Problems of Copyright Management and Control Technologies

Profiling and Data Mining

At their most basic copyright management and control technologies might simply be used to provide pricing information, negotiate the purchase transaction, and release a copy of a work for downloading to the customer's computer. Still, from a technological point of view, such systems also have the capacity to be employed for digital monitoring. Copyright owners could for example use the transaction records generated by their copyright management systems to learn more about their customers. Profiles, in their crudest form consisting of basic demographic information, about the purchasers of copyrighted material might be created. Moreover copyright owners could use search agents or complex data mining techniques to gather more information about their customers that could either be used to market other works or being sold to third parties.

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 intellectual property. The currently by copyright law supported practice of fair use might potentially be restricted or even eliminated. While information in analogue form can easily be reproduced, the protection of digital works through copyright management systems might complicate or make impossible the copying of material for purposes, which are explicitly exempt under the doctrine of fair use.

Provisions concerning technological protection measures and fair use are stated in the DMCA, which provides that "Since copying of a work may be a fair use under appropriate circumstances, section 1201 does not prohibit the act of circumventing a technological measure that prevents copying. By contrast, since the fair use doctrine is not a defense e to the act of gaining unauthorized access to a work, the act of circumventing a technological measure in order to gain access is prohibited." Also the proposed EU Directive on copyright and related rights in the information society contains similar clauses. It distinguishes between the circumvention of technical protection systems for lawful purposes (fair use) and the circumvention to infringe copyright. Yet besides a still existing lack of legal clarity also very practical problems arise. Even if the circumvention of technological protection measures under fair use is allowed, how will an average user without specialized technological know-how be able to gain access or make a copy of a work? Will the producers of copyright management and control systems provide fair use versions that permit the reproduction of copyrighted material? Or will users only be able to access and copy works if they hold a digital "fair use license" ("fair use licenses" have been proposed by Mark Stefik, whereby holders of such licenses could exercise some limited "permissions" to use a digital work without a fee)?

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Content Choice and Selective Reporting

Media as today's main information sources unarguably have the power to influence political agenda-setting and public opinion. They decide which topics and issues are covered and how they are reported. Still, in many cases those decisions are not primarily determined by journalistic criteria, but affected by external factors. The importance of shareholders forces media to generate more profit every quarter, which can chiefly be raised by enlarging audiences and hence attracting more advertising money. Therefore the focus of media's programming in many cases shifts towards audience alluring content like entertainment, talk-shows, music and sports.

Further pressure regarding the selection of content occurs from advertisers and marketers, who often implicitly or explicitly suggest to refrain from programming which could show them or their products and services (e.g. tobacco) in an unfavorable light. Interlocking directorships and outright ownerships can moreover be responsible for a selective coverage. Financial connections with defense, banking, insurance, gas, oil, and nuclear power, repeatedly lead (commercial) media to the withholding of information, which could offend their corporate partners. In totalitarian regimes also pressure from political elites may be a reason for the suppression or alteration of certain facts.

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Internet Software Consortium

The Internet Software Consortium (ISC) is a nonprofit corporation dedicated to the production of high-quality reference implementations of Internet standards that meet production standards. Its goal is to ensure that those reference implementations are properly supported and made freely available to the Internet community.

http://www.isc.org

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Philip M. Taylor

Munitions of the Mind. A history of propaganda from the ancient world to the present era. Manchester 1995 (2nd ed.)
This book gives a quite detailed insight on the tools and tasks of propaganda in European and /or Western history. Starting with ancient times the author goes up till the Gulf War and the meaning of propaganda today. In all those different eras propaganda was transporting similar messages, even when technical possibilities had not been fairly as widespread as today. Taylor's book is leading the reader through those different periods, trying to show the typical elements of each one.

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