Basics: Infringement and Fair Use

The rights of a copyright holder are infringed when one of the acts requiring the authorization of the owner is done by someone else without his consent. In the case of copyright infringement or the violation of neighboring rights the remedies for the copyright owner consist of civil redress. The unauthorized copying of protected works for commercial purposes and the unauthorized commercial dealing in copied material is usually referred to as "piracy".

Yet copyright laws also provide that the rights of copyright owners are subject to the doctrine of "fair use". That allows the reproduction and use of a work, notwithstanding the rights of the author, for limited purposes such as criticism, comment, news reporting, teaching, and research. Fair use may be described as the privilege to use the copyrighted material in a reasonable manner without the owner's consent. To determine whether a use is fair or not most copyright laws consider:

- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes (usually certain types of educational copying are allowed)

- the nature of the copyrighted work (mostly originals made for commercial reasons are less protected than their purely artistic counterparts)

- the amount and substantiality of the portion used in relation to the copyrighted work as a whole

- the effect of the use upon the potential market for or value of the copyrighted work (as a general rule copying may be permitted if it is unlikely to cause economic harm to the original author)

Examples of activities that may be excused as fair use include: providing a quotation in a book review; distributing copies of a section of an article in class for educational purposes; and imitating a work for the purpose of parody or social commentary.

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In Search of Reliable Internet Measurement Data

Newspapers and magazines frequently report growth rates of Internet usage, number of users, hosts, and domains that seem to be beyond all expectations. Growth rates are expected to accelerate exponentially. However, Internet measurement data are anything thant reliable and often quite fantastic constructs, that are nevertheless jumped upon by many media and decision makers because the technical difficulties in measuring Internet growth or usage are make reliable measurement techniques impossible.

Equally, predictions that the Internet is about to collapse lack any foundation whatsoever. The researchers at the Internet Performance Measurement and Analysis Project (IPMA) compiled a list of news items about Internet performance and statistics and a few responses to them by engineers.

Size and Growth

In fact, "today's Internet industry lacks any ability to evaluate trends, identity performance problems beyond the boundary of a single ISP (Internet service provider, M. S.), or prepare systematically for the growing expectations of its users. Historic or current data about traffic on the Internet infrastructure, maps depicting ... there is plenty of measurement occurring, albeit of questionable quality", says K. C. Claffy in his paper Internet measurement and data analysis: topology, workload, performance and routing statistics (http://www.caida.org/Papers/Nae/, Dec 6, 1999). Claffy is not an average researcher; he founded the well-known Cooperative Association for Internet Data Analysis (CAIDA).

