The Piracy "Industry" Until recent years, the problem of piracy (the unauthorized reproduction or distribution of copyrighted works (for commercial purposes)) was largely confined to the copying and physical distribution of tapes, disks and CDs. Yet the emergence and increased use of global data networks and the WWW has added a new dimension to the piracy of This new development, often referred to as Internet piracy, broadly relates to the use of global data networks to 1) transmit and download digitized copies of pirated works, 2) advertise and market pirated intellectual property that is delivered on physical media through the mails or other traditional means, and 3) offer and transmit codes or other technologies which can be used to circumvent Lately the Table: IIPA 1998 - 1999 Estimated Trade Loss due to Copyright Piracy (in millions of US$)
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The Copyright Industry Copyright is not only about protecting the rights of creators, but has also become a major branch of industry with significant contributions to the global economy. According to the In an age where knowledge and information become more and more important and with the advancement of new technologies, transmission systems and distribution channels a further increase in the production of | |||||||||||||||||||||||||||||||||||
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Virtual body and data body The result of this informatisation is the creation of a virtual body which is the exterior of a man or woman's social existence. It plays the same role that the physical body, except located in virtual space (it has no real location). The virtual body holds a certain emancipatory potential. It allows us to go to places and to do things which in the physical world would be impossible. It does not have the weight of the physical body, and is less conditioned by physical laws. It therefore allows one to create an identity of one's own, with much less restrictions than would apply in the physical world. But this new freedom has a price. In the shadow of virtualisation, the data body has emerged. The data body is a virtual body which is composed of the files connected to an individual. As the The virtual character of the data body means that social regulation that applies to the real body is absent. While there are limits to the manipulation and exploitation of the real body (even if these limits are not respected everywhere), there is little regulation concerning the manipulation and exploitation of the data body, although the manipulation of the data body is much easier to perform than that of the real body. The seizure of the data body from outside the concerned individual is often undetected as it has become part of the basic structure of an informatised society. But data bodies serve as raw material for the "New Economy". Both business and governments claim access to data bodies. Power can be exercised, and democratic decision-taking procedures bypassed by seizing data bodies. This totalitarian potential of the data body makes the data body a deeply problematic phenomenon that calls for an understanding of data as social construction rather than as something representative of an objective reality. How data bodies are generated, what happens to them and who has control over them is therefore a highly relevant political question. | |||||||||||||||||||||||||||||||||||
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Identificaiton in history In biometric technology, the subject is reduced to its physical and therefore inseparable properties. The subject is a subject in so far as it is objectified; that is, in so far as is identified with its own res extensa, Descartes' "extended thing". The subject exists in so far as it can be objectified, if it resists the objectification that comes with measurement, it is rejected or punished. Biometrics therefore provides the ultimate tool for control; in it, the dream of hermetic identity control seems to become a reality, a modern technological reconstruction of traditional identification techniques such as the handshake or the look into somebody's eyes. The use of identification by states and other institutions of authority is evidently not simply a modern phenomenon. The ancient Babylonians and Chinese already made use of finger printing on clay to identify authors of documents, while the Romans already systematically compared handwritings. Body measurement has long been used by the military. One of the first measures after entering the military is the identification and appropriation of the body measurements of a soldier. These measurements are filed and combined with other data and make up what today we would call the soldier's data body. With his data body being in possession of the authority, a soldier is no longer able freely socialise and is instead dependent on the disciplinary structure of the military institution. The soldier's social being in the world is defined by the military institution. However, the military and civilian spheres of modern societies are no longer distinct entities. The very ambivalence of advanced technology (dual use technologies) has meant that "good" and "bad" uses of technology can no longer be clearly distinguished. The measurement of physical properties and the creation of data bodies in therefore no longer a military prerogative, it has become diffused into all areas of modern societies. If the emancipatory potential of weak identities is to be of use, it is therefore necessary to know how biometric technologies work and what uses they are put to. | |||||||||||||||||||||||||||||||||||
