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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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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Internet services The Internet can be used in in different ways: for distributing and retrieving information, for one-to-one, one-to-many and many-to-many communication, and for the access services. Accordingly, there are different services on offer. The most important of these are listed below. Telnet FTP (File Transfer Protocol) Electronic Messaging (E-Mail) World Wide Web (WWW) Bulletin Board Systems (BBS) Electronic Data Interchange (EDI) Internet Relay Chat (IRC) Multiple User Dimensions (MUDs) Gopher

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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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Intellectual Property and the "Information Society" Metaphor Today the talk about the so-called "information society" is ubiquitous. By many it is considered as the successor of the industrial society and said to represent a new form of societal and economical organization. This claim is based on the argument, that the information society uses a new kind of resource, which fundamentally differentiates from that of its industrial counterpart. Whereas industrial societies focus on physical objects, the information society's raw material is said to be knowledge and information. Yet the conception of the capitalist system, which underlies industrial societies, also continues to exist in an information-based environment. Although there have been changes in the forms of manufacture, the relations of production remain organized on the same basis. The principle of property. In the context of a capitalist system based on industrial production the term property predominantly relates to material goods. Still even as in an information society the raw materials, resources and products change, the concept of property persists. It merely is extended and does no longer solely consider physical objects as property, but also attempts to put information into a set of property relations. This new kind of knowledge-based property is widely referred to as "intellectual property". Although intellectual property in some ways represents a novel form of property, it has quickly been integrated in the traditional property framework. Whether material or immaterial products, within the capitalist system they are both treated the same - as property.

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Writing Writing and calculating came into being at about the same time. The first pictographs carved into clay tablets are used for administrative purposes. As an instrument for the administrative bodies of early empires, who began to rely on the collection, storage, processing and transmission of data, the skill of writing was restricted to a few. Being more or less separated tasks, writing and calculating converge in today's computers. Letters are invented so that we might be able to converse even with the absent, says Saint Augustine. The invention of writing made it possible to transmit and store information. No longer the ear predominates; face-to-face communication becomes more and more obsolete for administration and bureaucracy. Standardization and centralization become the constituents of high culture and vast empires as Sumer and China.

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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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RIPE The RIPE Network Coordination Centre (RIPE NCC) is one of three Regional Internet Registries (RIR), which exist in the world today, providing allocation and registration services which support the operation of the Internet globally, mainly the allocation of IP address space for Europe. http://www.ripe.net

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CIA CIA's mission is to support the President, the National Security Council, and all officials who make and execute U.S. national security policy by: Providing accurate, comprehensive, and timely foreign intelligence on national security topics; Conducting counterintelligence activities, special activities, and other functions related to foreign intelligence and national security, as directed by the President. To accomplish its mission, the CIA engages in research, development, and deployment of high-leverage technology for intelligence purposes. As a separate agency, CIA serves as an independent source of analysis on topics of concern and works closely with the other organizations in the Intelligence Community to ensure that the intelligence consumer--whether Washington policymaker or battlefield commander--receives the adaequate intelligence information. http://www.cia.gov

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William Gibson American science fiction author. Most famous novel: Neuromancer. For resources as writings and interviews available on the Internet see http://www.lib.loyno.edu/bibl/wgibson.htm

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IIPA The International Intellectual Property Alliance formed in 1984 is a private sector coalition and represents the U.S. copyright-based industries. It is comprised of seven trade associations: Association of American Publishers, AFMA, Business Software Alliance, Interactive Digital Software Association, Motion Picture Association of America, National Music Publishers' Association and Recording Industry Association of America. IIPA and its member's track copyright legislative and enforcement developments in over 80 countries and aim at a legal and enforcement regime for copyright that deters piracy. On a national level IIPA cooperates with the U.S. Trade Representative and on the multilateral level has been involved in the development of the TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement of the WTO (World Trade Organization) and also participates in the copyright discussion of the WIPO (World Intellectual Property Organization).

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