Copyright Management and Control Systems: Post-Infringement Post-infringement technologies allow the owners of copyrighted works to identify infringements and thus enhance enforcement of intellectual property rights and encompass systems such as: Steganography Applied to electronic files, steganography refers to the process of hiding information in files that can not be easily detected by users. Steganography can be used by intellectual property owners in a variety of ways. One is to insert into the file a "digital watermark" which can be used to prove that an infringing file was the creation of the copyright holder and not the pirate. Other possibilities are to encode a unique serial number into each authorized copy or file, enabling the owner to trace infringing copies to a particular source, or to store copyright management information. Agents Agents are programs that can implement specified commands automatically. Copyright owners can use agents to search the public spaces of the Internet to find infringing copies. Although the technology is not yet very well developed full-text search engines allow similar uses. Copyright Litigation While not every infringement will be the subject of litigation, the threat of litigation helps keep large pirate operations in check. It helps copyright owners obtain relief for specific acts of infringement and publicly warns others of the dangers of infringement.

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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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History: European Tradition Only in Roman times the first rights referring to artistic works appeared. Regulations resembling a lasting exclusive right to copy did not occur until the 17th century. Before copyright was a private arrangement between guilds able to reproduce copies in commercial quantities. In France and Western European countries "droits d'auteur" or author's rights is the core of what in the Anglo-American tradition is called copyright. Such rights are rooted in the republican revolution of the late 18th century, and the Rights of Man movement. Today in the European system the creator is front and center; later exploiters are only secondary players. France During the 18th century France gradually lost the ability to restrict intellectual property. Before the Revolution, all books, printers and booksellers had to have a royal stamp of approval, called a "privilege". In return for their lucrative monopoly, the French guild of printers and booksellers helped the police to suppress anything that upset royal sensibilities or ran contrary to their interests. Still there were also a whole lot of underground printers who flooded the country with pirated, pornographic and seditious literature. And thousands of writers, most at the edge of starvation. In 1777 the King threatened the monopoly by reducing the duration of publisher's privileges to the lifetime of the authors. Accordingly a writer's work would go into the public domain after his death and could be printed by anyone. The booksellers fought back by argumenting that, no authority could take their property from them and give it to someone else. Seven months later, in August 1789, the revolutionary government ended the privilege system and from that time on anyone could print anything. Early in 1790 Marie-Jean-Antoine-Nicolas de Caritat, Marquis de Condorcet proposed giving authors power over their own work lasting until ten years after their deaths. The proposal - the basis for France's first modern copyright law - passed in 1793.

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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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Louis XIV. Louis XIV. (1643-1715) became King of France when he was still a young boy. He centralized all the state's power to the crown and created a state of absolutism. In this respect Louis' most famous sentence was: L'état c'est moi. (= The state am I). During his reign the most talented and respectable men in art as well as in philosophy and policy worked for the monarchy. His favor for luxury and the steady wars with other European empires ruined the state morally and financially, but for the history he is still called Roi Soleil (King of the Sun).

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1896 1896 The Daily Mail was published in Great Britain. It was the first newspaper for the masses. With the emerging of newspapers the manner how politics was perceived by the public changed completely. It became more difficult to keep secrets, while at the same time there was suddenly a new and nearly perfect tool for manipulation.

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UNIVAC Built by Remington Rand in 1951 the UNIVAC I (Universal Automatic Computer) was one of the first commercially available computers to take advantage of the development of the central processing unit (CPU). Both the U.S. Census bureau and General Electric owned UNIVACs. Speed: 1,905 operations per second; input/output: magnetic tape, unityper, printer; memory size: 1,000 12-digit words in delay line; technology: serial vacuum tubes, delay lines, magnetic tape; floor space: 943 cubic feet; cost: F.O.B. factory U.S.$ 750,000 plus U.S.$ 185,000 for a high speed printer.

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Edward Herman Edward S. Herman is Professor Emeritus in Finance, Wharton School, University of Pennsylvania. Author of several books like The Myth of the Liberal Media: An Edward Herman Reader or Manufacturing Consent: The Political Economy of the Mass Media (he wrote that book - and others - together with Noam Chomsky).

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