So his statement is a slap in the face of all market researchers stating otherwise.
In a certain sense this is ridiculous, because since the inception of the ARPANet, the offspring of the Internet, network measurement was an important task. The very first ARPANet site was established at the University of California, Los Angeles, and intended to be the measurement site. There, Leonard Kleinrock further on worked on the development of measurement techniques used to monitor the performance of the ARPANet (cf. Michael and Ronda Hauben, Netizens: On the History and Impact of the Net). And in October 1991, in the name of the Internet Activities Board Vinton Cerf proposed guidelines for researchers considering measurement experiments on the Internet stated that the measurement of the Internet. This was due to two reasons. First, measurement would be critical for future development, evolution and deployment planning. Second, Internet-wide activities have the potential to interfere with normal operation and must be planned with care and made widely known beforehand.
So what are the reasons for this inability to evaluate trends, identity performance problems beyond the boundary of a single ISP? First, in early 1995, almost simultaneously with the worldwide introduction of the World Wide Web, the transition of the stewardship role of the National Science Foundation over the Internet into a competitive industry (bluntly spoken: its privatization) left no framework for adequate tracking and monitoring of the Internet. The early ISPs were not very interested in gathering and analyzing network performance data, they were struggling to meet demands of their rapidly increasing customers. Secondly, we are just beginning to develop reliable tools for quality measurement and analysis of bandwidth or performance. CAIDA aims at developing such tools.
"There are many estimates of the size and growth rate of the Internet that are either implausible, or inconsistent, or even clearly wrong", K. G. Coffman and Andrew, both members of different departments of AT & T Labs-Research, state something similar in their paper The Size and Growth Rate of the Internet, published in First Monday. There are some sources containing seemingly contradictory information on the size and growth rate of the Internet, but "there is no comprehensive source for information". They take a well-informed and refreshing look at efforts undertaken for measuring the Internet and dismantle several misunderstandings leading to incorrect measurements and estimations. Some measurements have such large error margins that you might better call them estimations, to say the least. This is partly due to the fact that data are not disclosed by every carrier and only fragmentarily available.
What is measured and what methods are used? Many studies are devoted to the number of users; others look at the number of computers connected to the Internet or count IP addresses. Coffman and Odlyzko focus on the sizes of networks and the traffic they carry to answer questions about the size and the growth of the Internet.
You get the clue of their focus when you bear in mind that the Internet is just one of many networks of networks; it is only a part of the universe of computer networks. Additionally, the Internet has public (unrestricted) and private (restricted) areas. Most studies consider only the public Internet, Coffman and Odlyzko consider the long-distance private line networks too: the corporate networks, the Intranets, because they are convinced (that means their assertion is put forward, but not accompanied by empirical data) that "the evolution of the Internet in the next few years is likely to be determined by those private networks, especially by the rate at which they are replaced by VPNs (Virtual Private Networks) running over the public Internet. Thus it is important to understand how large they are and how they behave." Coffman and Odlyzko check other estimates by considering the traffic generated by residential users accessing the Internet with a modem, traffic through public peering points (statistics for them are available through CAIDA and the National Laboratory for Applied Network Research), and calculating the bandwidth capacity for each of the major US providers of backbone services. They compare the public Internet to private line networks and offer interesting findings. The public Internet is currently far smaller, in both capacity and traffic, than the switched voice network (with an effective bandwidth of 75 Gbps at December 1997), but the private line networks are considerably larger in aggregate capacity than the Internet: about as large as the voice network in the U. S. (with an effective bandwidth of about 330 Gbps at December 1997), they carry less traffic. On the other hand, the growth rate of traffic on the public Internet, while lower than is often cited, is still about 100% per year, much higher than for traffic on other networks. Hence, if present growth trends continue, data traffic in the U. S. will overtake voice traffic around the year 2002 and will be dominated by the Internet. In the future, growth in Internet traffic will predominantly derive from people staying longer and from multimedia applications, because they consume more bandwidth, both are the reason for unanticipated amounts of data traffic.

Hosts

The Internet Software Consortium's Internet Domain Survey is one of the most known efforts to count the number of hosts on the Internet. Happily the ISC informs us extensively about the methods used for measurements, a policy quite rare on the Web. For the most recent survey the number of IP addresses that have been assigned a name were counted. At first sight it looks simple to get the accurate number of hosts, but practically an assigned IP address does not automatically correspond an existing host. In order to find out, you have to send a kind of message to the host in question and wait for a reply. You do this with the PING utility. (For further explanations look here: Art. PING, in: Connected: An Internet Encyclopaedia) But to do this for every registered IP address is an arduous task, so ISC just pings a 1% sample of all hosts found and make a projection to all pingable hosts. That is ISC's new method; its old method, still used by RIPE, has been to count the number of domain names that had IP addresses assigned to them, a method that proved to be not very useful because a significant number of hosts restricts download access to their domain data.
Despite the small sample, this method has at least one flaw: ISC's researchers just take network numbers into account that have been entered into the tables of the IN-ADDR.ARPA domain, and it is possible that not all providers know of these tables. A similar method is used for Telcordia's Netsizer.

Internet Weather

Like daily weather, traffic on the Internet, the conditions for data flows, are monitored too, hence called Internet weather. One of the most famous Internet weather report is from The Matrix, Inc. Another one is the Internet Traffic Report displaying traffic in values between 0 and 100 (high values indicate fast and reliable connections). For weather monitoring response ratings from servers all over the world are used. The method used is to "ping" servers (as for host counts, e. g.) and to compare response times to past ones and to response times of servers in the same reach.