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Biometrics applications: privacy issues All biometric technologies capture biometric data from individuals. Once these date have been captured by a system, they can, in principle, be forwarded to other locations and put to many different uses which are capable of compromising on an individuals privacy. Technically it is easy to match biometric data with other personal data stored in government or corporate files, and to come a step closer to the counter-utopia of the transparent citizen and customer whose data body is under outside control. While biometric technologies are often portrayed as protectors of personal data and safeguards against identity theft, they can thus contribute to an advance in "Big Brother" technology. The combination of personalised data files with biometric data would amount to an enormous control potential. While nobody in government and industry would admit to such intentions, leading data systems companies such as EDS (Electronic Data Systems; Biometric technologies have the function of identification. Historically, identification has been a prerequisite for the exercise of power and serves as a protection only to those who are in no conflict with this power. If the digitalisation of the body by biometric technologies becomes as widespread as its proponents hope, a new electronic feudal system could be emerging, in which people are reduced to subjects dispossessed of their to their bodies, even if these, unlike in the previous one, are data bodies. Unlike the gatekeepers of medieval towns, wear no uniforms by they might be identified; biometric technologies are pure masks. | |||||||||||||||||||||||||||||||||||
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Data bunkers Personal data are collected, appropriated, processed and used for commercial purposes on a global scale. In order for such a global system to operate smoothly, there a server nodes at which the data streams converge. Among the foremost of these are the data bases of credit card companies, whose operation has long depended on global networking. On top of credit card companies such as Visa, American Express, Master Card, and others. It would be erroneous to believe that the primary purpose of business of these companies is the provision of credit, and the facilitation of credit information for sale transactions. In fact, Information means much more than just credit information. In an advertisement of 1982, American Express described itself in these terms: ""Our product is information ...Information that charges airline tickets, hotel rooms, dining out, the newest fashions ...information that grows money funds buys and sells equities ...information that pays life insurance annuities ...information that schedules entertainment on cable television and electronically guards houses ...information that changes kroners into guilders and figures tax rates in Bermuda ..." Information has become something like the gospel of the New Economy, a doctrine of salvation - the life blood of society, as Bill Gates expresses it. But behind information there are always data that need to be generated and collected. Because of the critical importance of data to the economy, their possession amounts to power and their loss can cause tremendous damage. The data industry therefore locates its data warehouses behind fortifications that bar physical or electronic access. Such structures are somewhat like a digital reconstruction of the medieval fortress Large amounts of data are concentrated in fortress-like structures, in data bunkers. As the | |||||||||||||||||||||||||||||||||||
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Definition During the last 20 years the old "Digital divide" describes the fact that the world can be divided into people who do and people who do not have access to (or the education to handle with) modern information technologies, e.g. cellular telephone, television, Internet. This digital divide is concerning people all over the world, but as usually most of all people in the formerly so called third world countries and in rural areas suffer; the poor and less-educated suffer from that divide. More than 80% of all computers with access to the Internet are situated in larger cities. "The cost of the information today consists not so much of the creation of content, which should be the real value, but of the storage and efficient delivery of information, that is in essence the cost of paper, printing, transporting, warehousing and other physical distribution means, plus the cost of the personnel manpower needed to run these `extra' services ....Realizing an autonomous distributed networked society, which is the real essence of the Internet, will be the most critical issue for the success of the information and communication revolution of the coming century of millennium." (Izumi Aizi) for more information see: | |||||||||||||||||||||||||||||||||||
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Basics: Protected Persons Generally copyright vests in the author of the work. Certain national laws provide for exceptions and, for example, regard the employer as the original owner of a copyright if the author was, when the work was created, an employee and employed for the purpose of creating that work. In the case of some types of creations, particularly audiovisual works, several national laws provide for different solutions to the question that should be the first holder of copyright in such works. Many countries allow copyright to be assigned, which means that the owner of the copyright transfers it to another person or entity, which then becomes its holder. When the national law does not permit assignment it usually provides the possibility to license the work to someone else. Then the owner of the copyright remains the holder, but authorizes another person or entity to exercise all or some of his rights subject to possible limitations. Yet in any case the " | |||||||||||||||||||||||||||||||||||
