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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Themistocles Themistocles, a Greek politician and general, conquered the Persians in the battle of Salamis, in 480 BC. The Persians, under their King Xerxes, who were on the edge of winning the battle, got defeated by a propaganda campaign that Themistocles launched, telling the Persians that he was on their side and willing to let them win the battle; his argument was that the Greek were so busy with their quarrels that they were not prepared to fight an aggressive battle and a lot of them would change sides if the power of the Persians was shown in a short and cruel fight. In the end Xerxes got the message that parts of the Greek army were fleeing the battlefield. This disinformation lead to a wrong assessment of Xerxes, which made it easy for the Greek to win the war. For further details see: http://www.optonline.com/comptons/ceo/31900_Q.html http://ds.dial.pipex.com/kitson/ESSAYS/Them.htm http://www.eptonline.com/comptons/ceo/31900_Q... http://ds.dial.pipex.com/kitson/ESSAYS/Them.h...

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