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Problems of Copyright Management and Control Technologies |
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Profiling and Data Mining
At their most basic  copyright management and control technologies might simply be used to provide pricing information, negotiate the purchase transaction, and release a copy of a work for downloading to the customer's computer. Still, from a technological point of view, such systems also have the capacity to be employed for digital monitoring. Copyright owners could for example use the transaction records generated by their copyright management systems to learn more about their customers. Profiles, in their crudest form consisting of basic demographic information, about the purchasers of copyrighted material might be created. Moreover copyright owners could use search agents or complex data mining techniques to gather more information about their customers that could either be used to market other works or being sold to third parties.
Fair Use
Through the widespread use of copyright management and control systems the balance of control could excessively be shifted in favor of the owners of intellectual property. The currently by copyright law supported practice of fair use might potentially be restricted or even eliminated. While information in analogue form can easily be reproduced, the protection of digital works through copyright management systems might complicate or make impossible the copying of material for purposes, which are explicitly exempt under the doctrine of fair use.
Provisions concerning technological protection measures and fair use are stated in the DMCA, which provides that "Since copying of a work may be a fair use under appropriate circumstances, section 1201 does not prohibit the act of circumventing a technological measure that prevents copying. By contrast, since the fair use doctrine is not a defense e to the act of gaining unauthorized access to a work, the act of circumventing a technological measure in order to gain access is prohibited." Also the proposed EU Directive on copyright and related rights in the information society contains similar clauses. It distinguishes between the circumvention of technical protection systems for lawful purposes (fair use) and the circumvention to infringe copyright. Yet besides a still existing lack of legal clarity also very practical problems arise. Even if the circumvention of technological protection measures under fair use is allowed, how will an average user without specialized technological know-how be able to gain access or make a copy of a work? Will the producers of copyright management and control systems provide fair use versions that permit the reproduction of copyrighted material? Or will users only be able to access and copy works if they hold a digital "fair use license" ("fair use licenses" have been proposed by Mark Stefik, whereby holders of such licenses could exercise some limited "permissions" to use a digital work without a fee)?
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ARPAnet
ARPAnet was the small network of individual computers connected by leased lines that marked the beginning of today's global data networks. Being an experimental network mainly serving the purpose to test the feasibility of wide area networks, the possibility of remote computing, it was created for resource sharing between research institutions, not for messaging services like E-mail. Although research was sponsored by US military, ARPAnet was not designed for directly martial use but to support military-related research.
In 1969 ARPANET went online and links the first two computers, one of them located at the University of California, Los Angeles, the other at the Stanford Research Institute.
But ARPAnet has not become widely accepted before it was demonstrated in action to a public of computer experts at the First International Conference on Computers and Communication in Washington, D. C. in 1972.
Before it was decommissioned in 1990, NSFnet, a network of scientific and academic computers funded by the National Science Foundation, and a separate new military network went online in 1986. In 1988 the first private Internet service providers offered a general public access to NSFnet. Beginning in 1995, after having become the backbone of the Internet in the USA, NSFnet was turned over to a consortium of commercial backbone providers. This and the launch of the World Wide Web added to the success of the global data network we call the Net.
In the USA commercial users already outnumbered military and academic users in 1994.
Despite the rapid growth of the Net, most computers linked to it are still located in the United States.
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