is regarded as the father of AI is John McCarthy. In 1956 he organized a conference "The Dartmouth summer research project on artificial intelligence" to draw the talent and expertise of others interested in machine intelligence for a month of brainstorming. In the following years AI research centers began forming at the Carnegie Mellon University as well as the Massachusetts Institute of Technology (MIT) and new challenges were faced: 1) the creation of systems that could efficiently solve problems by limiting the search and 2) the construction of systems that could learn by themselves.

One of the results of the intensified research in AI was a novel program called The General Problem Solver, developed by Newell and Simon in 1957 (the same people who had created The Logic Theorist). It was an extension of Wiener's feedback principle and capable of solving a greater extent of common sense problems. While more programs were developed a major breakthrough in AI history was the creation of the LISP (LISt Processing) language by John McCarthy in 1958. It was soon adopted by many AI researchers and is still in use today.


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The 19th Century: Machine-Assisted Manufacturing

Eli Whitney's proposal for a simplification and standardization of component parts marked a further milestone in the advance of the automation of work processes. In 1797 he suggested the manufacture of muskets with completely interchangeable parts. As opposed to the older method under which each gun was the individual product of a highly skilled gunsmith and each part hand-fitted, his method permitted large production runs of parts that were readily fitted to other parts without adjustment and could relatively easy be performed by machines.

By the middle of the 19th century the general concepts of division of labor, assembly of standardized parts and machine-assisted manufacture were well established. On both sides of the Atlantic large factories were in operation, which used specialized machines to improve costs, quality and quantity of their products.

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The 18th Century: Powered Machines and the Industrial Revolution

The invention of the steam engine by James Watt in 1776 represented a major advance in the development of powered machines. It was first applied to an industrial operation - the spinning of cotton - in 1785. A new kind of work-slave it not only marked the beginning of the Industrial Revolution, but also the coming age of mass production.

In the England of the 18th century five important inventions in the textile industry advanced the automation of work processes. 1) John Kay's flying shuttle in 1733 , which permitted the weaving of larger widths of cloth and significantly increased weaving speed, 2) Edmund Cartwright's power loom in 1785, which increased weaving speed still further, 3) James Hargreaves' spinning jenny in 1764, 4) Richard Arkwright's water frame and 5) Samuel Crompton's spinning mule in 1779, whereby the last three inventions improved the speed and quality of thread-spinning operations. Those developments, combined with the invention of the steam engine, in short time led to the creation of new machine-slaves and the mechanization of the production of most major goods, such as iron, paper, leather, glass and bricks.

Large-scale machine production was soon applied in many manufacturing sectors and resulted in a reduction of production costs. Yet the widespread use of the novel work-slaves also led to new demands concerning the work force's qualifications. The utilization of machines enabled a differentiated kind of division of labor and eventuated in a (further) specialization of skills. While before many goods were produced by skilled craftsmen the use of modern machinery increased the demand for semiskilled and unskilled workers. Also, the nature of the work process altered from one mainly dependent on physical power to one primarily dominated by technology and an increasing proportion of the labor force employed to operate machines.

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Early Tools and Machines

Already in early cultures men aimed at the expansion of their physical power in order to facilitate work processes. In prehistoric times first tools made of stone were developed and some thousand years later followed by the invention of simple mechanical devices and machines such as the wheel, the lever and the pulley.

Next came the construction of powered machines. Waterwheels, windmills and simple steam-driven devices did no longer require human strength to be operated. In China for example trip-hammers powered by flowing water and waterwheels were already used some 2,000 years ago.

Besides tools and machines, which helped to extend men's physical power also devices to support mental faculties, especially in the field of mathematics, were invented. As soon as 3000 BC the abacus was developed in Babylonia. By using a system of sliding beads arranged on a rack early merchants could make computations, which helped them keep track of their trading transactions.

Also, early "industrial-robot devices" were developed as soon as 250 BC. The clepsydra, or water clock, which improved upon the hourglass by employing a siphon principle to automatically recycle itself, was constructed by a Greek inventor and physicist, Ctesibius of Alexandria.

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The 17th Century: The Invention of the First "Computers"

The devices often considered the first "computers" in our understanding were rather calculators than the sophisticated combination of hard- and software we call computers today.

In 1642 Blaise Pascal, the son of a French tax collector, developed a device to perform additions. His numerical wheel calculator was a brass rectangular box and used eight movable dials to add sums up to eight figures long. Designed to help his father with his duties, the big disadvantage of the Pascaline was its limitation to addition.

Gottfried Wilhelm von Leibniz, a German mathematician and philosopher, in 1694 improved the Pascaline by creating a machine that could also multiply. As its predecessor Leibniz's mechanical multiplier likewise worked by a system of gears and dials. Leibniz also formulated a model that may be considered the theoretical ancestor of some modern computers. In De Arte Combinatoria (1666) Leibniz argued that all reasoning, all discover, verbal or not, is reducible to an ordered combination of elements, such as numbers, words, colors, or sounds.

Further improvements in the field of early computing devices were made by Charles Xavier Thomas de Colmar, a Frenchmen. His arithometer could not only add and multiply, but perform the four basic arithmetic functions and was widely used up until the First World War.

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The 19th Century: First Programmable Computing Devices

Until the 19th century "early computers", probably better described as calculating machines, were basically mechanical devices and operated by hand. Early calculators like the abacus worked with a system of sliding beads arranged on a rack and the centerpiece of Leibniz's multiplier was a stepped-drum gear design.

Therefore Charles Babbage's proposal of the Difference Engine (1822), which would have (it was never completed) a stored program and should perform calculations and print the results automatically, was a major breakthrough, as it for the first time suggested the automation of computers. The construction of the Difference Engine, which should perform differential equations, was inspired by Babbage's idea to apply the ability of machines to the needs of mathematics. Machines, he noted, were best at performing tasks repeatedly without mistakes, while mathematics often required the simple repetition of steps.

After working on the Difference Engine for ten years Babbage was inspired to build another machine, which he called Analytical Engine. Its invention was a major step towards the design of modern computers, as it was conceived the first general-purpose computer. Instrumental to the machine's design was his assistant, Augusta Ada King, Countess of Lovelace, the first female computer programmer.

The second major breakthrough in the design of computing machines in the 19th century may be attributed to the American inventor Herman Hollerith. He was concerned with finding a faster way to compute the U.S. census, which in 1880 had taken nearly seven years. Therefore Hollerith invented a method, which used cards to store data information which he fed into a machine that compiled the results automatically. The punch cards not only served as a storage method and helped reduce computational errors, but furthermore significantly increased speed.

Of extraordinary importance for the evolution of digital computers and artificial intelligence have furthermore been the contributions of the English mathematician and logician George Boole. In his postulates concerning the Laws of Thought (1854) he started to theorize about the true/false nature of binary numbers. His principles make up what today is known as Boolean algebra, the collection of logic concerning AND, OR, NOT operands, on which computer switching theory and procedures are grounded. Boole also assumed that the human mind works according to these laws, it performs logical operations that could be reasoned. Ninety years later Boole's principles were applied to circuits, the blueprint for electronic computers, by Claude Shannon.

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Late 1950s - Early 1960s: Second Generation Computers

An important change in the development of computers occurred in 1948 with the invention of the transistor. It replaced the large, unwieldy vacuum tube and as a result led to a shrinking in size of electronic machinery. The transistor was first applied to a computer in 1956. Combined with the advances in magnetic-core memory, the use of transistors resulted in computers that were smaller, faster, more reliable and more energy-efficient than their predecessors.

Stretch by IBM and LARC by Sperry-Rand (1959) were the first large-scale machines to take advantage of the transistor technology (and also used assembly language instead of the difficult machine language). Both developed for atomic energy laboratories could handle enormous amounts of data, but still were costly and too powerful for the business sector's needs. Therefore only two LARC's were ever installed.

