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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Missing Labeling of Online Ads

One of the most crucial issues in on-line advertising is the blurring of the line between editorial content and ads. Unlike on TV and in the print media, where guidelines on the labeling of advertisements, which shall enable the customer to distinguish between editorial and ads, exist, similar conventions have not yet evolved for Internet content. Labeling of online advertisement up to now has remained the rare exception, with only few sites (e.g. http://www.orf.at) explicitly indicating non-editorial content.

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body and mind as defects

In an increasingly technisised world where technology has also become a determinant of value-free values, mind and body are increasingly considered as "imperfect" compared to the brilliant designs of technology. While for centuries the "weakness" of the human flesh has been the object of lamentations, the 21st century seems set to transform the genre of tragedy into a sober technological project of improvement. Within this project, men and women receive the status of "risk factor" which potentially destabilises technological systems, a circumstance which calls for correction and control measures.

Two main ways of checking the risk of "human error", as well as inefficiency, irrationality, selfishness, emotional turbulence, and other weaknesses of human beings: by minimizing human participation in technological processes, and, to an increasing extent, by technically eliminating such risk factors in human beings themselves.

Human beings, once considering themselves as the "crown of creation" or the "masters of the world" are reducing themselves to the "human factor" in globally networked technical systems, that factor which still escapes reliable calculation and which, when interacting with fast and potent technical environments, is a source of imperfection. For the human mind and body to perfect itself - to adapt itself to the horizon of perfection of science and technology - takes long time periods of discipline, learning, even biological evolution.

In the calculating thinking required in highly technisised context, mind and body inevitably appear as deficient compared to a technology which, unlike the human organism, has the potential of fast and controlled "improvement". Surely, the human organism has always been prey to defects, to "illnesses" and "disablement". Disease has therefore been one of the main motivations behind the development of Bio-ITs: Bio-ITs are being developed to help the blind get their eyesight back, the deaf to hear, the lame to walk, the depressed to be happy. Such medical applications of Bio-ITs are nothing essentially new: Captain Silver's crunch, the wheelchair, a tooth filling save the same basic purpose of correcting a physical deficiency.

But there is a much wider scope to this new development, in which the "normal" biological condition of a human being, such as proneness to death, forgetfulness, aging, inefficiency, solitude, or boredom are understood as defects which can and should be corrected. The use of ITs to overcome such "biological" constraints is often seen as the "ultimate" technological advance, even if the history of utopian visions connected to technological innovation is as old as it is rife with surprise, disappointment, and disaster.

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Virtual cartels, oligopolistic structures

Global networks require global technical standards ensuring the compatibility of systems. Being able to define such standards makes a corporation extremely powerful. And it requires the suspension of competitive practices. Competition is relegated to the symbolic realm. Diversity and pluralism become the victims of the globalisation of baroque sameness.

The ICT market is dominated by incomplete competition aimed at short-term market domination. In a very short time, new ideas can turn into best-selling technologies. Innovation cycles are extremely short. But today's state-of-the-art products are embryonic trash.

    According to the Computer and Communications Industry Association, Microsoft is trying to aggressively take over the network market. This would mean that AT&T would control 70 % of all long distance phone calls and 60 % of cable connections.



    AOL and Yahoo are lone leaders in the provider market. AOL has 21 million subscribers in 100 countries. In a single month, AOL registers 94 million visits. Two thirds of all US internet users visited Yahoo in December 1999.



    The world's 13 biggest internet providers are all American.



    AOL and Microsoft have concluded a strategic cross-promotion deal. In the US, the AOL icon is installed on every Windows desktop. AOL has also concluded a strategic alliance with Coca Cola.


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Technological measures

As laid down in the proposed EU Directive on copyright and related rights in the information society technological measures mean "... any technology, device, or component that, in the normal course of its operations, is designed to prevent or inhibit the infringement of any copyright..." The U.S. DMCA (Digital Millennium Copyright Act) divides technological measures in two categories: 1) measures that prevent unauthorized access to a copyrighted work, and 2) measures that prevent unauthorized copying of a copyrighted work. Also the making or selling of devices or services that can be used to circumvent either category of technological measures is prohibited under certain circumstances in the DMCA. Furthermore the 1996 WIPO Copyright Treaty states that the "... contracting parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors..."

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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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Intellectual property

Intellectual property, very generally, relates to the output that result from intellectual activity in the industrial, scientific, literary and artistic fields. Traditionally intellectual property is divided into two branches: 1) industrial property (inventions, marks, industrial designs, unfair competition and geographical indications), and 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.

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Mass production

The term mass production refers to the application of the principles of specialization, division of labor, and standardization of parts to the manufacture of goods. The use of modern methods of mass production has brought such improvements in the cost, quality, quantity, and variety of goods available that the largest global population in history is now sustained at the highest general standard of living. A moving conveyor belt installed in a Dearborn, Michigan, automobile plant in 1913 cut the time required to produce flywheel magnetos from 18 minutes to 5 and was the first instance of the use of modern integrated mass production techniques.

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Copyright management information

Copyright management information refers to information which identifies a work, the author of a work, the owner of any right in a work, or information about the terms and conditions of the use of a work, and any numbers or codes that represent such information, when any of these items of information are attached to a copy of a work or appear in connection with the communication of a work to the public.

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Economic rights

The economic rights (besides moral rights and in some cases also neighboring rights) granted to the owners of copyright usually include 1) copying or reproducing a work, 2) performing a work in public, 3) making a sound recording of a work, 4) making a motion picture of a work, 5) broadcasting a work, 6) translating a work and 7) adapting a work. Under certain national laws some of these rights are not exclusive rights of authorization but in specific cases, merely rights to remuneration.

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