Recent "Digital Copyright" Legislation: U.S. DMCA (Digital Millennium Copyright Act) The debates in the House and Senate preceding the signing into law of the DMCA by U.S. President Clinton in October 1998 indicated that the principal object of the Act is to promote the U.S. economy by establishing an efficient Internet marketplace in copyrighted works. The DMCA implements the two 1996 A full-text version of the DMCA is available from: The Library of Congress: Thomas (Legislative Information on the Internet): Moreover the U.S. Copyright Office provides a memorandum, which briefly summarizes each of the five titles of the DMCA (pdf format): The DMCA has been criticized for not clarifying the range of legal principles on the liability of ISPs and creating exceptions to only some of the provisions; therefore giving copyright owners even more rights. Among the variety of comments on the DMCA are: Lutzker, Arnold P.: Primer on the Digital Millennium: What the Digital Millennium Copyright Act and the Copyright Term Extension Act Mean for the Library Community. Lutzker & Lutzker law firm and the Association of Research Libraries: The Digital Millennium Copyright Act: Highlights of New Copyright Provision Establishing Limitation of Liability for Online Service Providers. | |||||||||||||||||||||||||||||||||||
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How the Internet works On the Internet, when you want to retrieve a document from another computer, you request a service from this computer. Your computer is the client, the computer on which the information you want to access is stored, is called the A common set of standards allows the exchange of data and commands independent from locations, time, and operating systems through the Internet. These standards are called communication protocols, or the Internet Protocol Suite, and are implemented in Internet software. Sometimes the Internet Protocol Suite is erroneously identified with Any information to be transferred is broken down into pieces, so-called packets, and the Internet Protocol figures out how the data is supposed to get from A to B by passing through routers. Each packet is "pushed" from router to router via The technique of breaking down all messages and requests into packets has the advantage that a large data bundle (e.g. videos) sent by a single user cannot block a whole network, because the One of the Internet's (and of the Matrix's) beginnings was the Routing around depends on the location of the interruption and on the availability of intersecting points between networks. If, for example, an E-mail message is sent from Brussels to Athens and in Germany a channel is down, it will not affect access very much, the message will be routed around this damage, as long as a major Internet exchange is not affected. However, if access depends on a single backbone connection to the Internet and this connection is cut off, there is no way to route around. In most parts of the world the Internet is therefore vulnerable to disruption. "The idea of the Internet as a highly distributed, redundant global communications system is a myth. Virtually all communications between countries take place through a very small number of bottlenecks, and the available bandwidth isn't that great," says Douglas Barnes. These bottlenecks are the network connections to neighboring countries. Many countries rely on a one single connection to the Net, and in some places, such as the Suez Canal, there is a concentration of fiber-optic cables of critical importance. | |||||||||||||||||||||||||||||||||||
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Copyright Management and Control Systems: Post-Infringement 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 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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Problems of Copyright Management and Control Technologies Profiling and Data Mining At their most basic Fair Use Through the widespread use of copyright management and control systems the balance of control could excessively be shifted in favor of the owners of Provisions concerning technological protection measures and fair use are stated in the | |||||||||||||||||||||||||||||||||||
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Bureaucratic data bunkers Among the foremost of the data bunkers government bureaucracies. Bureaucracies are the oldest forms of bunkers and are today deeply engrained in modern societies. Bureaucracies have always had the function of collecting and administering the data of subjects. What make this process more problematic in the age of ICT is that a lot more data can be collected, they can be collected in clandestine ways (e.g. in surveillance situations), and the can be combined and merged using advanced data mining technologies. In addition, there is a greater rationale for official data collecting, as a lot more data is required for the functioning of public administration as in previous periods, as societies rush to adopt increasingly complex technologies, above all ICTs. The increasing complexity of modern societies means that an increasing number of bureaucratic decision is taken, all of which require a calculation process. Complexity, viewed through government spectacles, generates insecurity - a great deal of the bureaucratic activity therefore revolves around the topic of security. In spite of the anti-bureaucratic rhetoric of most governments, these factors provides the bureaucracies with an increased hold on society. Foremost bureaucratic data bunkers include the following:
Fiscal agencies Intelligence agencies Social welfare agencies Social insurance institutions Public health agencies Educational institutions These are agencies that enjoy the privileged protection of the state. Those among them that operate in the field of security are further protected against public scrutiny, as they operate in an area to which democratic reason has no access. What makes the data repositories of these institutions different from private data bunkers is their "official", i.e. their politically binding and definitive character. | |||||||||||||||||||||||||||||||||||
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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 " | |||||||||||||||||||||||||||||||||||
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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 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 | |||||||||||||||||||||||||||||||||||
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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 Enlarge Copyright Realizing the growing economic importance of intellectual property, especially the holders of copyright (in particular the big publishing, distribution and other | |||||||||||||||||||||||||||||||||||
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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.
