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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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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Copyright Management and Control Systems: Metering

Metering systems allow copyright owners to ensure payment to or at the time of a consumer's use of the work. Those technologies include:

Hardware Devices

Those have to be acquired and installed by the user. For example under a debit card approach, the user purchases a debit card that is pre-loaded with a certain amount of value. After installation, the debit card is debited automatically as the user consumes copyrighted works.

Digital Certificates

Hereby a certification authority issues to a user an electronic file that identifies the user as the owner of a public key. Those digital certificates, besides information on the identity of the holder can also include rights associated with a particular person. Vendors can so control access system resources, including copyrighted files, by making them available only to users who can provide a digital certificate with specified rights (e.g. access, use, downloading).

Centralized Computing

Under this approach all of the executables remain at the server. Each time the executable is used, the user's computer must establish contact with the server, allowing the central computer to meter access.

Access Codes

Access code devices permit users to "unlock" protective mechanisms (e.g. date bombs or functional limitations) embedded in copyrighted works. Copyright owners can meter the usage of their works, either by unlocking the intellectual property for a one-time license fee or by requiring periodic procurement of access codes.

Copyright Clearinghouses

Under this approach copyright owners would commission "clearinghouses" with the ability to license the use of their works. A user would pay a license fee to obtain rights concerning the intellectual property.


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Nicolae Ceaucescu

Nicolae Ceausescu (1918-1989) was State-Secretary of Romania from 1967 to 1989. He is supposed to have been one of the cruelest dictators of the Eastern Bloc. His power was assured by a huge system of spies called the Securitate. In 1989 when the other Eastern-European countries started liberalizing their politics, he tried to follow the same policy as before; in December he had to flee but was betrayed and ended up being shot together with his wife right after a short and secret trial. Today it seems as if the revolution of those days had been organized by the communists to assure power. In the meantime the situation for the people has not improved at all but rather worsened.

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Copyright management information

Copyright management information refers to information which identifies a work, the author of a work, the owner of any right in a work, or information about the terms and conditions of the use of a work, and any numbers or codes that represent such information, when any of these items of information are attached to a copy of a work or appear in connection with the communication of a work to the public.

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IIPA

The International Intellectual Property Alliance formed in 1984 is a private sector coalition and represents the U.S. copyright-based industries. It is comprised of seven trade associations: Association of American Publishers, AFMA, Business Software Alliance, Interactive Digital Software Association, Motion Picture Association of America, National Music Publishers' Association and Recording Industry Association of America. IIPA and its member's track copyright legislative and enforcement developments in over 80 countries and aim at a legal and enforcement regime for copyright that deters piracy. On a national level IIPA cooperates with the U.S. Trade Representative and on the multilateral level has been involved in the development of the TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement of the WTO (World Trade Organization) and also participates in the copyright discussion of the WIPO (World Intellectual Property Organization).

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Core copyright industries

Those encompass the industries that create copyrighted works as their primary product. These industries include the motion picture industry (television, theatrical, and home video), the recording industry (records, tapes and CDs), the music publishing industry, the book, journal and newspaper publishing industry, and the computer software industry (including data processing, business applications and interactive entertainment software on all platforms), legitimate theater, advertising, and the radio, television and cable broadcasting industries.

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