Challenges for Copyright by ICT: Digital Content Providers

Providers of digital information might be confronted with copyright related problems when using some of the special features of hypertext media like frames and hyperlinks (which both use third party content available on the Internet to enhance a webpage or CD ROM), or operate a search engine or online directory on their website.

Framing

Frames are often used to help define, and navigate within, a content provider's website. Still, when they are used to present (copyrighted) third party material from other sites issues of passing off and misleading or deceptive conduct, as well as copyright infringement, immediately arise.

Hyperlinking

It is generally held that the mere creation of a hyperlink does not, of itself, infringe copyright as usually the words indicating a link or the displayed URL are unlikely to be considered a "work". Nevertheless if a link is clicked on the users browser will download a full copy of the material at the linked address creating a copy in the RAM of his computer courtesy of the address supplied by the party that published the link. Although it is widely agreed that the permission to download material over the link must be part of an implied license granted by the person who has made the material available on the web in the first place, the scope of this implied license is still the subject of debate. Another option that has been discussed is to consider linking fair use.

Furthermore hyperlinks, and other "information location tools", like online directories or search engines could cause their operators trouble if they refer or link users to a site that contains infringing material. In this case it is yet unclear whether providers can be held liable for infringement.

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Biometrics applications: gate keeping

Identity has to do with "place". In less mobile societies, the place where a person finds him/herself tells us something about his/her identity. In pre-industrial times, gatekeepers had the function to control access of people to particular places, i.e. the gatekeepers function was to identify people and then decide whether somebody's identity would allow that person to physically occupy another place - a town, a building, a vehicle, etc.

In modern societies, the unambiguous nature of place has been weakened. There is a great amount of physical mobility, and ever since the emergence and spread of electronic communication technologies there has been a "virtualisation" of places in what today we call "virtual space" (unlike place, space has been a virtual reality from the beginning, a mathematical formula) The question as to who one is no longer coupled to the physical abode. Highly mobile and virtualised social contexts require a new generation of gatekeepers which biometric technology aims to provide.

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Biometric applications: surveillance

Biometric technologies are not surveillance technologies in themselves, but as identification technologies they provide an input into surveillance which can make such as face recognition are combined with camera systems and criminal data banks in order to supervise public places and single out individuals.

Another example is the use of biometrics technologies is in the supervision of probationers, who in this way can carry their special hybrid status between imprisonment and freedom with them, so that they can be tracked down easily.

Unlike biometric applications in access control, where one is aware of the biometric data extraction process, what makes biometrics used in surveillance a particularly critical issue is the fact that biometric samples are extracted routinely, unnoticed by the individuals concerned.

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Feeding the data body

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Legal Protection: National Legislation

Intellectual property - comprising industrial property and copyright - in general is protected by national legislation. Therefore those rights are limited territorially and can be exercised only within the jurisdiction of the country or countries under whose laws they are granted.

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Global hubs of the data body industry

While most data bunkers are restricted to particular areas or contexts, there are others which act as global data nodes. Companies such as EDS (Electronic Data Systems), Experian, First Data Corporation and Equifax operate globally and run giant databases containing personal information. They are the global hubs of the data body economy.

Company

Sales in USD billions

Size of client database in million datasets





Equifax





1,7





360





Experian





1,5





779





Fist Data Corporation





5,5





260





EDS





18,5









(not disclosed)

(Sales and database sizes, 1998)

The size of these data repositories is constantly growing, so it is only a matter of time when everybody living in the technologically saturated part of the world will be registered in one of these data bunkers.

Among these companies, EDS, founded by the former US presidential candidate Ross Perot, known for his right-wing views and direct language, is of particular importance. Not only is it the world's largest data body company, it is also secretive about the size of its client database - a figure disclosed by the other companies either in company publications or upon enquiry. After all, the size of such a data base makes a company more attractive for potential customers.

For many years, EDS has been surrounded by rumours concerning sinister involvement with intelligence agencies. Beyond the rumours, though, there are also facts. EDS has a special division for government services. EDS does business with all military agencies of the US, as well as law enforcement agencies, justice agencies, and many others. The company also maintains a separate division for military equipment In 1984, the company became a subsidiary of General Motors, itself a leading manufacturer of military and intelligence systems. EDS is listed by the Federation of American Scientist's intelligence resource program as contractor to US intelligence agencies, and prides itself, amongst other things, to respond to the "rise of the citizen as a consumer".

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Definition

During the last 20 years the old Immanuel Wallerstein-paradigm of center - periphery and semi-periphery found a new costume: ICTs. After Colonialism, Neo-Colonialism and Neoliberalism a new method of marginalization is emerging: the digital divide.