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Internet services The Internet can be used in in different ways: for distributing and retrieving information, for one-to-one, one-to-many and many-to-many communication, and for the access services. Accordingly, there are different services on offer. The most important of these are listed below. | |||||||||||||||||||||||||||||||||||
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The Piracy "Industry" Until recent years, the problem of piracy (the unauthorized reproduction or distribution of copyrighted works (for commercial purposes)) was largely confined to the copying and physical distribution of tapes, disks and CDs. Yet the emergence and increased use of global data networks and the WWW has added a new dimension to the piracy of This new development, often referred to as Internet piracy, broadly relates to the use of global data networks to 1) transmit and download digitized copies of pirated works, 2) advertise and market pirated intellectual property that is delivered on physical media through the mails or other traditional means, and 3) offer and transmit codes or other technologies which can be used to circumvent Lately the Table: IIPA 1998 - 1999 Estimated Trade Loss due to Copyright Piracy (in millions of US$)
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Copyright Management and Control Systems: Metering Hardware Devices Those have to be acquired and installed by the user. For example under a debit card approach, the user purchases a debit card that is pre-loaded with a certain amount of value. After installation, the debit card is debited automatically as the user consumes copyrighted works. Digital Certificates Hereby a certification authority issues to a user an electronic file that identifies the user as the owner of a public key. Those digital certificates, besides Centralized Computing Under this approach all of the executables remain at the server. Each time the executable is used, the user's computer must establish contact with the server, allowing the central computer to meter access. Access Codes Access code devices permit users to "unlock" protective mechanisms (e.g. date bombs or functional limitations) embedded in copyrighted works. Copyright owners can meter the usage of their works, either by unlocking the Copyright Clearinghouses Under this approach copyright owners would commission "clearinghouses" with the ability to license the use of their works. A user would pay a license fee to obtain rights concerning the intellectual property. | |||||||||||||||||||||||||||||||||||
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Operating the net: overview The Net consists of thousands of thousands of governmental and private networks linked together. No legal authority determines how and where networks can be connected together, this is something the managers of networks have to agree about. So there is no way of ever gaining ultimate control of the Internet. Although each of these networks is operated and controlled by an organization, no single organization operates and controls the Net. Instead of a central authority governing the Net, several bodies assure the operability of the Net by developing and setting technical specifications for the Net and by the control of the technical key functions of the Net as the coordination of the domain name system and the allocation of IP numbers. Originally, the Net was a research project funded and maintained by the US Government and developed in collaboration by scientists and engineers. As the standards developed for ensuring operability ensued from technical functionality, technical coordination gradually grew out of necessity and was restricted to a minimum and performed by volunteers. Later, in the 1980s, those occupied with the development of technical specifications organized themselves under the umbrella of the Internet Society in virtual organizations as the Internet Engineering Task Force, which were neither officially established nor being based on other structures than mailing lists and commitment, but nonetheless still serve as task forces for the development of standards ensuring the interoperability on the Net. Since the late 80s and the early 90s, with the enormous growth of the Net - which was promoted by the invention of Since the year 2000, a new model for technical coordination has been emerging: Formerly performed by several bodies, technical coordination is transferred to a single non-governmental organization: the Internet Coordination of Assigned Numbers and Names. | |||||||||||||||||||||||||||||||||||
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Biometrics applications: privacy issues All biometric technologies capture biometric data from individuals. Once these date have been captured by a system, they can, in principle, be forwarded to other locations and put to many different uses which are capable of compromising on an individuals privacy. Technically it is easy to match biometric data with other personal data stored in government or corporate files, and to come a step closer to the counter-utopia of the transparent citizen and customer whose data body is under outside control. While biometric technologies are often portrayed as protectors of personal data and safeguards against identity theft, they can thus contribute to an advance in "Big Brother" technology. The combination of personalised data files with biometric data would amount to an enormous control potential. While nobody in government and industry would admit to such intentions, leading data systems companies such as EDS (Electronic Data Systems; Biometric technologies have the function of identification. Historically, identification has been a prerequisite for the exercise of power and serves as a protection only to those who are in no conflict with this power. If the digitalisation of the body by biometric technologies becomes as widespread as its proponents hope, a new electronic feudal system could be emerging, in which people are reduced to subjects dispossessed of their to their bodies, even if these, unlike in the previous one, are data bodies. Unlike the gatekeepers of medieval towns, wear no uniforms by they might be identified; biometric technologies are pure masks. | |||||||||||||||||||||||||||||||||||
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Network Information Center (NIC) Network information centers are organizations responsible for registering and maintaining the domain names on the | |||||||||||||||||||||||||||||||||||
