Economic structure; digital euphoria

The dream of a conflict-free capitalism appeals to a diverse audience. No politician can win elections without eulogising the benefits of the information society and promising universal wealth through informatisation. "Europe must not lose track and should be able to make the step into the new knowledge and information society in the 21st century", said Tony Blair.

The US government has declared the construction of a fast information infrastructure network the centerpiece of its economic policies

In Lisbon the EU heads of state agreed to accelerate the informatisation of the European economies

The German Chancellor Schröder has requested the industry to create 20,000 new informatics jobs.

The World Bank understands information as the principal tool for third world development

Electronic classrooms and on-line learning schemes are seen as the ultimate advance in education by politicians and industry leaders alike.

But in the informatised economies, traditional exploitative practices are obscured by the glamour of new technologies. And the nearly universal acceptance of the ICT message has prepared the ground for a revival of 19th century "adapt-or-perish" ideology.

"There is nothing more relentlessly ideological than the apparently anti-ideological rhetoric of information technology"

(Arthur and Marilouise Kroker, media theorists)

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Liability of ISPs

ISPs (Internet Service Provider), BBSs (Bulletin Board Service Operators), systems operators and other service providers (in the U.S.) can usually be hold liable for infringing activities that take place through their facilities under three theories: 1) direct liability: to establish direct infringement liability there must be some kind of a direct volitional act, 2) contributory liability: a party may be liable for contributory infringement where "... with knowledge of the infringing activity, [it] induces, causes or materially contributes to the infringing activity of another." Therefore a person must know or have reason to know that the subject matter is copyrighted and that particular uses violated copyright law. There must be a direct infringement of which the contributory infringer has knowledge, and encourages or facilitates for contributory infringement to attach, and 3) vicarious liability: a party may be vicariously liable for the infringing acts of another if it a) has the right and ability to control the infringer's acts and b) receives a direct financial benefit from the infringement. Unlike contributory infringement, knowledge is not an element of vicarious liability.


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