Throughout the early 1960s there were a number of commercially successful computers (for example the IBM 1401) used in business, universities, and government and by 1965 most large firms routinely processed financial information by using computers. Decisive for the success of computers in business was the stored program concept and the development of sophisticated high-level programming languages like FORTRAN (Formular Translator), 1956, and COBOL (Common Business-Oriented Language), 1960, that gave them the flexibility to be cost effective and productive. The invention of second generation computers also marked the beginning of an entire branch, the software industry, and the birth of a wide range of new types of careers.

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1980s: Artificial Intelligence (AI) - From Lab to Life

Following the commercial success of expert systems, which started in the 1970s, also other AI technologies began to make their way into the marketplace. In 1986, U.S. sales of AI-related hardware and software rose to U.S.$ 425 million. Especially expert systems, because of their efficiency, were still in demand. Yet also other fields of AI turned out to be successful in the corporate world.

Machine vision systems for example were used for the cameras and computers on assembly lines to perform quality control. By 1985 over a hundred companies offered machine vision systems in the U.S., and sales totaled U.S.$ 80 million. Although there was a breakdown in the market for AI-systems in 1986 - 1987, which led to a cut back in funding, the industry slowly recovered.

New technologies were being invented in Japan. Fuzzy logic pioneered in the U.S. and also neural networks were being reconsidered for achieving artificial intelligence. The probably most important development of the 1980s was, that it showed that AI technology had real life uses. AI applications like voice and character recognition systems or steadying camcorders using fuzzy logic were not only made available to business and industry, but also to the average customer.

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Late 1970s - Present: Fourth Generation Computers

Following the invention of the first integrated circuits always more and more components could be fitted onto one chip. LSI (Large Scale Integration) was followed by VLSI (Very Large Scale Integration) and ULSI (Ultra-Large Scale Integration), which increased the number of components squeezed onto one chip into the millions and helped diminish the size as well as the price of computers. The new chips took the idea of the integrated circuit one step further as they allowed to manufacture one microprocessor which could then be programmed to meet any number of demands.

Also, ensuing the introduction of the minicomputer in the mid 1970s by the early 1980s a market for personal computers (PC) was established. As computers had become easier to use and cheaper they were no longer mainly utilized in offices and manufacturing, but also by the average consumer. Therefore the number of personal computers in use more than doubled from 2 million in 1981 to 5.5 million in 1982. Ten years later, 65 million PCs were being used.

Further developments included the creation of mobile computers (laptops and palmtops) and especially networking technology. While mainframes shared time with many terminals for many applications, networking allowed individual computers to form electronic co-operations. LANs (Local Area Network) permitted computers to share memory space, information, software and communicate with each other. Although already LANs could reach enormous proportions with the invention of the Internet an information and communication-network on a global basis was established for the first time.

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1960s - 1970s: Expert Systems Gain Attendance

The concept of expert systems dates back to the 1960s but first gained prominence in the 1970s. Conclusive for this development were the insights of the Stanford University professor Edward Feigenbaum, who in 1977 demonstrated that the problem-solving capacity of a computer program rather is a result of the knowledge it posses, than of the applied programming techniques and formalisms.

Expert systems were designed to mimic the knowledge and reasoning capabilities of a human specialist in a given domain by using (top down) artificial intelligence techniques. Made possible by the large storage capacity of the computers at the time, expert systems had the potential to interpret statistics and formulate rules. An initial use of expert systems was to diagnose and treat human physical disorders, but as its applications in the market place were extensive over the course of the following years they were also employed in fields such as stock market forecast, taxation, chemistry, and geology.

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Introduction: The Substitution of Human Faculties with Technology: Artificial Intelligence and Expert Systems

Research in artificial intelligence, starting in the 1960s, yet formulated a new goal: the automation of thought processes with intelligent machines. Although first attempts to develop "thinking" machines had only little success as the aimed at solving very general problems, the invention of expert systems marked a breakthrough. Albeit the application of those semi-intelligent systems is (still) restricted to quite narrow domains of performance, such as taxation and medical image interpretation, they are able to mimic the knowledge and reasoning capabilities of an expert in a particular discipline. While the development of intelligent machines, which are able to reason, to generalize and to learn from past experience is not likely to become reality in the very near future, research in artificial intelligence progresses quickly and sooner or later the substitution of men's unique faculties will come true.

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1970s: Computer-Integrated Manufacturing (CIM)

Since the 1970s there had been a growing trend towards the use of computer programs in manufacturing companies. Especially functions related to design and production, but also business functions should be facilitated through the use of computers.

Accordingly the CAD/CAM technology, related to the use of computer systems for design and production, was developed. CAD (computer-aided design) was created to assist in the creation, modification, analysis, and optimization of design. CAM (computer-aided manufacturing) was designed to help with the planning, control, and management of production operations. CAD/CAM technology, since the 1970s, has been applied in many industries, including machined components, electronics products, equipment design and fabrication for chemical processing.

To enable a more comprehensive use of computers in firms the CIM (computer-integrated manufacturing) technology, which also includes applications concerning the business functions of companies, was created. CIM systems can handle order entry, cost accounting, customer billing and employee time records and payroll. The scope of CIM technology includes all activities that are concerned with production. Therefore in many ways CIM represents the highest level of automation in manufacturing.

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Late 1960s - Early 1970s: Third Generation Computers

One of the most important advances in the development of computer hardware in the late 1960s and early 1970s was the invention of the integrated circuit, a solid-state device containing hundreds of transistors, diodes, and resistors on a tiny silicon chip. It made possible the production of large-scale computers (mainframes) of higher operating speeds, capacity, and reliability at significantly lower costs.

Another type of computer developed at the time was the minicomputer. It profited from the progresses in microelectronics and was considerably smaller than the standard mainframe, but, for instance, powerful enough to control the instruments of an entire scientific laboratory. Furthermore operating systems, that allowed machines to run many different programs at once with a central program that monitored and coordinated the computer's memory, attained widespread use.

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Major U.S. Think Tanks: Cato Institute

Founded in 1977, the institute is named for Cato's Letters, libertarian pamphlets that were widely read in the American Colonies since the early 18th century and played a major role in laying the philosophical foundation for the American Revolution. Cato is a public policy research foundation seeking to "broaden the parameters of public policy debate" to allow consideration of more options that are consistent with the traditional American principles of limited government, individual liberty, free markets and a special focus on deregulation issues.

In recent years, the Cato Institute has become one of the most cited and quoted think tanks in the U.S. news media, while also becoming a key resource for Republican leaders. Catos board of directors not only includes John C. Malone - president and CEO of Tele-Communicaitons Inc. (TCI), the largest cable operator in the United States - but, since autumn 1997, also media titan Rupert Murdoch.

Official Organizational Status: Independent Institute

Political Orientation: U.S. Conservative/Libertarian

Scope/Research Areas: Catos research areas include development studies, science and technology, economic issues, health and welfare, foreign relations and diplomacy. Priority issues are Social Security privatization, fundamental tax reform, limited constitutional government, free trade and term limits. Recent publications include: Kelley, David A.: Life of One's Own. Individual Rights and the Welfare State. (1998). Ferrara, P.J. and M. D. Tanner: A New Deal for Social Security. (1998).

Funding Sources: 1998 Budget US$ 11 million. Corporate and private donations (especially from corporations and executives in the highly regulated industries of financial services, telecommunications and pharmaceuticals industries) and sales of publications.

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Major U.S. Think Tanks: Heritage Foundation

Heritage was started to counter what it perceived as the liberal intellectual climate of Washington in the 1970s. The Heritage Foundations mission is to formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense. Heritage pursues this mission by performing research addressing key policy issues and effectively marketing these findings to its primary audiences: members of Congress, key congressional staff, policymakers in the executive branch, the nation's news media, and the academic and policy communities.