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Transparent customers. Direct marketing online This process works even better on the Internet because of the latter's interactive nature. "The Internet is a dream to direct marketers", said Wil Lansing, CEO of the American retailer Many web sites also are equipped with One frequent way of obtaining such personal information of a user is by offering free web mail accounts offered by a great many companies, internet providers and web portals (e.g. However, the intention of collecting users personal data and create consumer profiles based on online behaviour can also take on more creative and playful forms. One such example is The particular way in which sites such as sixdegrees.com and others are structured mean that not only to users provide initial information about them, but also that this information is constantly updated and therefore becomes even more valuable. Consequently, many free online services or web mail providers cancel a user's account if it has not been uses for some time. There are also other online services which offer free services in return for personal information which is then used for marketing purposes, e.g. Yahoo's A further way of collecting consumer data that has recently become popular is by offering free PCs. Users are provided with a PC for free or for very little money, and in return commit themselves to using certain services rather than others (e.g. a particular internet provider), providing information about themselves, and agree to have their online behaviour monitored by the company providing the PC, so that accurate user profiles can be compiled. For example, the A good inside view of the world of direct marketing can be gained at the website of the | |||||||||||||||||||||||||||||||||||
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Intellectual Property: A Definition Intellectual property, very generally, relates to the output, which result from intellectual activity in the industrial, scientific, literary and artistic fields. Traditionally intellectual property is divided into two branches: 1) Industrial Property a) b) c) d) Unfair competition (trade secrets) e) Geographical indications (indications of source and appellations of origin) 2) Copyright The protection of intellectual property is guaranteed through a variety of laws, which grant the creators of intellectual goods, and services certain time-limited rights to control the use made of their products. Those rights apply to the intellectual creation as such, and not to the physical object in which the work may be embodied. | |||||||||||||||||||||||||||||||||||
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Linking and Framing: Cases Mormon Church v. Sandra and Jerald Tanner In a ruling of December 1999, a federal judge in Utah temporarily barred two critics of the Mormon Church from posting on their website the Internet addresses of other sites featuring pirated copies of a Mormon text. The Judge said that it was likely that Sandra and Jerald Tanner had engaged in contributory copyright infringement when they posted the addresses of three Web sites that they knew, or should have known, contained the copies. Kaplan, Carl S.: Universal Studios v. Movie-List The website Movie-List, which features links to online, externally hosted movie trailers has been asked to completely refrain from linking to any of Universal Studio's servers containing the trailers as this would infringe copyright. Cisneros, Oscar S.: Universal: Don't Link to Us. In: More cases concerned with the issue of linking, Ross, Alexandra: Copyright Law and the Internet: | |||||||||||||||||||||||||||||||||||
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Databody convergence In the phrase "the rise of the citizen as a consumer", to be found on the When the citizen becomes a consumer, the state must become a business. In the data body business, the key word behind this new identity of government is "outsourcing". Functions, that are not considered core functions of government activity are put into the hands of private contractors. There have long been instances where privately owned data companies, e.g. credit card companies, are allowed access to public records, e.g. public registries or electoral rolls. For example, in a normal credit card transaction, credit card companies have had access to public records in order to verify identity of a customer. For example, in the UK citizen's personal data stored on the Electoral Roll have been used for commercial purposes for a long time. The new British Data Protection Act now allows people to "opt out" of this kind of commercialisation - a legislation that has prompted protests on the part of the data industry: While this may serve as an example of an increased public awareness of privacy issues, the trend towards outsourcing seems to lead to a complete breakdown of the barriers between commercial and public use of personal data. This trend can be summarised by the term "outsourcing" of government functions. Governments increasingly outsource work that is not considered core function of government, e.g. cooking meals in hospitals or mowing lawns in public parks. Such peripheral activities marked a first step of outsourcing. In a further step, governmental functions were divided between executive and judgemental functions, and executive functions increasingly entrusted to private agencies. For these agencies to be able to carry out the work assigned to them, the need data. Data that one was stored in public places, and whose handling was therefore subject to democratic accountability. Outsourcing has produced gains in efficiency, and a decrease of accountability. Outsourced data are less secure, what use they are put to is difficult to control. The world's largest data corporation, Technically the linking of different systems is already possible. It would also create more efficiency, which means generate more income. The question, then, whether democracy concerns will prevent it from happening is one that is capable of