Copyright Management and Control Systems: Pre-Infringement

Pre-infringement copyright management and control systems that inhibit or control infringement of intellectual property may be put into place by copyright owners before distributing their works. Examples are:

Contracts

Contracts are a pre-infringement control method, which very often is underestimated. Properly formed contracts enable copyright holders to restrict the use of their works in excess of the rights granted under copyright laws.

Copy Protection

This approach was standard in the 1980s, but rejected by consumers and relatively easy to break. Still copy protection, whereby the vendor limits the number of times a file can be copied, is used in certain situations.

Limited Functionality

This method allows copyright owners to provide a copy of the work, which is functionally limited. Software creators, for example, can distribute software that cannot print or save. A fully functional version has to be bought from the vendor.

Date Bombs

Here the intellectual property holder distributes a fully functional copy but locks off access at a pre-specified date or after a certain number of uses.

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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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Fiber-optic cable networks

Fiber-optic cable networks may become the dominant method for high-speed Internet connections. Since the first fiber-optic cable was laid across the Atlantic in 1988, the demand for faster Internet connections is growing, fuelled by the growing network traffic, partly due to increasing implementation of corporate networks spanning the globe and to the use of graphics-heavy contents on the World Wide Web.

Fiber-optic cables have not much more in common with copper wires than the capacity to transmit information. As copper wires, they can be terrestrial and submarine connections, but they allow much higher transmission rates. Copper wires allow 32 telephone calls at the same time, but fiber-optic cable can carry 40,000 calls at the same time. A capacity, Alexander Graham Bell might have not envisioned when he transmitted the first words - "Mr. Watson, come here. I want you" - over a copper wire.

Copper wires will not come out of use in the foreseeable future because of technologies as DSL that speed up access drastically. But with the technology to transmit signals at more than one wavelength on fiber-optic cables, there bandwidth is increasing, too.

For technical information from the Encyclopaedia Britannica on telecommunication cables, click here. For technical information from the Encyclopaedia Britannica focusing on fiber-optic cables, click here.

An entertaining report of the laying of the FLAG submarine cable, up to now the longest fiber-optic cable on earth, including detailed background information on the cable industry and its history, Neal Stephenson has written for Wired: Mother Earth Mother Board. Click here for reading.

Susan Dumett has written a short history of undersea cables for Pretext magazine, Evolution of a Wired World. Click here for reading.

A timeline history of submarine cables and a detailed list of seemingly all submarine cables of the world, operational, planned and out of service, can be found on the Web site of the International Cable Protection Committee.

For maps of fiber-optic cable networks see the website of Kessler Marketing Intelligence, Inc.

http://www.britannica.com/bcom/eb/article/4/0...
http://www.britannica.com/bcom/eb/article/4/0...
http://www.wired.com/wired/archive/4.12/ffgla...
http://www.pretext.com/mar98/features/story3....
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Digital Subscriber Line (DSL)

DSL connections are high-speed data connections over copper wire telephone lines. As with cable connections, with DSL you can look up information on the Internet and make a phone call at the same time but you do not need to have a new or additional cable or line installed. One of the most prominent DSL services is ISDN (integrated services digital network, for more information click here ( http://www.britannica.com/bcom/eb/article/4/0,5716,129614+15,00.html )).

http://www.britannica.com/bcom/eb/article/4/0...
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Internet Exchanges

Internet exchanges are intersecting points between major networks.

List of the World's Public Internet exchanges (http://www.ep.net)

http://www.ep.net/
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Intelsat

Intelsat, the world's biggest communication satellite services provider, is still mainly owned by governments, but will be privatised during 2001, like Eutelsat. A measure already discussed 1996 at an OECD competition policy roundtable in 1996. Signatory of the Intelsat treaty for the United States of America is Comsat, a private company listed on the New York Stock Exchange. Additionally Comsat is one of the United Kingdom's signatories. Aggregated, Comsat owns about 20,5% of Intelsat already and is Intelsat's biggest shareholder. In September 1998 Comsat agreed to merge with Lockheed Martin. After the merger, Lockheed Martin will hold at least 49% of Comsat share capital.

http://www.intelsat.int/index.htm

http://www.eutelsat.org/
http://www.oecd.org//daf/clp/roundtables/SATS...
http://www.comsat.com/
http://www.nyse.com/
http://www.comsat.com/
http://www.comsat.com/
http://www.comsat.com/
http://www.comsat.com/
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Backbone Networks

Backbone networks are central networks usually of very high bandwidth, that is, of very high transmitting capacity, connecting regional networks. The first backbone network was the NSFNet run by the National Science Federation of the United States.

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