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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Face recognition

In order to be able to recognize a person, one commonly looks at this persons face, for it is there where the visual features which distinguish one person from another are concentrated. Eyes in particular seem to tell a story not only about who somebody is, but also about how that persons feel, where his / her attention is directed, etc. People who do not want to show who they are or what is going on inside of them must mask themselves. Consequently, face recognition is a kind of electronic unmasking.

"Real" face-to-face communication is a two-way process. Looking at somebody's face means exposing ones own face and allowing the other to look at oneself. It is a mutual process which is only suspended in extraordinary and voyeuristic situations. Looking at somebody without being looked at places the person who is visually exposed in a vulnerable position vis-à-vis the watcher.

In face recognition this extraordinary situation is normal. Looking at the machine, you only see yourself looking at the machine. Face biometrics are extracted anonymously and painlessly by a mask without a face.

Therefore the resistance against the mass appropriation of biometrical data through surveillance cameras is confronted with particular difficulties. The surveillance structure is largely invisible, it is not evident what the function of a particular camera is, nor whether it is connected to a face recognition system.

In a protest action against the face recognition specialist Visionics, the Surveillance Camera Players therefor adopted the strategy of re-masking: in front of the cameras, they perfomed the play "The Masque of the Red Death" an adaption of Edgar Allen Poe's classic short story by Art Toad.

According to Visionics, whose slogan is "enabling technology with a mass appeal", there are alrady 1.1 bn digitised face images stored on identification data banks world wide. When combined with wide area surveillance camera networks, face recognition is capable of creating a transparent social space that can be controlled by a depersonalised, undetected and unaccountable centre. It is a technology, of which the surveillance engeneers of sunken totalitarian regimes may have dreamt, and one that today is being adopted by democratic governments.

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Boris Yeltsin

Boris Yeltsin was Russian President until the end of 1999. After many years of work for the Communist Party, he joined the Politburo in 1986. His sharp critique on Mikhail Gorbachev forced that one to resign. Yeltsin won the 1990 election into Russian presidency and quit the Communist Party. Quarrels with the Parliament could not destroy his popularity until the secession war with Chechnya. When the Russian economy collapsed in 1998, he dismissed his entire government. In the end the sick old man of Russian politics had lost all his popularity as a president and resigned for the benefit of his political son Vladimir Putin.

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Society for Worldwide Interbank Financial Telecommunication (SWIFT)

Founded in 1973 by 239 banks from 15 countries, SWIFT is responsible for maintaining the world's most important network dedicated to financial transaction processing.
Although facing competition from smart cards, e.g., SWIFT can rely on an increasing clientèle. In September 1999 SWIFT served 6,710 live users in 189 countries.

http://www.swift.com

http://www.swift.com/
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