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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The plastic card invasion

The plastic card invasion.

The tendency of modern data-driven economies is to structure economic activity in such a way that an increasing amount of data is generated. For example, the fact that only a few years ago few people in continental Europe used a credit card, and that now almost everybody who has a bank account also has a credit card, shows that payment by credit card is preferred to anonymous cash transaction. If somebody pays by credit card, there are computers that register the transaction. They record who paid what amount where, and for what purpose. This is valuable information. It allows businesses to "better know their customers". Credit card companies today belong to the largest data repositories anywhere. However, credit card companies have tried to introduce cash cards, or "electronic purses", plastic cards which can be used in lieu of cash in shops - a type of payment, that is not really catching on. In the small town of Ennis, Ireland's "information age town" a field test carried out by Visa, found that people are extremely reluctant to change their cash into bits. "It is just too modern", was the conclusion of an Ennis shopkeeper.

Credit cards may be the most common, but certainly not the only way in which an economic activity produces a data surplus. In the end, the data surplus generated by a credit card is limited to just a few indicators. The tendency of the data body industry is to collect as much data as possible from each single transaction. Therefore, a range of new plastic card applications is emerging.

Most big retailers or service industries, offer customer cards which reward customers with certain discounts or gifts when used frequently. However, the cost of these discounts is easily set off by the value consumer data that is generated each time a card is pulled through the magnetic reading device. Frequent-flyer cards are among the most common plastic data-collecting devices. Often such frequent-flyer cards are also credit cards, in which case travel and consumption data are already combined at the point of sale, creating further rationalisation of the process.

Electronic networks have created a general tendency to move to move marketing decisions to the point of sale, rather than locating them in central locations. This way, the marketing process becomes cheaper and more efficient for the company.

The ideal situation for the data body industry and for government bureaucracy would be a complete centralised storage and management of people's data, and a collection process the pass unnoticed and ensures that the data in question are always current. Many efforts in this direction have been undertaken. One of the most recent such projects is called the smart card. Also referred to as chip cards (because it operates not just with a magnetic stripe but also an computer chip) smart cards are multi-application "intelligent" plastic cards that carry a lot more than the usual information about its holder. For example, a smart card can carry details about right of access to facilities, credit information, social security, and electoral status all in one. Technically there are no limits to the type of information stored on smart cards. In principle it is possible to store an individual's entire data body on a card. Not surprisingly, smart card technologies have been most readily accepted in places with a lack of a privacy protection culture, such as the US, the UK, Spain, and some Latin American Countries.

The Irish town of Ennis, although striving to become "one of the technologically most advanced towns in the world" may have frustrated the expectations of the plastic card industry. Yet this is only a minute, if embarrassing, setback on the path towards global rationalisation of data collection. The economic benefits which the plastic card data collection technologies promises for retailers, E-commerce, marketing and bureaucracies all over the world have given rise to a wealth of research programmes, field tests, projects and government policies, all aimed at promoting the data body economy and adopting it as the business model of the future.

Links to plastic card trade associations:

Card Europe - Association for Smart Card and Related Industries

AIM - Global Trade Association for Automatic Identification and Data Collection

Card Forum

Smart Card Industry Association

Links to plastic card research programmes:

MIT (Massachusetts Institute of Technology)

Ohio University

Pittsburgh University

Cranfield University

Links to publications:

Card Technology Magazine

Links to EU research programmes

ADEPT2

COCLICO

COST219

DISTINCT

SAMPO

SATURN

SOSCARD

Producers

Schlumberger

Gemplus

Bull

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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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ECHELON Main Stations

Location

Country

Target/Task

Relations

MORWENSTOW

UK

INTELSAT, Atlantic, Europe, Indian Ocean

NSA, GCHQ

SUGAR GROVE

USA

INTELSAT, Atlantic, North and South America

NSA

YAKIMA FIRING CENTER

USA

INTELSAT, Pacific

NSA

WAIHOPAI

NEW ZEALAND

INTELSAT, Pacific

NSA, GCSB

GERALDTON

AUSTRALIA

INTELSAT, Pacific

NSA, DSD

















MENWITH HILL

UK

Sat, Groundstation, Microwave(land based)

NSA, GCHQ

SHOAL BAY

AUSTRALIA

Indonesian Sat

NSA, DSD

LEITRIM

CANADA

Latin American Sat

NSA, CSE

BAD AIBLING

GERMANY

Sat, Groundstation

NSA

MISAWA

JAPAN

Sat

NSA

















PINE GAP

AUSTRALIA

Groundstation

CIA

















FORT MEADE

USA

Dictionary Processing

NSA Headquarters

WASHINGTON

USA

Dictionary Processing

NSA

OTTAWA

CANADA

Dictionary Processing

CSE

CHELTENHAM

UK

Dictionary Processing

GCHQ

CANBERRA

AUSTRALIA

Dictionary Processing

DSD

WELLINGTON

NEW ZEALAND

Dictionary Processing

GCSB Headquarters



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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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Waihopai Station

Waihopai Station on the South Island of New Zealand was established specifically to target the international satellite traffic carried by Intelsat satellites in the Pacific region and its target in the mid-1990s is the Intelsat 701 that came into service in January 1994, and is the primary satellite for the Pacific region.

Source: Nicky Hager, Secret Power, New Zealand's role in the international spy network, (Craig Potton, 1996), Chapter 2

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Cheltenham

Analysts at the Government Communications Headquarters in Cheltenham process the mass of intercepted satellite communications produced by their sophisticated interception system, especially from Morwenstow and Menwith Hill. At the headquarters personel use advanced computer hardware and the Dictionary system.

http://www.gchq.gov.uk/

http://www.gchq.gov.uk/
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Yakima

YAKIMA, USA

Latitude: 46.592633, Longitude: -120.528908

The Yakima Research Station was established in the early 1970s inside the 100,000-hectare United States Army Yakima Firing Center, 200 kilometers south-east

of Seattle. The facility, located between the Saddle Mountains and Rattlesnake Hills, initially consisted of a long operations building and a single large dish pointing

west to enable collection against the Pacific Intelsat satellite. By 1995 the Yakima station had expanded to five dish antennae, three facing west to the Pacific and two, including the original large 1970s dish, facing east. In addition to the original operations building several newer buildings had been added, the largest a two-story windowless concrete structure. The Yakima station has been monitoring Pacific Intelsat communications since it opened, and also monitors the Pacific Ocean area Inmarsat-2 satellite.

Source: http://www.fas.org/irp/facility/yakima.htm

http://www.fas.org/irp/facility/yakima.htm
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America Online

Founded in 1985, America Online is the world's biggest Internet service provider serving almost every second user. Additionally, America Online operates CompuServe, the Netscape Netcenter and several AOL.com portals. As the owner of Netscape, Inc. America Online plays also an important role in the Web browser market. In January 2000 America Online merged with Time Warner, the worlds leading media conglomerate, in a US$ 243,3 billion deal, making America Online the senior partner with 55 percent in the new company.

http://www.aol.com

http://www.aol.com/
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Fort Meade

Headquarters of the US National Security Agency in Maryland.

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Menwith Hill Station

Menwith Hill Station is one of the biggest groundstations in the UKUSA alliance.It is run by the US National Security Agency (NSA), which monitors the world's communication for US intelligence. Menwith Hill employs 1,200 US civilians and servicemen to work around the clock. It went trough different stages of interception technology. First it was established to intercept radio signals, but now the main focus lays on intercepting and monitoring communication satellites with primary targets Europe, northern Africa and western Asia.

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