"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:
http://www.whatis.com/digital_divide.htm

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Legal Protection: WIPO (World Intellectual Property Organization)

Presumably the major player in the field of international intellectual property protection and administrator of various multilateral treaties dealing with the legal and administrative aspects of intellectual property is the WIPO.

Information on WIPO administered agreements in the field of industrial property (Paris Convention for the Protection of Industrial Property (1883), Madrid Agreement Concerning the International Registration of Marks (1891) etc.) can be found on: http://www.wipo.org/eng/general/index3.htm

Information on treaties concerning copyright and neighboring rights (Berne Convention for the Protection of Literary and Artistic Works (1886) etc.) is published on: http://www.wipo.org/eng/general/index5.htm

The most recent multilateral agreement on copyright is the 1996 WIPO Copyright Treaty. Among other things it provides that computer programs are protected as literary works and also introduces the protection of databases, which "... by reason of the selection or arrangement of their content constitute intellectual creations." Furthermore the 1996 WIPO Copyright Treaty contains provisions concerning technological measures, rights management information and establishes a new "right of communication to the public". It is available on: http://www.wipo.org/eng/diplconf/distrib/treaty01.htm

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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 International Intellectual Property Alliance the U.S. copyright industry has grown almost three times as fast as the economy as a whole for the past 20 years. In 1997, the total copyright industries contributed an estimated US$ 529.3 billion to the U.S. economy with the core copyright industries accounting for US$ 348.4 billion. Between 1977 and 1997, the absolute growth rate of value added to the U.S. GDP by the core copyright industries was 241 %. Also the copyright industry's foreign sales in 1997 (US$ 66.85 billion for the core copyright industries) were larger than the U.S. Commerce Department International Trade Administration's estimates of the exports of almost all other leading industry sectors. They exceeded even the combined automobile and automobile parts industries, as well as the agricultural sector.

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 intellectual property is expected. Therefore as copyright establishes ownership in intellectual property it is increasingly seen as the key to wealth in the future.

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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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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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Timeline Cryptography - Introduction

Besides oral conversations and written language many other ways of information-transport are known: like the bush telegraph, drums, smoke signals etc. Those methods are not cryptography, still they need en- and decoding, which means that the history of language, the history of communication and the history of cryptography are closely connected to each other
The timeline gives an insight into the endless fight between enciphering and deciphering. The reasons for them can be found in public and private issues at the same time, though mostly connected to military maneuvers and/or political tasks.

One of the most important researchers on Cryptography through the centuries is David Kahn; many parts of the following timeline are originating from his work.

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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 intellectual property should be in the public domain and available for all to use. "Information wants to be free" and copyright restricts people's possibilities concerning the utilization of digital content. An enforced copyright will lead to a further digital divide as copyright creates unjust monopolies in the basic commodity of the "information age". Also the increased ease of copying effectively obviates copyright, which is a relict of the past and should be expunged.

Enlarge Copyright

Realizing the growing economic importance of intellectual property, especially the holders of copyright (in particular the big publishing, distribution and other core copyright industries) - and therefore recipients of the royalties - adhere to the idea of enlarging copyright. In their view the basic foundation of copyright - the response to the need to provide protection to authors so as to give them an incentive to invest the time and effort required to produce creative works - is also relevant in a digital environment.

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Cooperative Association of Internet Data Analysis (CAIDA)

Based at the University of California's San Diego Supercomputer Center, CAIDA supports cooperative efforts among the commercial, government and research communities aimed at promoting a scalable, robust Internet infrastructure. It is sponsored by the Defense Advanced Research Project Agency (DARPA) through its Next Generation Internet program, by the National Science Foundation, Cisco, Inc., and Above.net.

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American Express

U.S. company founded on March 18, 1850, as an express-transportation company, but today operating as a worldwide organization providing primarily travel-related and insurance services and international finance operations and banking. Headquarters are in New York City.

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Intelsat

Intelsat, the world's biggest communication satellite services provider, is still mainly owned by governments, but will be privatised during 2001, like Eutelsat. A measure already discussed 1996 at an OECD competition policy roundtable in 1996. Signatory of the Intelsat treaty for the United States of America is Comsat, a private company listed on the New York Stock Exchange. Additionally Comsat is one of the United Kingdom's signatories. Aggregated, Comsat owns about 20,5% of Intelsat already and is Intelsat's biggest shareholder. In September 1998 Comsat agreed to merge with Lockheed Martin. After the merger, Lockheed Martin will hold at least 49% of Comsat share capital.

http://www.intelsat.int/index.htm

http://www.eutelsat.org/
http://www.oecd.org//daf/clp/roundtables/SATS...
http://www.comsat.com/
http://www.nyse.com/
http://www.comsat.com/
http://www.comsat.com/
http://www.comsat.com/
http://www.comsat.com/
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Telnet

Telnet allows you to login remotely on a computer connected to the Internet.