Official Organizational Status: Independent research and educational institute.

Political Orientation: U.S. Conservative

Scope/Research Areas: The Heritage Foundation's research areas include: economic issues, health and welfare, education, culture and religion, security and defense, foreign policy and international relations/institutions. Priority is given to issues, such as: Social Security reform, fundamental tax reform, livable cities, ballistic missile defense, education reform, domestic and economic policy and foreign and defense policy. Recent publications include: Feulner, Edwin J.: The March of Freedom. (1998). Holmes, K. et.al.: 1999 Index of Economic Freedom. (1998).

Funding Sources: 1998 Budget: US$ 26 million. Private donations (47 %), foundations (21 %), investment income (21 %), corporate donations (4 %). Among others US$ 1 million from the Korea Foundation - funded by South Korea's foreign ministry.

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Geographic Distribution of Think Tanks

Think tanks are most common in the U.S. and also very widespread in Europe. Still they are an international phenomenon, with at least one or two such institutions in nearly every country of the world.

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Media-Appearance of Think Tanks

To disseminate their respective ideologies think tanks produce vast amounts of publications, including research reports, newsletters, magazines and books. Although the quality of their "research findings" sometimes is of questionably scientific value their "experts" are regularly quoted in the print-media and also appear on television and radio.

Nevertheless, in most cases, when representatives of think tanks are used as experts on a topic, they are introduced as independent scholars, hiding the fact, that they are related to certain ideologies. "When a think tank representative is used as an expert on a topic, often that person's media-framed credibility may be measured by the ideological label attached to them. By failing to politically identify representatives of think tanks, or identify the financial base of think tanks, major media deprive their audiences of an important context for evaluating the opinions offered, implying that think tank "experts" are neutral sources without any ideological predispositions." (Michael Dolny)

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Publishing Programs

To make their work available to as wide a market as possible, the publication of newsletters, magazines and books forms one of the key elements of most think tanks. Therefore most of these institutions undertake extensive publishing programs and run their own periodicals. Mostly accessible by subscription or individual sale those publications aim at the widespread distribution of their respective ideology. Recently think tanks have also started to discover new media as useful tools for their purposes. A lot of the bigger institutions have set up websites, which provide general information as well as articles and research reports.

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Think Tanks

Think tanks, usually not so much in the focus of public attention, but even more active behind the scenes are organizations dealing with political and/or public policy issues. Mostly labeled as independent (research) institutes, they differ from pure academia in that the research that is conducted is channeled towards certain fairly specific purposes.

Some think tanks are affiliated with universities, while also governments run think tanks. Within the private think tanks, most widely known are the ideological think tanks. These organizations aim to shape public opinion and government policy over a wide range of issues so as to advance the political ideologies or approaches to public policy making which are supported by their members.

Especially the research of ideologically motivated think tanks sometimes is of questionable scholarly value and their policy prescriptions are politically motivated. The problem is compounded by links between think tanks and the media from which both parties benefit or influenced by corporate and other donors, which preclude critical assessment of the quality and objectivity of think tank research.

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Major U.S. Think Tanks: RAND Corporation

In 1948 RAND was created at the urging of its original sponsor, the Air Force. After World War II, RAND focused especially on research in national security. Today RAND operates on a broad front, making its research available to public policy makers at all levels, private sector leaders in many industries, and the public at large. RANDs research and analysis aims to: provide practical guidance by making policy choices clear and by addressing barriers to policy implementation; develop solutions to complex problems by bringing researchers in all relevant academic specialities; dissemination of research findings. RAND has more than 500 employees.

Official Organizational Status: Independent Institute

Political Orientation: U.S. Center-right

Scope/Research Areas: RAND specializes in: Foreign relations and diplomacy, security and defense, economic issues, regional studies, science sand technology, labor and human resource development, social issues, education and health and welfare.

Funding Sources: 1998 Budget: US$ 113.5 million. National, local and state government (83 %) and private donations (17 %).

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Dissemination Strategies

Think tanks undertake research in very specific public policy areas. Which topics they cover mainly depends on their political and ideological orientation. In any case think tanks produce incredible amounts of "research findings". The crucial aspect usually is not their production, but their distribution. Therefore most think tanks have developed sophisticated dissemination strategies, whose main aim is the communication of their ideas to important audiences. These include members of governmental institutions, policymakers in the executive branch, news media, intellectuals, business men as well as academic and policy communities - in short, everybody, who is involved in shaping public opinion.

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Think Tanks and Corporate Money

Looking at the financial situation of think tanks, different funding patterns can be found. While financial contributions from foundations play an important role especially for conservative think tanks, also contributions from governments are made to certain institutions. Yet one of the most important funding sources are corporate donors and individual contributors. Although the extent to which - in most cases conservative - think tanks rely on corporate funding varies, from the US$ 158 million spent by the top 20 conservative think tanks, more than half of it was contributed by corporations or businessmen.

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War on Anti-Poverty Programs

One of the most violent attacks undertaken by conservative U.S. think tanks has been on the federal anti-poverty programs. Beginning in the 1980s the Manhattan Institute sponsored and promoted two publications that urged the elimination of the federal anti-poverty program. "Wealth and Poverty", concluded that poverty was the result of personal irresponsibility, while "Losing Ground: American Social Policy, 1950 - 1980", observed that anti-poverty programs reduced marriage incentives, discouraged workers form accepting low-wage jobs, and encouraged unintended births among low income teenage and adult women.

These books were followed by Lawrence Mead's "Beyond Entitlement: The Social Obligations of Citizenship", which blamed governments for perpetuating poverty by not requiring welfare recipients to work. Other conservative grantees have used their funds for more than a decade to spread this kind of conservative political rhetoric and policy opinion through major media and conservative-controlled print and broadcast outlets. The redefinition of the problem and the demonization of the poor finally culminated in the passage of the welfare reform in 1996. The conservative anti-poor crusade not only led to cuts in federal anti-poverty spending, but also eliminated the only federal program guaranteeing cash assistance to poor women and their children.

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Examples of Mainly Corporate Funded Think Tanks: Brookings Institution

With a budget of US$ 23 million and assets worth US$ 192 million the Brookings Institution, based in Washington D.C., in 1998 was funded by: Corporate and private donations (38 %), endowment (30 %), revenue from conferences and seminars (18 %), sales of publications (9 %), government support (2 %).

Among the 138 corporate donors are: Bell Atlantic, Citibank, J.P. Morgan, Goldman Sachs, NationsBank, Exxon, Chevron, Microsoft, Hewlett Packard, Toyota, Pfizer, Johnson & Johnson, Dupont, Mobil and Lockheed Martin, and the foundations of companies like American Express, Travelers, AT&T and McDonnell Douglas. A few media conglomerates, like Time Warner and the Washington Post Co.. Contributions of individual donors include executives from Visa, Procter and Gamble, BankAmerica and U.S. Airways.

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Corporate Money and Politics

The fact that corporate money is seeking to influence public policy is nothing unusual. From the different ways of how private money helps to shape politics the first, and most familiar is direct campaign contributions to political candidates and parties, which is especially widespread in the United States. While the second great river of money goes to underwrite lobbying apparatus in diverse state capitals, the third form of attempts to influence public policy making is less well-known, but nearly as wide and deep as the two others - it is money which underwrites a vast network of public policy think tanks and advocacy groups. Although tried to be labeled in another way, unmistakably, these donations are naked attempts by corporations and other donors, to influence the political process.

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Media Relations

Media have always been an important element in the cycle of shaping public opinion. They decide which topics are on the agenda or not and who is given broadcasting time or publishing space. By featuring certain points of view and neglecting others media have the ability to influence public opinion and thus also political decision-making to a significant extent.

Therefore, besides educational and publishing programs, media are an essential element in the dissemination strategy of think tanks. To spread their respective ideology they provide print media with masses of op-ed's and their top staff regularly appears on television and radio shows as political advisers or policy experts.

