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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Positions Towards the Future of Copyright in the "Digital Age"
With the development of new transmission, distribution and publishing technologies and the increasing digitalization of information copyright has become the subject of vigorous debate. Among the variety of attitudes towards the future of traditional copyright protection two main tendencies can be identified:
Eliminate Copyright
Anti-copyrightists believe that any intellectual property should be in the public domain and available for all to use. "Information wants to be free" and copyright restricts people's possibilities concerning the utilization of digital content. An enforced copyright will lead to a further digital divide as copyright creates unjust monopolies in the basic commodity of the "information age". Also the increased ease of copying effectively obviates copyright, which is a relict of the past and should be expunged.
Enlarge Copyright
Realizing the growing economic importance of intellectual property, especially the holders of copyright (in particular the big publishing, distribution and other core copyright industries) - and therefore recipients of the royalties - adhere to the idea of enlarging copyright. In their view the basic foundation of copyright - the response to the need to provide protection to authors so as to give them an incentive to invest the time and effort required to produce creative works - is also relevant in a digital environment.
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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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Acessing the Internet
The Net connections can be based on wire-line and wireless access technolgies.
Usually several kinds of network connections are employed at once. Generally speaking, when an E-mail message is sent it travels from the user's computer via copper wires or coaxial cables ISDN lines, etc., to an Internet Service Provider, from there, via fibre-optic cables, to the nearest Internet exchange, and on into a backbone network, tunneling across the continent und diving through submarine fibre-optic cables across the Atlantic to another Internet exchange, from there, via another backbone network and across another regional network to the Internet Service Provider of the supposed message recipient, from there via cables and wires of different bandwidth arriving at its destination, a workstation permanently connected to the Internet. Finally a sound or flashing icon informs your virtual neighbor that a new message has arrived.
Satellite communication
Although facing competition from fiber-optic cables as cost-effective solutions for broadband data transmission services, the space industry is gaining increasing importance in global communications. As computing, telephony, and audiovisual technologies converge, new wireless technologies are rapidly deployed occupying an increasing market share and accelerating the construction of high-speed networks.
Privatization of satellite communication
Until recently transnational satellite communication was provided exclusively by intergovernmental organizations as Intelsat, Intersputnik and Inmarsat.
Scheduled privatization of intergovernmental satellite consortia:
Satellite consortia
| Year of foundation
| Members
| Scheduled date for privatization
| Intelsat
| 1964
| 200 nations under the leadership of the USA
| 2001
| Intersputnik
| 1971
| 23 nations under the leadership of Russia
| ?
| Inmarsat
| 1979
| 158 nations (all members of the International Maritime Organization)
| privatized since 1999
| Eutelsat
| 1985
| Nearly 50 European nations
| 2001
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When Intelsat began to accumulate losses because of management failures and the increasing market share of fiber-optic cables, this organizational scheme came under attack. Lead by the USA, the Western industrialized countries successfully pressed for the privatization of all satellite consortia they are members of and for competition by private carriers.
As of February 2000, there are 2680 satellites in service. Within the next four years a few hundred will be added by the new private satellite systems. Most of these systems will be so-called Low Earth Orbit satellite systems, which are capable of providing global mobile data services on a high-speed level at low cost.
Because of such technological improvements and increasing competition, experts expect satellite-based broadband communication to be as common, cheap, and ubiquitous as satellite TV today within the next five or ten years.
Major satellite communication projects
Project name
| Main investors
| Expected cost
| Number of satellites
| Date of service start-up
| Astrolink
| Lockheed Martin, TRW, Telespazio, Liberty Media Group
| US$ 3.6 billion
| 9
| 2003
| Globalstar
| 13 investors including Loral Space & Communications, Qualcomm, Hyundai, Alcatel, France Telecom, China Telecom, Daimler Benz and Vodafone/Airtouch
| US$ 3.26 billion
| 48
| 1998
| ICO
| 57 investors including British Telecom, Deutsche Telecom, Inmarsat, TRW and Telefonica
| US$ 4.5 billion
| 10
| 2001
| Skybridge
| 9 investors including Alcatel Space, Loral Space & Communications, Toshiba, Mitsubishi and Sharp
| US$ 6.7 billion
| 80
| 2002
| Teledesic
| Bill Gates, Craig McCaw, Prince Alwaleed Bin Talal Bin Abdul Aziz Alsaud, Abu Dhabi Investment Company
| US$ 9 billion
| 288
| 2004
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Source: Analysys Satellite Communications Database
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Problems of Copyright Management and Control Technologies
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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Calculator
Calculators are machines for automatically performing arithmetical operations and certain mathematical functions. Modern calculators are descendants of a digital arithmetic machine devised by Blaise Pascal in 1642. Later in the 17th century, Gottfried Wilhelm von Leibniz created a more advanced machine, and, especially in the late 19th century, inventors produced calculating machines that were smaller and smaller and less and less laborious to use.
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 INDEXCARD, 1/5
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Convergence, 2000-
Digital technologies are used to combine previously separated communication and media systems as telephony, audiovisual technologies and computing to new services and technologies, thus forming extensions of existing communication systems and resulting in fundamentally new communication systems. This is what is meant by today's new buzzwords "multimedia" and "convergence".
Classical dichotomies as the one of computing and telephony and traditional categorisations no longer apply, because these new services no longer fit traditional categories.
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INDEXCARD, 2/5
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Industrial design
Industrial design refers to the ornamental aspect of a useful article which may constitute of two or three-dimensional elements. To be qualified for intellectual property protection the design must be novel or original. Protection can be obtained through registration in a government office and usually is given for 10 to 15 years.
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INDEXCARD, 3/5
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International Standardization Organization
ISO (International Organization for Standardization), founded in 1946, is a worldwide federation of national standards bodies from some 100 countries, one from each country. Among the standards it fosters is Open Systems Interconnection (OSI), a universal reference model for communication protocols. Many countries have national standards organizations that participate in and contribute to ISO standards making.
http://www.iso.ch
Source: Whatis.com
 http://www.iso.ch/
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INDEXCARD, 4/5
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Bulletin Board Systems
A BBS (bulletin board system) is a computer that can be reached by computer modem dialing (you need to know the phone number) or, in some cases, by Telnet for the purpose of sharing or exchanging messages or other files. Some BBSs are devoted to specific interests; others offer a more general service. The definitive BBS List says that there are 40,000 BBSs worldwide.
Bulletin board systems originated and generally operate independently of the Internet.
Source: Whatis.com
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INDEXCARD, 5/5
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