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Critical Art Ensemble Critical Art Ensemble is a collective of five artists of various specializations dedicated to exploring the intersections between art, technology, radical politics, and critical theory. CAE have published a number of books and carried out innovative art projects containing insightful and ironic theoretical contributions to media art. Projects include Addictionmania, Useless Technology, The Therapeutic State, Diseases of Consciousness, Machineworld, As Above So Below, and http://www.critical-art.net | |||||||||||||||||||||||||||||||||||
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Wide Application Protocol (WAP) The WAP (Wireless Application Protocol) is a specification for a set of communication protocols to standardize the way that wireless devices, such as cellular telephones and radio transceivers, can be used for Internet access, including While Internet access has been possible in the past, different manufacturers have used different technologies. In the future, devices and service systems that use WAP will be able to interoperate. Source: Whatis.com | |||||||||||||||||||||||||||||||||||
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Above.net Headquartered in San Jose, USA, AboveNet Communications is a http://www.above.net | |||||||||||||||||||||||||||||||||||
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Transmission Control Protocol/Internet Protocol (TCP/IP) TCP and IP are the two most important protocols and communication standards. TCP provides reliable message-transmission service; IP is the key protocol for specifying how packets are routed around the Internet. More detailed information can be found | |||||||||||||||||||||||||||||||||||
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Alexander Graham Bell b., March 3, 1847, Edinburgh d. Aug. 2, 1922, Beinn Bhreagh, Cape Breton Island, Nova Scotia, Canada American audiologist and inventor wrongly remembered for having invented the telephone in 1876. Although Bell introduced the first commercial application of the telephone, in fact a German teacher called Reiss invented it. For more detailed information see the Encyclopaedia Britannica: http://www.britannica.com/bcom/eb/article/1/0,5716,15411+1+15220,00.html | |||||||||||||||||||||||||||||||||||
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Local Area Network (LAN) A Local Area Network is an office network, a network restricted to a building area. | |||||||||||||||||||||||||||||||||||
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Internet Engineering Steering Group On behalf of the | |||||||||||||||||||||||||||||||||||
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Vinton Cerf Addressed as one of the fathers of the Internet, Vinton Cerf together with Robert Kahn developed the In 1992, he co-founded the Today, Vinton Cerf is Senior Vice President for Internet Architecture and Technology at Vinton Cerf's web site: http://www.wcom.com/about_the_company/cerfs_up/ | |||||||||||||||||||||||||||||||||||
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DMCA The DMCA (Digital Millennium Copyright Act) was signed into law by U.S. President Clinton in 1998 and implements the two 1996 | |||||||||||||||||||||||||||||||||||
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Industrial design Industrial design refers to the ornamental aspect of a useful article which may constitute of two or three-dimensional elements. To be qualified for | |||||||||||||||||||||||||||||||||||
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Cisco, Inc. Being the worldwide leader in networking for the Internet, Cisco Systems is one of the most prominent companies of the Internet industry. http://www.cisco.com | |||||||||||||||||||||||||||||||||||
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John Dee b. July 13, 1527, London, England d. December 1608, Mortlake, Surrey English alchemist, astrologer, and mathematician who contributed greatly to the revival of interest in mathematics in England. After lecturing and studying on the European continent between 1547 and 1550, Dee returned to England in 1551 and was granted a pension by the government. He became astrologer to the queen, Mary Tudor, and shortly thereafter was imprisoned for being a magician but was released in 1555. Dee later toured Poland and Bohemia (1583-89), giving exhibitions of magic at the courts of various princes. He became warden of Manchester College in 1595. | |||||||||||||||||||||||||||||||||||
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Moral rights Authors of copyrighted works (besides | |||||||||||||||||||||||||||||||||||
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File Transfer Protocol (FTP) FTP enables the transfer of files (text, image, video, sound) to and from other remote computers connected to the Internet. | |||||||||||||||||||||||||||||||||||
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atbash Atbash is regarded as the simplest way of encryption. It is nothing else than a reverse-alphabet. a=z, b= y, c=x and so on. Many different nations used it in the early times of writing. for further explanations see: | |||||||||||||||||||||||||||||||||||
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Kessler Marketing Intelligence (KMI) KMI is the leading source for information on fiber-optics markets. It offers market research, strategic analysis and product planning services to the opto-electronics and communications industries. KMI tracks the worldwide fiber-optic cable system and sells the findings to the industry. KMI says that every fiber-optics corporation with a need for strategic market planning is a subscriber to their services. | |||||||||||||||||||||||||||||||||||
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Mark A mark (trademark or service mark) is "... a sign, or a combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings. The sign may particularly consist of one or more distinctive words, letters, numbers, drawings or pictures, emblems, colors or combinations of colors, or may be three-dimensional..." ( | |||||||||||||||||||||||||||||||||||
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Electronic Data Interchange (EDI) EDI is an international standard relating to the exchange of trade goods and services. It enables trading partners to conduct routine business transactions, such as purchase orders, invoices and shipping notices independent of the computer platform used by the trading partners. Standardization by EDI translation software assures the correct interpretation of data. EDI might become increasingly important to electronic commerce. | |||||||||||||||||||||||||||||||||||
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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, | |||||||||||||||||||||||||||||||||||
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