Table: Media Citations: Spectrum of Major U.S. Think Tanks


Think Tank Ideology

Media Citations 1995

Media Citations 1996

Media Citations 1997

U.S. Conservative or right-leaning

7792 (51 %)

7706 (54 %)

7733 (53 %)

U.S. Centrist

6361 (42 %)

4392 (30 %)

4623 (32 %)

U.S. Progressive or left-leaning

1152 (7 %)

2177 (15 %)

2267 (16 %)

Total

15305

14212

14623



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Educational Programs

As the dissemination of ideologies and ideas is crucial to think tanks they apply different strategies to reach as many audiences as possible. Therefore also the concept of education plays an important role. Educational and training programs are aimed at the influencers and future influencers of public opinion and shall lead to the acceptance of think tanks respective social, economical and political ideas. The label "educational activities" thus very often stands for nothing less than the dissemination of ideology.

Most think tanks regularly organize conferences, symposia and seminars to deliver their findings and ideas to a broader audience. RAND for example also runs a Ph.D. program at its Graduate School.

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Table: Publishing Programs of Think Tanks



Think Tank

Periodicals

Publication of Research Findings

Brookings Institution (Washington D.C., US)

Brookings Review, Brookings Papers on Economic Activities

Recent titles include: Hess, Frederick M.: Spinning Wheels. The Politics of Urban School Reform. (1998). Haass, Richard N.: The Bureaucratic Entrepreneur. How to be Effective in Any Unruly Organization. (1998).

Heritage Foundation (Washington D.C., US)

Policy Review

Publication of journals, newsletters, magazines, research reports, policy/issue briefs, video, CD-ROM, website.
Recent publications include: Holmes, K. and J. J. Przystup: Between Diplomacy and Deterrence. Strategies for U.S. Relations with China. (1997). Holmes, K. and T. Moore (eds.): Restoring American Leadership. (1996).

American Enterprise Institute (Washington D.C., US)

The American Enterprise, Newsletter

Types of publications are newsletters, magazines, monographs and books.
Recent titles include: Income Inequality and IQ. (1998). Morrisey, Michael (ed.): Managed Care and Changing Health Care Markets. (1998).

Cato Institute (Washington D.C., US)

Regulation, Cato Journal, Policy Report

Research findings are published in the form of: journals, newsletters, magazines, research reports, monographs and policy/issue briefs.
Some recent publications include: Moore, Thomas: Gale Climate of Fear. Why We Shouldn't Worry About Global Warming. (1998). Carpenter, T. G. and B. Conry (eds.): NATO Enlargement. Illusions and Reality. (1998).

RAND Corporation (Santa Monica, CA, US)

RAND Research Review, RAND Journal of Economics

Types of publications are journals, newsletters, magazines, research reports, working/discussion papers, monographs and policy/issue briefs. An important outlet is the RAND publication series. In 1997, RAND published 73 reports and papers in this series. Many RAND studies also appear as books from commercial publishing houses and university presses, and as articles in professional, scholarly, and technical journals.

Institute of Economic Affairs (London, UK)

Economic Affairs, Newsletter

Research findings are published in the form of journals, newsletters, magazines, research reports, working/discussion papers and monographs. Some recent titles include: Regulation Utilities. Broadening the Debate . (1997). The Conservative Government's Economic Record. (1998).

Adam Smith Institute (London, UK)

ASI Bulletin

Some recent publications are: Singapore versus Chile. Competing models for welfare reform. The Eastern Market. The Future of the Post-Communist Countries.

Center for Policy Studies (London, UK)

CPS Newsletter

Types of publications are newsletters, magazines, research reports and policy/issue briefs. Recent titles include: Selbourne, David: One Year On. The "New Politics" of Labour. Eltis, Walter: Further Considerations on EMU. It will Create Instability and Destroy Employment.



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Influence of Corporate Funding on Think Tank Activities

Most think tanks describe themselves as independent institutions and usually deny any influence on their work from funding sources or other interests. Although some think tanks adhere to the concept of independent research, in several cases, albeit very often not visible at first sight, the influence of corporate money on the kind of issues picked up as well as the results presented can be noted. Corporate money so funds ideologically charged policy research with the aim to influence public policy making.

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Examples of Mainly Corporate Funded Think Tanks: Manhattan Institute

The Manhattan Institute, founded by William Casey, who later became President Reagan's CIA director, besides subsidies from a number of large conservative foundations has gained funding from such corporate sources as: The Chase Manhattan Bank, Citicorp, Time Warner, Procter & Gamble and State Farm Insurance, as well as the Lilly Endowment and philantropic arms of American Express, Bristol-Myers Squibb, CIGNA and Merrill Lynch. Boosted by major firms, the Manhattan Institute budget reached US$ 5 million a year by the early 1990s.

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Abolition of Resale Price Maintenance

The London-based Institute for Economic Affairs (AEI) from its beginning undertook an extensive publishing program to push forward its free-market ideology. Among its publications was one particular paper, which had a direct and immediate political impact. Published in 1960 "Resale Price Maintenance and Shoppers' Choice" by Basil Yamey argued for the abolition of Resale Price Maintenance, which by fixing prices in shops prevented large stores from necessarily under-cutting smaller shops. Yamey argued that a free market in shop prices would save the shoppers £180,000,000 a year, and prices would fall by five percent.

The publication of Yamey's paper was timed to coincide with a period of public debate on the subject to ensure maximum impact, and Yamey's suggestions were taken up by the incumbent Conservative Government. Although the Abolition of Resale Price Maintenance by Edward Heath in 1964, can not only be attributed to Yamey's paper, it for sure had a substantial impact.

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Influence on Policy Making by Fact Construction

Funded by foundations, corporate donors and individual contributors, think tanks are endowed with the financial and human resources which enable them to systematically influence public opinion, media agenda setting and policy discussion. From time to time, when evidence is not at hand, these institutions produce tailor-made arguments, backing their ideological concepts, with the aim to influence policy making. In some cases this construction of evidence has not only remained in the position of an attempt, but actually led to specific policy reforms.

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The Institute of Economic Affairs

One of the most impressive examples of the dissemination of ideology through educational activities has been performed by the UK- based Institute of Economic Affairs (IEA), founded in 1955. Dedicated to the idea of free-markets the IEA from the beginning saw the "education" of the public as a key element in the distribution of their ideology. "The philosophy of the market economy must be widely accepted; this requires a large programme of education ..."

Aiming at the wide acceptance of their ideas, the IEA undertook an extensive publishing program with the objective to make the fairly complex concepts of economic liberalism and monetarism available to a student or sixth-form audience. In the 1960s IEA papers normally reached the hands of students through the university Conservative Associations.

The work that the IEA did in this field reaped a rich harvest during the 1970s and 1980s, as many of the younger political activists who staffed the various free-market think-tanks, such as the Center for Policy Studies, the Freedom Association an the Selsdon Group, received their education from the IEA. Especially at St. Andrews university, where Ralph Harris, the first director of the IEA, had been a lecturer, the IEA ideas had a strong impact. St. Andrews over the years did not only produce a generation of free-market Conservative MPs (Member of Parliament), but also influenced former St. Andrews students like Stuart and Eamonn Butler and Madsen Pirie, who went to set up the Adam Smith Institute (ASI) in London in 1976.