Hits, Page Views, Visits, and Users

Let us take a look at how these hot lists of most visited Web sites may be compiled. I say, may be, because the methods used for data retrieval are mostly not fully disclosed.
For some years it was seemingly common sense to report requested files from a Web site, so called "hits". A method not very useful, because a document can consist of several files: graphics, text, etc. Just compile a document from some text and some twenty flashy graphical files, put it on the Web and you get twenty-one hits per visit; the more graphics you add, the more hits and traffic (not automatically to your Web site) you generate.
In the meantime page views, also called page impressions are preferred, which are said to avoid these flaws. But even page views are not reliable. Users might share computers and corresponding IP addresses and host names with others, she/he might access not the site, but a cached copy from the Web browser or from the ISP's proxy server. So the server might receive just one page request although several users viewed a document.

Especially the editors of some electronic journals (e-journals) rely on page views as a kind of ratings or circulation measure, Rick Marin reports in the New York Times. Click-through rates - a quantitative measure - are used as a substitute for something of intrinsically qualitative nature: the importance of a column to its readers, e. g. They may read a journal just for a special column and not mind about the journal's other contents. Deleting this column because of not receiving enough visits may cause these readers to turn their backs on their journal.
More advanced, but just slightly better at best, is counting visits, the access of several pages of a Web site during one session. The problems already mentioned apply here too. To avoid them, newspapers, e.g., establish registration services, which require password authentication and therefore prove to be a kind of access obstacle.
But there is a different reason for these services. For content providers users are virtual users, not unique persons, because, as already mentioned, computers and IP addresses can be shared and the Internet is a client-server system; in a certain sense, in fact computers communicate with each other. Therefore many content providers are eager to get to know more about users accessing their sites. On-line registration forms or WWW user surveys are obvious methods of collecting additional data, sure. But you cannot be sure that information given by users is reliable, you can just rely on the fact that somebody visited your Web site. Despite these obstacles, companies increasingly use data capturing. As with registration services cookies come here into play.

For

If you like to play around with Internet statistics instead, you can use Robert Orenstein's Web Statistics Generator to make irresponsible predictions or visit the Internet Index, an occasional collection of seemingly statistical facts about the Internet.

Measuring the Density of IP Addresses

Measuring the Density of IP Addresses or domain names makes the geography of the Internet visible. So where on earth is the most density of IP addresses or domain names? There is no global study about the Internet's geographical patterns available yet, but some regional studies can be found. The Urban Research Initiative and Martin Dodge and Narushige Shiode from the Centre for Advanced Spatial Analysis at the University College London have mapped the Internet address space of New York, Los Angeles and the United Kingdom (http://www.geog.ucl.ac.uk/casa/martin/internetspace/paper/telecom.html and http://www.geog.ucl.ac.uk/casa/martin/internetspace/paper/gisruk98.html).
Dodge and Shiode used data on the ownership of IP addresses from RIPE, Europe's most important registry for Internet numbers.





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Timeline 1600 - 1900 AD

17th century Cardinal Richelieu invents an encryption-tool called grille, a card with holes for writing messages on paper into the holes of those cards. Afterwards he removes the cards and fills in the blanks, so the message looks like an ordinary letter. The recipient needs to own the same card

- Bishop John Wilkins invents a cryptologic system looking like music notes. In a book he describes several forms of steganographic systems like secrets inks, but also the string cipher. He mentions the so-called Pig Latin, a spoken way of encryption that was already used by the ancient Indians

- the English scientist, magician and astrologer John Dee works on the ancient Enochian alphabet; he also possesses an encrypted writing that could not been broken until today

1605/1623 Sir Francis Bacon (= Francis Tudor = William Shakespeare?) writes several works containing ideas about cryptography. One of his most important advises is to use ciphers in such a way that no-one gets suspicious that the text could be enciphered. For this the steganogram was the best method, very often used in poems. The attempt to decipher Shakespeare's sonnets (in the 20th century) lead to the idea that his works had been written by Francis Bacon originally.