creating But what the EDS example shows is something that applies everywhere, and that is that the data industry is whether by intention or whether by default, a project with profound political implications. The current that drives the global economy deeper and deeper into becoming a global data body economy may be too strong to be stopped by conventional means. However, the convergence of political and economic data bodies also has technological roots. The problem is that politically motivated surveillance and economically motivated data collection are located in the same area of information and communication technologies. For example, monitoring internet use requires more or less the same technical equipment whether done for political or economic purposes. Data mining and data warehousing techniques are almost the same. Creating transparency of citizens and customers is therefore a common objective of intelligence services and the data body industry. Given that data are exchanged in electronic networks, a compatibility among the various systems is essential. This is another factor that encourages "leaks" between state-run intelligence networks and the private data body business. And finally, given the secretive nature of state intelligence and commercial data capturing , there is little transparency. Both structures occupy an opaque zone. | |||||||||||||||||||||||||||||||||||
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Bureaucratic data bunkers Among the foremost of the data bunkers government bureaucracies. Bureaucracies are the oldest forms of bunkers and are today deeply engrained in modern societies. Bureaucracies have always had the function of collecting and administering the data of subjects. What make this process more problematic in the age of ICT is that a lot more data can be collected, they can be collected in clandestine ways (e.g. in surveillance situations), and the can be combined and merged using advanced data mining technologies. In addition, there is a greater rationale for official data collecting, as a lot more data is required for the functioning of public administration as in previous periods, as societies rush to adopt increasingly complex technologies, above all ICTs. The increasing complexity of modern societies means that an increasing number of bureaucratic decision is taken, all of which require a calculation process. Complexity, viewed through government spectacles, generates insecurity - a great deal of the bureaucratic activity therefore revolves around the topic of security. In spite of the anti-bureaucratic rhetoric of most governments, these factors provides the bureaucracies with an increased hold on society. Foremost bureaucratic data bunkers include the following:
Fiscal agencies Intelligence agencies Social welfare agencies Social insurance institutions Public health agencies Educational institutions These are agencies that enjoy the privileged protection of the state. Those among them that operate in the field of security are further protected against public scrutiny, as they operate in an area to which democratic reason has no access. What makes the data repositories of these institutions different from private data bunkers is their "official", i.e. their politically binding and definitive character. | |||||||||||||||||||||||||||||||||||
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Challenges for Copyright by ICT: Internet Service Providers ISPs (Internet Service Providers) (and to a certain extent also telecom operators) are involved in the copyright debate primarily because of their role in the transmission and storage of digital information. Problems arise particularly concerning Caching Caching it is argued could cause damage because the copies in the cache are not necessarily the most current ones and the delivery of outdated information to users could deprive website operators of accurate "hit" information (information about the number of requests for a particular material on a website) from which advertising revenue is frequently calculated. Similarly harms such as defamation or infringement that existed on the original page may propagate for years until flushed from each cache where they have been replicated. Although different concepts, similar issues to caching arise with mirroring (establishing an identical copy of a website on a different server), archiving (providing a historical repository for information, such as with newsgroups and mailing lists), and full-text indexing (the copying of a document for loading into a full-text or nearly full-text database which is searchable for keywords or concepts). Under a literal reading of some copyright laws caching constitutes an infringement of copyright. Yet recent legislation like the Information Residing on Systems or Networks at the Direction of Users ISPs may be confronted with problems if infringing material on websites (of users) is hosted on their systems. Although some copyright laws like the DMCA provide for limitations on the liability of ISPs if certain conditions are met, it is yet unclear if ISPs should generally be accountable for the storage of infringing material (even if they do not have actual knowledge) or exceptions be established under specific circumstances. Transitory Communication In the course of transmitting digital information from one point on a network to another ISPs act as a data conduit. If a user requests information ISPs engage in the transmission, providing of a connection, or routing thereof. In the case of a person sending infringing material over a network, and the ISP merely providing facilities for the transmission it is widely held that they should not be liable for infringement. Yet some copyright laws like the DMCA provide for a limitation (which also covers the intermediate and transient copies that are made automatically in the operation of a network) of liability only if the ISPs activities meet certain conditions. For more information on copyright ( Harrington, Mark E.: On-line Copyright Infringement Liability for Internet Service Providers: Context, Cases & Recently Enacted Legislation. In: Teran, G.: | |||||||||||||||||||||||||||||||||||