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Table: Media References to Major U.S. Think Tanks



Think Tank

Political Orientation

Number of Media Citations 1995

Number of Media Citations 1996

Number of Media Citations 1997

Brookings Institution

U.S. Centrist

2192

2196

2296

Heritage Foundation

U.S. Conservative

2268

1779

1813

American Enterprise Institute

U.S. Conservative

1297

1401

1323

Cato Institute

U.S. Conservative/libertarian

1163

1136

1286

RAND Corporation

U.S. Center-right

795

826

865

Council on Foreign Relations

U.S. Centrist

747

727

755

Center for Strategic and International Studies

U.S. Conservative

612

586

668

Urban Institute

U.S. Center-left

749

655

610

Economic Policy Institute

U.S. Progressive

399

452

576

Freedom Forum

U.S. Centrist

496

625

531

Hudson Institute

U.S. Conservative

354

396

481

Institute for International Economics

U.S. Centrist

410

288

438

Center on Budget and Policy Priorities

U.S. Progressive

-

359

425

Hoover Institution

U.S. Conservative

570

350

355

Carnegie Endowment

U.S. Centrist

517

502

352

Competitive Enterprise Institute

U.S. Conservative

298

205

290

Manhattan Institute

U.S. Conservative

254

227

261

Progressive Policy Institute

U.S. Centrist

455

279

251

International Institute for Strategic Studies

U.S. Conservative

177

145

177

Institute for Policy Studies

U.S. Progressive

161

110

172

Worldwatch Institute

U.S. Progressive

201

186

168

Center for Defense Information

U.S. Progressive

136

187

158

Joint Center for Political and Economic Studies

U.S. Center-left

255

228

158

Progress and Freedom Foundation

U.S. Conservative

570

234

122

Reason Foundation

U.S. Conservative/libertarian

229

133

92



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Conservative vs. Progressive Think Tanks

The political orientation of think tanks is as broad as in every other kind of institutions or organizations. It ranges from conservative over centrist to progressive. Still it can be noted, that there are considerable differences between the right and the left wing of think tanks, especially concerning funding sources and revenues as well as media relations, which have considerable consequences on their perception and influence on the public as well as on policy makers.

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The Microsoft Case

Shortly after Microsoft was faced with federal antitrust charges, full-page newspaper ads supporting Microsoft's claim of innocence were run by the Independent Institute. The ads took the form of a letter signed by 240 academic experts and purported to be a scholarly, unbiased view of why the government had gone overboard in its case against the company. According to an article published in the New York Times, Microsoft had not paid for the ads, but was in fact the single largest donor to the Independent Institute, a conservative organization, that has been a leading defender of the company since it first came under fire from federal prosecutors.

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History of Corporate Funding of Conservative Think Tanks

Corporate funding for right-wing policy work has its roots in the 1970s, when leading conservative thinkers appealed to corporations to fund intellectuals who supported their economic interests. Irving Kristol, in his 1978 book "Two Cheers for Capitalism", argued that corporations should make "philantrophic contributions to scholars and institutions who are likely to advocate preservation of a strong private sector.". At the same time think tank entrepreneurs like Ed Feulner of Heritage and Edward Crane of CATO moved to cultivate corporate allies. At most conservative think tanks, corporate leaders now make up the overwhelming majority of board members.

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Examples of Mainly Corporate Funded Think Tanks: Cato Institute

Founded in 1977 the Cato Institutes 1998 budget made up US$ 11 million. Its funding consists of corporate and private donations (especially from corporations and executives in the highly regulated industries of financial services, telecommunications and pharmaceuticals industries) and sales of publications.

Catos corporate donors include tobacco firms: Philip Morris (Rupert Murdoch sits on Philip Morris board of directors) and R.J. Reynolds. Financial firms: American Express, Chase Manhattan Bank, Chemical Bank, Citicorp/Citibank, Commonwealth Fund, Prudential Securities and Salomon Brothers. Energy conglomerates: Chevron Companies, Exxon Company, Shell Oil Company and Tenneco Gas, as well as the American Petroleum Institute, Amoco Foundation and Atlantic Richfield Foundation. Furthermore the Cato Institute is funded by pharmaceutical firms: Eli Lilly & Company, Merck & Company and Pfizer, Inc., foundations, like Koch, Lambe and Sarah Scaife and companies from the telecommunications sector: Bell Atlantic Network Services, BellSouth Corporation, Microsoft, NYNEX Corporation, Sun Microsystems and Viacom.

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Media Relations

Another difference that can be noted between right and left-wing think tanks concerns their media appearance and media relations. While in 1997 53 % of the U.S. media references made to think tanks involved conservative institutions, progressive think tanks accounted for only16 % of the media citations made to think tanks (32 % centrist institutions). This suggests that the media agenda is markedly influenced by conservative issues and ideology, and therefore leads to a considerable imbalance within the spectrum of political views.

On the other hand the financial resources of right- and left- wing media associated with think tanks also differ appreciably. While conservative foundations provided US$ 2,734,263 to four right-of-center magazines between 1990 and 1993 including The National Interest, The Public Interest, The New Criterion, and The American Spectator, over the same time period four left-of-center publications, namely The Nation, The Progressive, In These Times, and Mother Jones received only US$ 269,500 from foundations.

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Think Tanks and the Internet

As think tanks try to push policy making in their desired direction in such diverse fields as health, education, taxation, regulation and national security it is not surprising, that also the Internet has entered their issue list:

RAND, a center-right U.S. think tank not only argues for the usage of certain guidelines concerning the use of e-mail, but has also released a research report - sponsored by the Office of the Secretary of Defense - entitled "Strategic Information Warfare: A New Face of War". In November 1999 RAND has furthermore launched a co-operation with the International Chamber of Commerce (ICC) aimed at combating the threat of cybercrime. ICCs practical expertise and RANDs research and analytical capacities shall aid at finding solutions to fight hackers, industrial spies, and other criminals who may exploit the Internet to attack commercial and public-sector systems.

Another of the big players in the elite of think tanks, the conservative Washington D.C. based Cato Institute quite surprisingly has started to defend human rights in Cyberspace. Jonathan D. Wallace' "Nameless in Cyberspace: Anonymity on the Internet." sees the constitutionally guaranteed right of freedom of speech and expression in the United States under attack by proposals to limit or restrict the use of anonymity on the Internet.

Yet another conservative think tank, the U.S. based Center for Strategic and International Studies in June 1999 has initiated a Conference (Global Information Infrastructure Commission) to accelerate the development of E-Commerce in India. Among the Conferences participants were not only government representatives from India and the United States, but also the CEO of Global TeleSystems Group Inc., the vice chairman of Fujitsu and the executive president of Siemens A.G., as well as the World Bank and the World Intellectual Property Organization.

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Advertising, Public Relations and Think Tanks

Although advertising, public relations and think tanks at first seem to have nothing in common, after a closer look certain similarities arise.

The first thing which can be noted is that public relations and the advertising industry, as well as - especially conservative - think tanks like the Heritage Foundation or the Brookings Institute have strong ties to corporate firms. Whereas the connection between the advertising and public relations industry and corporations is based on a consultant - client relation many think tanks heavily rely on corporate funding to pursue their activities. Therefore the interests of corporate firms are to an - in some cases considerable - extent reflected in their activities.

Furthermore the aims of public relations and advertising firms and think tanks are not too different. Their main goal is to sell ideas and values. Albeit it sometimes makes the impression, as if only products, services and understanding (in the case of public relations) are sold, for the greater part the only thing being marketed is (political) ideology.

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Funding Sources and Revenues

While most progressive think tanks acquire their funding through many different sources, for conservative think tanks financing by corporations prevails. Among the think tanks receiving a considerable amount of corporate money are the Cato Institute (U.S. conservative/libertarian), the Brookings Institution (U.S. centrist), the Heritage Foundation (U.S. conservative), the American Enterprise Institute (U.S. conservative) and the Competitive Enterprise Institute (U.S. conservative).

Also, whereas the combined revenue base of such conservative multi-issue policy institutions as the Heritage Foundation, the American Enterprise Institute, Free Congress Research and Education Foundation, the Cato Institute, and Citizens for a Sound Economy exceeded US$ 77 million in 1995, the roughly equivalent U.S. progressive Institute for Policy Studies, the Economic Policy Institute, Citizens for Tax Justice, and the Center for Budget and Policy Priorities had only US$ 9 million at their collective disposal in 1995.

