Pressures and Attacks against Independent Content Providers: Serbia The independent Belgrade based FM radio-station B2-92, which from December 1996 on also broadcasts over the Internet, repeatedly has been the target of suppression and attacks by the Serbian government. B2-92 offices have been raided on numerous occasions and members of staff have been repeatedly harassed or arrested. In March 1999 the transmitter of radio B2-92 was confiscated yet again by the Serbian authorities and editor-in-chief, Veran Matic, was taken and held in custody at a police station. Ten days after the confiscation of B2-92's transmitter, Serbian police entered and sealed their offices. All members of staff were sent home and a new General Manager was appointed by Serbian officials. Although by closing B2-92, the Serbian regime may have succeeded in softening the voice of the independent content provider, with the distributive nature of the Internet and the international help of media activists, the regime will have little chance of silencing the entire flood of independent content coming out of former Yugoslavia.

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The Concept of the Public Sphere According to social critic and philosopher Jürgen Habermas "public sphere" first of all means "... a domain of our social life in which such a thing as public opinion can be formed. Access to the public sphere is open in principle to all citizens. A portion of the public sphere is constituted in every conversation in which private persons come together to form a public. They are then acting neither as business or professional people conducting their private affairs, nor as legal consociates subject to the legal regulations of a state bureaucracy and obligated to obedience. Citizens act as a public when they deal with matters of general interest without being subject to coercion; thus with the guarantee that they may assemble and unite freely, and express and publicize their opinions freely." The system of the public sphere is extremely complex, consisting of spatial and communicational publics of different sizes, which can overlap, exclude and cover, but also mutually influence each other. Public sphere is not something that just happens, but also produced through social norms and rules, and channeled via the construction of spaces and the media. In the ideal situation the public sphere is transparent and accessible for all citizens, issues and opinions. For democratic societies the public sphere constitutes an extremely important element within the process of public opinion formation.

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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..." (WIPO) To be protected a mark must be registered in a government office whereby generally the duration is limited in time, but can be periodically (usually every 10 years) renewed.

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WIPO The World Intellectual Property Organization is one of the specialized agencies of the United Nations (UN), which was designed to promote the worldwide protection of both industrial property (inventions, trademarks, and designs) and copyrighted materials (literary, musical, photographic, and other artistic works). It was established by a convention signed in Stockholm in 1967 and came into force in 1970. The aims of WIPO are threefold. Through international cooperation, WIPO promotes the protection of intellectual property. Secondly, the organization supervises administrative cooperation between the Paris, Berne, and other intellectual unions regarding agreements on trademarks, patents, and the protection of artistic and literary work and thirdly through its registration activities the WIPO provides direct services to applicants for, or owners of, industrial property rights.

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Neighboring rights Copyright laws generally provide for three kinds of neighboring rights: 1) the rights of performing artists in their performances, 2) the rights of producers of phonograms in their phonograms, and 3) the rights of broadcasting organizations in their radio and television programs. Neighboring rights attempt to protect those who assist intellectual creators to communicate their message and to disseminate their works to the public at large.

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Invention According to the WIPO an invention is a "... novel idea which permits in practice the solution of a specific problem in the field of technology." Concerning its protection by law the idea "... must be new in the sense that is has not already been published or publicly used; it must be non-obvious in the sense that it would not have occurred to any specialist in the particular industrial field, had such a specialist been asked to find a solution to the particular problem; and it must be capable of industrial application in the sense that it can be industrially manufactured or used." Protection can be obtained through a patent (granted by a government office) and typically is limited to 20 years.

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Jürgen Habermas Jürgen Habermas (b. 1929) is the leading scholar of the second generation of the Frankfurt School, a group of philosophers, cultural critics and social scientists associated with the Institute for Social Research, founded in Frankfurt in 1929. The Frankfurt School is best known for its program of developing a "critical theory of society". Habermas was a student of Adorno, becoming his assistant in 1956. He first taught philosophy at Heidelberg before becoming a professor of philosophy and sociology at the University of Frankfurt. In 1972, he moved to the Max-Planck Institute in Starnberg, but in the mid-1980s, he returned to his post at Frankfurt.

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1996 WIPO Copyright Treaty (WCT) The 1996 WIPO Copyright Treaty, which focused on taking steps to protect copyright "in the digital age" among other provisions 1) makes clear that computer programs are protected as literary works, 2) the contracting parties must protect databases that constitute intellectual creations, 3) affords authors with the new right of making their works "available to the public", 4) gives authors the exclusive right to authorize "any communication to the public of their works, by wire or wireless means ... in such a way that members of the public may access these works from a place and at a time individually chosen by them." and 5) requires the contracting states to protect anti-copying technology and copyright management information that is embedded in any work covered by the treaty. The WCT is available on: http://www.wipo.int/documents/en/diplconf/distrib/94dc.htm http://www.wipo.int/documents/en/diplconf/dis...

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