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Individualized Audience Targeting New opportunities for online advertisers arise with the possibility of one-to-one Web applications. Software agents for example promise to "register, recognize and manage end-user profiles; create personalized communities on-line; deliver personalized content to end-users and serve highly targeted advertisements". The probably ultimate tool for advertisers. Although not yet widely used, companies like | |||||||||||||||||||||||||||||||||||
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Private data bunkers On the other hand are the data bunkers of the private sector, whose position is different. Although these are fast-growing engines of data collection with a much greater degree of dynamism, they may not have the same privileged position - although one has to differentiate among the general historical and social conditions into which a data bunker is embedded. For example, it can safely be assumed that the databases of a large credit card company or bank are more protected than the bureaucracies of small developing countries. Private data bunkers include
Credit bureaus Credit card companies Direct marketing companies Insurance companies Telecom service providers Mail order stores Online stores | |||||||||||||||||||||||||||||||||||
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Atrocity Stories Atrocity stories are nothing else than lies; the two words "atrocity stories" simply pretend to be more diplomatic. The purpose is to destroy an image of the enemy, to create a new one, mostly a bad one. The story creating the image is not necessarily made up completely. It can also be a changed into a certain variable direction. The most important thing about atrocity stories is to follow the line of possibility. Even if the whole story is made up it must be probable or at least possible, following rumors. Most successful might it be if a rumor is spread on purpose, some time before the atrocity story is launched, because as soon as something seems to be familiar, it is easier to believe it. | |||||||||||||||||||||||||||||||||||
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Economic structure; transparent customers Following the dynamics of informatised economies, the consumption habits and lifestyles if customers are of great interest. New technologies make it possible to store and combine collected data of an enormous amount of people. User profiling helps companies understand what potential customers might want. Often enough, such data collecting takes place without the customer's knowledge and amounts to spying. "Much of the information collection that occurs on the Internet is invisible to the consumer, which raises serious questions of fairness and informed consent." (David Sobel, Electronic Privacy Information Center) | |||||||||||||||||||||||||||||||||||
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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 Enlarge Copyright Realizing the growing economic importance of intellectual property, especially the holders of copyright (in particular the big publishing, distribution and other | |||||||||||||||||||||||||||||||||||
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Challenges for Copyright by ICT: Copyright Owners The main concern of copyright owners as the (in terms of Reproduction and Distribution Unlike copies of works made using analog copiers (photocopy machines, video recorders etc.) digital information can be reproduced extremely fast, at low cost and without any loss in quality. Since each copy is a perfect copy, no quality-related limits inhibit pirates from making as many copies as they please, and recipients of these copies have no incentive to return to authorized sources to get another qualitatively equal product. Additionally the costs of making one extra copy of intellectual property online are insignificant, as are the distribution costs if the copy is moved to the end user over the Internet. Control and Manipulation In cross-border, global data networks it is almost impossible to control the exploitation of protected works. Particularly the use of anonymous remailers and other existing technologies complicates the persecution of pirates. Also digital files are especially vulnerable to manipulation, of the work itself, and of the (in some cases) therein-embedded | |||||||||||||||||||||||||||||||||||
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Problems of Copyright Management and Control Technologies Profiling and Data Mining At their most basic 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 Provisions concerning technological protection measures and fair use are stated in the | |||||||||||||||||||||||||||||||||||
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Clipper Chip The Clipper Chip is a cryptographic device proposed by the U.S. government that purportedly intended to protect private communications while at the same time permitting government agents to obtain the "keys" upon presentation of what has been vaguely characterized as "legal authorization." The "keys" are held by two government "escrow agents" and would enable the government to access the encrypted private communication. While Clipper would be used to encrypt voice transmissions, a similar chip known as Capstone would be used to encrypt data. The underlying cryptographic algorithm, known as Skipjack, was developed by the National Security Agency (NSA). | |||||||||||||||||||||||||||||||||||