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Major U.S. Think Tanks: American Enterprise Institute

Formed in 1943 as a traditional think tank, after being criticized of being too centrist, the American Enterprise Institute moved right and took a more aggressive public-policy role in domestic and foreign policy affairs. The American Enterprise Institute is dedicated to "preserving and strengthening the foundations of freedom" - limited government, private enterprise, vital cultural and political institutions, and a strong foreign policy and national defense.

Official Organizational Status: Independent institute

Political Orientation:
U.S. Conservative

Scope/Research Areas: The American Enterprise Institutes research is conducted in three broad areas, namely economic policy studies, social and political studies and foreign and defense policy studies. Issues of priority are: Tax reform, Social Security and entitlements reform, environmental regulation, economic deregulation, culture and society, religion, intellectual foundations, reform of the U.S. defense structure and redefinition of American foreign policy. Some recent titles include: Income Inequality and IQ. (1998). Ethics of Human Cloning (1998). Calomiris, C. and J. Karceski: Is the Bank Merger Wave of the 1990s Efficient? Lessons from Nine Case Studies. (1998).

Funding Sources: 1998 Budget: US$ 14.3 million. Assets: US$ 24.5 million. Corporate donations (29 %), private donations (27 %), foundations (26 %), conferences, sales, and other revenues (18 %).

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Conservative Think Tanks and the Media

Given the growing political importance of media most think tanks - especially conservative ones in the U.S. - have clearly stated the need for strong marketing and communications. The former president of the American Enterprise Institute, William Baroody puts it that way "We pay as much attention to the dissemination of the product as we do to the content. ... We hire ghost writers for scholars to produce op-ed articles that are sent to the one hundred and one co-operating newspapers three pieces every two weeks ... The real test is getting your message out. ... Market your policy recommendations, market the principles and values behind them, market the tangible publications and events your organization is producing. Market the think tank concept itself. Then market your specific organization."

Relations with the media form one of the most important element within the think tanks marketing strategies. The Hoover Institution's public affairs office, for example, links to 900 media centers across the U.S. and 450 abroad. The Reason Foundation, a strong fighter for privatization, had 359 television and radio appearances in 1995 and more than 1,500 citations in national newspapers and magazines. Furthermore the Manhattan Institute has held more than 600 forums on briefings for journalists and policy makers on a broad range of public policy issues.

Not to leave the distribution of their respective ideologies to chance, conservative institutions have created a variety of conservative-controlled media outlets and projects, as well as television and radio broadcasting networks. The Free Congress Foundation for instance, in addition to its National Empowerment Television, publishes NetNewsNow, a broadcast fax letter sent to more than 400 U.S. radio producers. Conservative foundations also spent US$ 2,734,263 on four right-of -center magazines between 1990 and 1993, providing publishing opportunities for conservative thinkers and policy advocates.

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Major U.S. Think Tanks: Brookings Institute

The Brookings Institute, based in Washington DC traces its beginnings to 1916 with the founding of the Institute for Government Research, the first private organization devoted to public policy issues at a national level. In 1922 and 1924 , the Institute was joined by the Institute of Economics and the Robert Brookings Graduate School. In 1927 these three groups were consolidated into one institution, named after the businessman Robert Somers Brookings.

After World War II, the Brookings Institute fostered Republican support for the Marshall Plan, which the Institute helped to develop. By the 1960s, Brookings was linked to the establishment wing of the Democratic Party, backing Keynesian economics. The Institutes influence on the operations of the federal government, at times, has been substantial. In the 1920s, Brookings was largely responsible for the creation of the federal budget. In the 1970s the Brookings Institute pushed for the creation of the Congressional Budget Office, and then provided its first head, former senior fellow Alice Rivlin.

Official Organizational Status: Private, independent, non-profit Research Institute

Political Orientation: U.S. Centrist

Scope/Research Areas: The Brookings Institute seeks to "improve the performance of American institutions, the effectiveness of government programs, and the quality of U.S. public policies". Its research areas include political economy of market transitions, antitrust, banking, government reform, social norms and economic behavior, national security, budget politics and public administration. Some recent titles include: Eisinger, Peter: Toward an End to Hunger in America. (1998). Hess, Stephen: The Little Book of Campaign Etiquette. (1998). Jencks, C. and M. Phillips (eds.): The Black-White Test Score Gap. (1998). Douglas, A. R. et.al.: Framing the Social Security Debate. Values, Politics, and Economics. (1998).

Funding Sources: 1998 Budget: US$ 23 million. Assets: US$ 192 million. Corporate and private donations (38 %), endowment (30 %), revenue from conferences and seminars (18 %), sales of publications (9 %), government support (2 %).

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The Copyright Industry

Copyright is not only about protecting the rights of creators, but has also become a major branch of industry with significant contributions to the global economy. According to the International Intellectual Property Alliance the U.S. copyright industry has grown almost three times as fast as the economy as a whole for the past 20 years. In 1997, the total copyright industries contributed an estimated US$ 529.3 billion to the U.S. economy with the core copyright industries accounting for US$ 348.4 billion. Between 1977 and 1997, the absolute growth rate of value added to the U.S. GDP by the core copyright industries was 241 %. Also the copyright industry's foreign sales in 1997 (US$ 66.85 billion for the core copyright industries) were larger than the U.S. Commerce Department International Trade Administration's estimates of the exports of almost all other leading industry sectors. They exceeded even the combined automobile and automobile parts industries, as well as the agricultural sector.

In an age where knowledge and information become more and more important and with the advancement of new technologies, transmission systems and distribution channels a further increase in the production of intellectual property is expected. Therefore as copyright establishes ownership in intellectual property it is increasingly seen as the key to wealth in the future.

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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 intellectual property. Before the Revolution, all books, printers and booksellers had to have a royal stamp of approval, called a "privilege". In return for their lucrative monopoly, the French guild of printers and booksellers helped the police to suppress anything that upset royal sensibilities or ran contrary to their interests. Still there were also a whole lot of underground printers who flooded the country with pirated, pornographic and seditious literature. And thousands of writers, most at the edge of starvation.

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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Intellectual Property and the "Information Society" Metaphor

Today the talk about the so-called "information society" is ubiquitous. By many it is considered as the successor of the industrial society and said to represent a new form of societal and economical organization. This claim is based on the argument, that the information society uses a new kind of resource, which fundamentally differentiates from that of its industrial counterpart. Whereas industrial societies focus on physical objects, the information society's raw material is said to be knowledge and information. Yet the conception of the capitalist system, which underlies industrial societies, also continues to exist in an information-based environment. Although there have been changes in the forms of manufacture, the relations of production remain organized on the same basis. The principle of property.

In the context of a capitalist system based on industrial production the term property predominantly relates to material goods. Still even as in an information society the raw materials, resources and products change, the concept of property persists. It merely is extended and does no longer solely consider physical objects as property, but also attempts to put information into a set of property relations. This new kind of knowledge-based property is widely referred to as "intellectual property". Although intellectual property in some ways represents a novel form of property, it has quickly been integrated in the traditional property framework. Whether material or immaterial products, within the capitalist system they are both treated the same - as property.

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Intellectual Property: A Definition

Intellectual property, very generally, relates to the output, which result from intellectual activity in the industrial, scientific, literary and artistic fields. Traditionally intellectual property is divided into two branches:

1) Industrial Property

a) Inventions
b) Marks (trademarks and service marks)
c) Industrial designs
d) Unfair competition (trade secrets)
e) Geographical indications (indications of source and appellations of origin)

2) Copyright

The protection of intellectual property is guaranteed through a variety of laws, which grant the creators of intellectual goods, and services certain time-limited rights to control the use made of their products. Those rights apply to the intellectual creation as such, and not to the physical object in which the work may be embodied.