1671 Leibniz invents a calculating machine that uses the binary scale which we still use today, more advanced of course, called the ASCII code

18th century this is the time of the Black Chambers of espionage in Europe, Vienna having one of the most effective ones, called the "Geheime Kabinettskanzlei", headed by Baron Ignaz von Koch. Its task is to read through international diplomatic mail, copy letters and return them to the post-office the same morning. Supposedly about 100 letters are dealt with each day.

1790's Thomas Jefferson and Robert Patterson invent a wheel cipher

1799 the Rosetta Stone is found and makes it possible to decipher the Egyptian Hieroglyphs

1832 or 1838 Sam Morse develops the Morse Code, which actually is no code but an enciphered alphabet of short and long sounds. The first Morse code-message is sent by telegraph in 1844.

1834 the Braille Code for blind people is developed in today's form by Louis Braille

1844 the invention of the telegraph changes cryptography very much, as codes are absolutely necessary by then

1854 the Playfair cipher is invented by Sir Charles Wheatstone

1859 for the first time a tomographic cipher gets described

1861 Friedrich W. Kasiski does a cryptoanalysis of the Vigenère ciphers, which had been supposed to be uncrackable for ages

1891 Major Etienne Bazeries creates a new version of the wheel cipher, which is rejected by the French Army

1895 the invention of the radio changes cryptography-tasks again and makes them even more important

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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 Critical Art Ensemble argue in Electronic Civil Disobedience: "The bunker is the foundation of homogeneity, and allows only a singular action within a given situation." All activities within data bunker revolve around the same principle of calculation. Calculation is the predominant mode of thinking in data-driven societies, and it reaches its greatest density inside data bunkers. However, calculation is not a politically neutral activity, as it provides the rational basis - and therefore the formal legitimisation most every decision taken. Data bunkers therefore have an essentially conservative political function, and function to maintain and strengthen the given social structures.

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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.: Copyright Decision Threatens Freedom to Link. In: New York Times. December 10, 1999.

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: Wired. July 27, 1999.

More cases concerned with the issue of linking, framing and the infringement of intellectual property are published in:

Ross, Alexandra: Copyright Law and the Internet: Selected Statutes and Cases.

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Medieval universities and copying of books

The first of the great medieval universities was established at Bologna. At the beginning, universities predominantly offered a kind of do-it-yourself publishing service.

Books still had to be copied by hand and were so rare that a copy of a widely desired book qualified for being invited to a university. Holding a lecture equaled to reading a book aloud, like a priest read from the Bible during services. Attending a lecture equaled to copy a lecture word by word, so you had your own copy of a book, thus enabling you to hold a lecture, too.

For further details see History of the Idea of a University, http://quarles.unbc.edu/ideas/net/history/history.html

http://quarles.unbc.edu/ideas/net/history/his...
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Ron Rivest

Ronald L. Rivest is Webster Professor of Electrical Engineering and Computer Science in MIT's EECS Department. He was one of three persons in a team to invent the RSA public-key cryptosystem. The co-authors were Adi Shamir and Leonard M. Adleman.

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Cookie

A cookie is an information package assigned to a client program (mostly a Web browser) by a server. The cookie is saved on your hard disk and is sent back each time this server is accessed. The cookie can contain various information: preferences for site access, identifying authorized users, or tracking visits.

In online advertising, cookies serve the purpose of changing advertising banners between visits, or identifying a particular direct marketing strategy based on a user's preferences and responses.

Advertising banners can be permanently eliminated from the screen by filtering software as offered by Naviscope or Webwash

Cookies are usually stored in a separate file of the browser, and can be erased or permanently deactivated, although many web sites require cookies to be active.

http://www.naviscope.com/
http://www.webwash.com/
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National Laboratory for Applied Network Research

NLANR, initially a collaboration among supercomputer sites supported by the National Science Foundation, was created in 1995 to provide technical and engineering support and overall coordination of the high-speed connections at these five supercomputer centers.

Today NLANR offers support and services to institutions that are qualified to use high performance network service providers - such as Internet 2 and Next Generation Internet.

http://www.nlanr.net

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Enigma

Device used by the German military command to encode strategic messages before and during World War II. The Enigma code was broken by a British intelligence system known as Ultra.

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