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Adi Shamir

Adi Shamir was one of three persons in a team to invent the RSA public-key cryptosystem. The other two authors were Ron Rivest and Leonard M. Adleman.

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Netiquette

Although referred to as a single body of rules, there is not just one Netiquette, but there are several, though overlapping largely. Proposing general guidelines for posting messages to newsgroups and mailing lists and using the World Wide Web and FTP, Netiquettes address civility topics (i.e., avoiding hate speech) and comprise technical advises (i.e., using simple and platform-independent file formats).
Well-known Netiquettes are the Request for Comment #1855 and The Net: User Guidelines and Netiquette by Arlene H. Rinaldi.

ftp://ftp.isi.edu/in-notes/rfc1855.txt
http://www.fau.edu/netiquette/net/index.html
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Internet Relay Chat (IRC)

IRC is a text-based chat system used for live discussions of groups.

For a history of IRC see Charles A. Gimon, IRC: The Net in Realtime, http://www.skypoint.com/~gimonca/irc2.html

http://www.skypoint.com/~gimonca/irc2.html
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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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Napoleon

Napoleon I. (1769-1821) was French King from 1804-1815.
He is regarded as the master of propaganda and disinformation of his time. Not only did he play his game with his own people but also with all European nations. And it worked as long as he managed to keep up his propaganda and the image of the winner.
Part of his already nearly commercial ads was that his name's "N" was painted everywhere.
Napoleon understood the fact that people believe what they want to believe - and he gave them images and stories to believe. He was extraordinary good in black propaganda.
Censorship was an element of his politics, accompanied by a tremendous amount of positive images about himself.
But his enemies - like the British - used him as a negative image, the reincarnation of the evil (a strategy still very popular in the Gulf-War and the Kosovo-War) (see Taylor, Munitions of the Mind p. 156/157).

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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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Bristol-Myers Squibb Company

American company resulting from a merger in 1989 and dating to companies
founded in 1858 and 1887. It produces toiletries, cosmetics, household cleaning products, pharmaceuticals, health foods and supplements, and health equipment and prostheses. Headquarters are in New York City. In 1989 the merger of Bristol-Myers Company and Squibb Corporation (descendant of a company founded in 1858) created one of the world's largest pharmaceutical companies.

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Microsoft Corporation

Founded by Bill Gates and Paul Allen and headquartered in Redmond, USA, Microsoft Corporation is today's world-leading developer of personal-computer software systems and applications. As MS-DOS, the first operating system released by Microsoft, before, Windows, its successor, has become the de-facto standard operating system for personal computer. According to critics and following a recent court ruling this is due to unfair competition.

http://www.microsoft.com

For more detailed information see the Encyclopaedia Britannica: http://www.britannica.com/bcom/eb/article/4/0,5716,1524+1+1522,00.html

http://www.microsoft.com/
http://www.britannica.com/bcom/eb/article/4/0...
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Center for Democracy and Technology

The Center for Democracy and Technology works to promote democratic values and constitutional liberties in the digital age. With expertise in law, technology, and policy, the Center seeks practical solutions to enhance free expression and privacy in global communications technologies. The Center is dedicated to building consensus among all parties interested in the future of the Internet and other new communications media.

http://www.cdt.org

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Wide Area Network (WAN)

A Wide Area Network is a wide area proprietary network or a network of local area networks. Usually consisting of computers, it may consist of cellular phones, too.

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AT&T

AT&T Corporation provides voice, data and video communications services to large and small businesses, consumers and government entities. AT&T and its subsidiaries furnish domestic and international long distance, regional, local and wireless communications services, cable television and Internet communications services. AT&T also provides billing, directory and calling card services to support its communications business. AT&T's primary lines of business are business services, consumer services, broadband services and wireless services. In addition, AT&T's other lines of business include network management and professional services through AT&T Solutions and international operations and ventures. In June 2000, AT&T completed the acquisition of MediaOne Group. With the addition of MediaOne's 5 million cable subscribers, AT&T becomes the country's largest cable operator, with about 16 million customers on the systems it owns and operates, which pass nearly 28 million American homes. (source: Yahoo)

Slogan: "It's all within your reach"

Business indicators:

Sales 1999: $ 62.391 bn (+ 17,2 % from 1998)

Market capitalization: $ 104 bn

Employees: 107,800

Corporate website: http://www.att.com http://www.att.com/
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