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History: "The South"

In many traditional Southern countries awe and mystery surround the created object into which the creator projects spirit and soul. Also in contrast with the Western individual-based concept of intellectual property rights it is custom to recognize 'collective', 'communal' or 'folkloric' copyright. Folkloric copyright acknowledges rights to all kinds of knowledge, ideas and innovations produced in 'intellectual commons'. Such rights are not limited to the lifetime of an individual but rather exist in perpetuity with a specific group or an entire people.

Islamic Tradition

Already early Islamic jurists recognized a creator's right or copyright and offered protection against piracy. Traditional Islamic law treats infringement as a breach of ethics, not as a criminal act of theft. Punishment is carried out in the form of defamation of the infringer and the casting of shame on his tribe. Only in recent years many Islamic countries have adopted formal copyright statutes.

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History: Anglo-American Tradition

With the introduction of the printing press into England in 1476 printing was made easier and faster and made copies less expensive. By the early 16th century two trades dominated the industry: independent printers and booksellers or stationers many of whom were vertically integrated as printers. At the time, the Crown was concerned about sedition and the Church about heresy. In 1557 by royal charter the Stationers' Company of London was created and exclusive rights granted. Approved printers were given the right to copy approved works. Accordingly the roots of copyright were censorship.

The Statute of Queen Ann, the first formal copyright law, was passed in 1710. Copyright was then conferred on the author of a work, but still the owner of copyright was nearly always the bookseller. Only in 1775 the House of Lords replaced the common law of printing rights in favor of the author.

In this tradition the underlying concept of copyright is monopoly, first granted to printers, then to booksellers and later to individual creators. Copyright is treated as a commodity to be bought and sold and inspired by a need to protect the public from the power of the artist.

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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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Challenges for Copyright by ICT: Introduction

Traditional copyright and the practice of paying royalties to the creators of intellectual property have emerged with the introduction of the printing press (1456). Therefore early copyright law has been tailored to the technology of print and the (re) production of works in analogue form. Over the centuries legislation concerning the protection of intellectual property has been adapted several times in order to respond to the technological changes in the production and distribution of information.

Yet again new technologies have altered the way of how (copyrighted) works are produced, copied, made obtainable and distributed. The emergence of global electronic networks and the increased availability of digitalized intellectual property confront existing copyright with a variety of questions and challenges. Although the combination of several types of works within one larger work or on one data carrier, and the digital format (although this may be a recent development it has been the object of detailed legal scrutiny), as well as networking (telephone and cable networks have been in use for a long time, although they do not permit interactivity) are nothing really new, the circumstance that recent technologies allow the presentation and storage of text, sound and visual information in digital form indeed is a novel fact. Like that the entire information can be generated, altered and used by and on one and the same device, irrespective of whether it is provided online or offline.


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Basics: Introduction

Copyright law is a branch of intellectual property law and deals with the rights of intellectual creators in their works. The scope of copyright protection as laid down in Article 2 of the 1996 WIPO Copyright Treaty "... extends to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such." Copyright law protects the creativity concerning the choice and arrangement of words, colors, musical notes etc. It grants the creators of certain specified works exclusive rights relating to the "copying" and use of their original creation.


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Challenges for Copyright by ICT: Copyright Owners

The main concern of copyright owners as the (in terms of income generation) profiteers of intellectual property protection is the facilitation of pirate activities in digital environments.

Reproduction and Distribution

Unlike copies of works made using analog copiers (photocopy machines, video recorders etc.) digital information can be reproduced extremely fast, at low cost and without any loss in quality. Since each copy is a perfect copy, no quality-related limits inhibit pirates from making as many copies as they please, and recipients of these copies have no incentive to return to authorized sources to get another qualitatively equal product. Additionally the costs of making one extra copy of intellectual property online are insignificant, as are the distribution costs if the copy is moved to the end user over the Internet.

Control and Manipulation

In cross-border, global data networks it is almost impossible to control the exploitation of protected works. Particularly the use of anonymous remailers and other existing technologies complicates the persecution of pirates. Also digital files are especially vulnerable to manipulation, of the work itself, and of the (in some cases) therein-embedded copyright management information.

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Basics: Protected Persons

Generally copyright vests in the author of the work. Certain national laws provide for exceptions and, for example, regard the employer as the original owner of a copyright if the author was, when the work was created, an employee and employed for the purpose of creating that work. In the case of some types of creations, particularly audiovisual works, several national laws provide for different solutions to the question that should be the first holder of copyright in such works.

Many countries allow copyright to be assigned, which means that the owner of the copyright transfers it to another person or entity, which then becomes its holder. When the national law does not permit assignment it usually provides the possibility to license the work to someone else. Then the owner of the copyright remains the holder, but authorizes another person or entity to exercise all or some of his rights subject to possible limitations. Yet in any case the "moral rights" always belong to the author of the work, whoever may be the owner of the copyright (and therefore of the "economic rights").


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The Piracy "Industry"

Until recent years, the problem of piracy (the unauthorized reproduction or distribution of copyrighted works (for commercial purposes)) was largely confined to the copying and physical distribution of tapes, disks and CDs. Yet the emergence and increased use of global data networks and the WWW has added a new dimension to the piracy of intellectual property by permitting still easier copying, electronic sales and transmissions of illegally reproduced copyrighted works on a grand scale.

This new development, often referred to as Internet piracy, broadly relates to the use of global data networks to 1) transmit and download digitized copies of pirated works, 2) advertise and market pirated intellectual property that is delivered on physical media through the mails or other traditional means, and 3) offer and transmit codes or other technologies which can be used to circumvent copy-protection security measures.

Lately the International Intellectual Property Alliance has published a new report on the estimated trade losses due to piracy. (The IIPA assumes that their report actually underestimates the loss of income due to the unlawful copying and distribution of copyrighted works. Yet it should be taken into consideration that the IIPA is the representative of the U.S. core copyright industries (business software, films, videos, music, sound recordings, books and journals, and interactive entertainment software).)

Table: IIPA 1998 - 1999 Estimated Trade Loss due to Copyright Piracy (in millions of US$)





Motion Pictures

Records & Music

Business Applications

Entertainment Software

Books





1999

1998

1999

1998

1999

1998

1999

1998

1999

1998

Total Losses

1323

1421

1684

1613

3211

3437

3020

2952

673

619



Total Losses (core copyright industries)

1999

1998

9910.0

10041.5




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Basics: Protected Works

Usually the subject matter of copyright is described as "literary and artistic works" - original creations in the fields of literature and arts. Such works may be expressed in words, symbols, pictures, music, three-dimensional objects, or combinations thereof. Practically all national copyright laws provide for the protection of the following types of works:

Literary works: novels, poems dramatic works and any other writings, whether published or unpublished; in most countries also computer programs and "oral works"

Musical works

Artistic works: whether two-dimensional or three-dimensional; irrespective of their content and destination

Maps and technical drawings

Photographic works: irrespective of the subject matter and the purpose for which made

Audiovisual works: irrespective of their purpose, genre, length, method employed or technical process used

Some copyright laws also provide for the protection of choreographic works, derivative works (translations, adaptions), collections (compilations) of works and mere data (data bases); collections where they, by reason of the selection and arrangement of the contents, constitute intellectual creations. Furthermore in some countries also "works of applied art" (furniture, wallpaper etc.) and computer programs (either as literary works or independently) constitute copyrightable matter.

Under certain national legislations the notion "copyright" has a wider meaning than "author's rights" and, in addition to literary and artistic works, also extends to the producers of sound recordings, the broadcasters of broadcasts and the creators of distinctive typographical arrangements of publications.