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Xerxes Xerxes (~519-465 BC) was Persian King from 485-465 BC. He led his Army against the Greek but finally was defeated. He was the father of Alexander the Great. | |||||||||||||||||||||||||||||||||||
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News Corporation The News Corporation Ltd., a global media holding company, which governed News Limited (Australia), News International (U.K.), and News America Holdings Inc. (U.S.) was founded by the Australian-born newspaper publisher and media entrepreneur, Rupert Murdoch. Murdoch's corporate interests center on newspaper, magazine, book, and electronic publishing; television broadcasting; and film and video production, principally in the United States, the United Kingdom, and Australia. | |||||||||||||||||||||||||||||||||||
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Nero Nero's full name was Nero Claudius Caesar Augustus Germanicus (37-68 AD). Nero was Roman Emperor from 54-68 AD; during the first years in power he stood under the influence of his teacher | |||||||||||||||||||||||||||||||||||
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Binary number system In mathematics, the term binary number system refers to a positional numeral system employing 2 as the base and requiring only two different symbols, 0 and 1. The importance of the binary system to information theory and computer technology derives mainly from the compact and reliable manner in which data can be represented in electromechanical devices with two states--such as "on-off," "open-closed," or "go-no go." | |||||||||||||||||||||||||||||||||||
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Theoedore Roosevelt With the assassination of President McKinley, Theodore Roosevelt (1858-1919), not quite 43, became the youngest President in the Nation's history. Roosevelt's youth differed sharply from that of the log cabin Presidents. He was born in New York City in 1858 into a wealthy family. Roosevelt steered the United States more actively into world politics. He liked to quote a favorite proverb, "Speak softly and carry a big stick. . . . " He won the Nobel Peace Prize for mediating the Russo-Japanese War. for more information see the official website: | |||||||||||||||||||||||||||||||||||
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McCarthy Born in Grand Chute, Wisconsin, Joe McCarthy graduated from Marquette in 1935. In 1939, he won election as a circuit court judge. During World War II, he enlisted in the Marines and served in the Pacific. In 1944, he campaigned for senator but lost in the Republican primary. In 1946, he ran for Wisconsin's other senate seat. In a 1950 speech, McCarthy entered the public spotlight by claiming that communists had "infested" the State Department, dramatically waving a sheet of paper which purportedly contained the traitors' names. A special Senate committee investigated the charges and found them groundless. Unfazed, McCarthy used his position to wage a relentless anti-communist crusade, denouncing numerous public figures and holding a series of highly confrontational hearings, ruining the careers of many people. He died at the age of 49 of complications related to alcoholism. | |||||||||||||||||||||||||||||||||||
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Augustus Gaius Julius Caesar Octavian Augustus (63 BC - 14 AD) was adopted by | |||||||||||||||||||||||||||||||||||
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Kosov@ The "word" Kosov@ is a compromise between the Serb name KosovO and the Albanian KosovA. It is mostly used by international people who want to demonstrate a certain consciousness about the conflict including some sort of neutrality, believing that neither the one side nor the other (and maybe not even For more explanations (in German) see: | |||||||||||||||||||||||||||||||||||
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Disney American corporation that became the best-known purveyor of child and adult entertainment in the 20th century. Its headquarters are in Burbank, Calif. The company was founded in 1929 and produced animated motion-picture cartoons. In 1955 the company opened the Disneyland amusement park, one of the world's most famous. Under a new management, in the 1980s, Disney's motion-picture and animated-film production units became among the most successful in the United States. In 1996 the Disney corporation acquired Capital Cities/ABC Inc., which owned the ABC television network. The Disney Company also operates the Disney Channel, a pay television programming service. | |||||||||||||||||||||||||||||||||||
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Integrated circuit Also called microcircuit, the integrated circuit is an assembly of electronic components, fabricated as a single unit, in which active semiconductor devices ( | |||||||||||||||||||||||||||||||||||
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Bruce Schneier Bruce Schneier is president of Counterpane Systems in Minneapolis. This consulting enterprise specialized in cryptography and computer security. He is the author of the book Applied Cryptography and inventor of the Blowfish and Twofish encryption algorithms. | |||||||||||||||||||||||||||||||||||
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Philip M. Taylor Munitions of the Mind. A history of propaganda from the ancient world to the present era. Manchester 1995 (2nd ed.) This book gives a quite detailed insight on the tools and tasks of propaganda in European and /or Western history. Starting with ancient times the author goes up till the Gulf War and the meaning of propaganda today. In all those different eras propaganda was transporting similar messages, even when technical possibilities had not been fairly as widespread as today. Taylor's book is leading the reader through those different periods, trying to show the typical elements of each one. | |||||||||||||||||||||||||||||||||||
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