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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: Internet Service Providers

ISPs (Internet Service Providers) (and to a certain extent also telecom operators) are involved in the copyright debate primarily because of their role in the transmission and storage of digital information. Problems arise particularly concerning caching, information residing on systems or networks of ISPs at the directions of users and transitory communication.

Caching

Caching it is argued could cause damage because the copies in the cache are not necessarily the most current ones and the delivery of outdated information to users could deprive website operators of accurate "hit" information (information about the number of requests for a particular material on a website) from which advertising revenue is frequently calculated. Similarly harms such as defamation or infringement that existed on the original page may propagate for years until flushed from each cache where they have been replicated.

Although different concepts, similar issues to caching arise with mirroring (establishing an identical copy of a website on a different server), archiving (providing a historical repository for information, such as with newsgroups and mailing lists), and full-text indexing (the copying of a document for loading into a full-text or nearly full-text database which is searchable for keywords or concepts).

Under a literal reading of some copyright laws caching constitutes an infringement of copyright. Yet recent legislation like the DMCA or the proposed EU Directive on copyright and related rights in the information society (amended version) have provided exceptions for ISPs concerning particular acts of reproduction that are considered technical copies (caching). Nevertheless the exemption of liability for ISPs only applies if they meet a variety of specific conditions. In the course of the debate about caching also suggestions have been made to subject it to an implied license or fair use defense or make it (at least theoretically) actionable.

Information Residing on Systems or Networks at the Direction of Users

ISPs may be confronted with problems if infringing material on websites (of users) is hosted on their systems. Although some copyright laws like the DMCA provide for limitations on the liability of ISPs if certain conditions are met, it is yet unclear if ISPs should generally be accountable for the storage of infringing material (even if they do not have actual knowledge) or exceptions be established under specific circumstances.

Transitory Communication

In the course of transmitting digital information from one point on a network to another ISPs act as a data conduit. If a user requests information ISPs engage in the transmission, providing of a connection, or routing thereof. In the case of a person sending infringing material over a network, and the ISP merely providing facilities for the transmission it is widely held that they should not be liable for infringement. Yet some copyright laws like the DMCA provide for a limitation (which also covers the intermediate and transient copies that are made automatically in the operation of a network) of liability only if the ISPs activities meet certain conditions.

For more information on copyright (intellectual property) related problems of ISPs (BBSs (Bulletin Board Service Operators), systems operators and other service providers) see:

Harrington, Mark E.: On-line Copyright Infringement Liability for Internet Service Providers: Context, Cases & Recently Enacted Legislation. In: Intellectual Property and Technology Forum. June 4, 1999.

Teran, G.: Who is Vulnerable to Suit? ISP Liability for Copyright Infringement. November 2, 1999.

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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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Basics: Infringement and Fair Use

The rights of a copyright holder are infringed when one of the acts requiring the authorization of the owner is done by someone else without his consent. In the case of copyright infringement or the violation of neighboring rights the remedies for the copyright owner consist of civil redress. The unauthorized copying of protected works for commercial purposes and the unauthorized commercial dealing in copied material is usually referred to as "piracy".

Yet copyright laws also provide that the rights of copyright owners are subject to the doctrine of "fair use". That allows the reproduction and use of a work, notwithstanding the rights of the author, for limited purposes such as criticism, comment, news reporting, teaching, and research. Fair use may be described as the privilege to use the copyrighted material in a reasonable manner without the owner's consent. To determine whether a use is fair or not most copyright laws consider:

- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes (usually certain types of educational copying are allowed)

- the nature of the copyrighted work (mostly originals made for commercial reasons are less protected than their purely artistic counterparts)

- the amount and substantiality of the portion used in relation to the copyrighted work as a whole

- the effect of the use upon the potential market for or value of the copyrighted work (as a general rule copying may be permitted if it is unlikely to cause economic harm to the original author)

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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Legal Protection: Multilateral Agreements

With the rise of a global economic system a desire to establish agreements, which protect works not only within national borders, but also within a "Union" of countries or on an international level, has been expressed. As a consequence a variety of multilateral treaties have been negotiated and adopted by governments. Those shall simplify practice through international standardization and mutual recognition of rights and duties among nations.


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Legal Protection: European Union

Within the EU's goal of establishing a European single market also intellectual property rights are of significance. Therefore the European Commission aims at the harmonization of the respective national laws of the EU member states and for a generally more effective protection of intellectual property on an international level. Over the years it has adopted a variety of Conventions and Directives concerned with different aspects of the protection of industrial property as well as copyright and neighboring rights.

An overview of EU activities relating to intellectual property protection is available on the website of the European Commission (DG Internal Market): http://www.europa.eu.int/comm/internal_market/en/intprop/intprop/index.htm

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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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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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Legal Protection: WIPO (World Intellectual Property Organization)

Presumably the major player in the field of international intellectual property protection and administrator of various multilateral treaties dealing with the legal and administrative aspects of intellectual property is the WIPO.

Information on WIPO administered agreements in the field of industrial property (Paris Convention for the Protection of Industrial Property (1883), Madrid Agreement Concerning the International Registration of Marks (1891) etc.) can be found on: http://www.wipo.org/eng/general/index3.htm

Information on treaties concerning copyright and neighboring rights (Berne Convention for the Protection of Literary and Artistic Works (1886) etc.) is published on: http://www.wipo.org/eng/general/index5.htm

The most recent multilateral agreement on copyright is the 1996 WIPO Copyright Treaty. Among other things it provides that computer programs are protected as literary works and also introduces the protection of databases, which "... by reason of the selection or arrangement of their content constitute intellectual creations." Furthermore the 1996 WIPO Copyright Treaty contains provisions concerning technological measures, rights management information and establishes a new "right of communication to the public". It is available on: http://www.wipo.org/eng/diplconf/distrib/treaty01.htm

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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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Basics: Limitations

Temporal
Copyright protection is limited in time. Many countries have adopted a term of protection that starts at the time of the creation of the work and ends 50 years (in some cases 70 years) after the death of the author. Under some national laws exist exceptions either for certain kinds of creations or for certain uses. After the protection has expired works pass into the public domain. In recent years a tendency towards the lengthening of the term of protection has emerged.
Geographic

The owner of a copyrighted work is protected against acts restricted by copyright under the law of a certain country. To gain protection against such acts in other countries he must refer to the respective national legislation. If both countries are members of one of the international conventions on copyright, the practical problems arising from this geographical limitation are eased.

Non-Material Works

In some countries works that are not fixed in some material form are excluded from copyright protection. Also under certain national legislations, the texts of laws and decisions of courts and administrative bodies cannot be copyrighted (which is possible in several countries; then the government is the owner of the copyright in such works and can exercise his rights in accordance with the public interest).
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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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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 WIPO treaties (WIPO Performances and Phonograms Treaty and WIPO Copyright Treaty) and addresses a variety of issues that arose with the increased availability of content in digital form. The Act 1) creates a series of "safe harbor" defenses (which are subject to a variety of conditions that must be met) for certain common activities of ISPs (Internet Service Provider), 2) bars the circumvention of technological protection measures that protect copyrighted works, 3) prohibits the distribution or provision of false copyright management information with the intent to induce or conceal infringement, 4) establishes an exemption for making a copy of a computer program for purposes of maintenance or repair, and 5) contains provisions concerning the "webcasting" of sound recordings on the Internet and the making of (digital) copies of copyrighted works by nonprofit libraries and archives.

A full-text version of the DMCA is available from:
The Library of Congress: Thomas (Legislative Information on the Internet): http://thomas.loc.gov/cgi-bin/cpquery/z?cp105:hr796:

Moreover the U.S. Copyright Office provides a memorandum, which briefly summarizes each of the five titles of the DMCA (pdf format): http://lcweb.loc.gov/copyright/legislation/dmca.pdf

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. http://www.arl.org/info/frn/copy/primer.html

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. http://www.arl.org/info/frn/copy/osp.html

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