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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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 intellectual property by permitting still easier copying, electronic sales and transmissions of illegally reproduced copyrighted works on a grand scale.

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 copy-protection security measures.

Lately the International Intellectual Property Alliance has published a new report on the estimated trade losses due to piracy. (The IIPA assumes that their report actually underestimates the loss of income due to the unlawful copying and distribution of copyrighted works. Yet it should be taken into consideration that the IIPA is the representative of the U.S. core copyright industries (business software, films, videos, music, sound recordings, books and journals, and interactive entertainment software).)

Table: IIPA 1998 - 1999 Estimated Trade Loss due to Copyright Piracy (in millions of US$)





Motion Pictures

Records & Music

Business Applications

Entertainment Software

Books





1999

1998

1999

1998

1999

1998

1999

1998

1999

1998

Total Losses

1323

1421

1684

1613

3211

3437

3020

2952

673

619



Total Losses (core copyright industries)

1999

1998

9910.0

10041.5




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Enforcement: Copyright Management and Control Technologies

With the increased ease of the reproduction and transmission of unauthorized copies of digital works over electronic networks concerns among the copyright holder community have arisen. They fear a further growth of copyright piracy and demand adequate protection of their works. A development, which started in the mid 1990s and considers the copyright owner's apprehensions, is the creation of copyright management systems. Technological protection for their works, the copyright industry argues, is necessary to prevent widespread infringement, thus giving them the incentive to make their works available online. In their view the ideal technology should be "capable of detecting, preventing, and counting a wide range of operations, including open, print, export, copying, modifying, excerpting, and so on." Additionally such systems could be used to maintain "records indicating which permissions have actually been granted and to whom".

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Timeline 1600 - 1900 AD

17th century Cardinal Richelieu invents an encryption-tool called grille, a card with holes for writing messages on paper into the holes of those cards. Afterwards he removes the cards and fills in the blanks, so the message looks like an ordinary letter. The recipient needs to own the same card

- Bishop John Wilkins invents a cryptologic system looking like music notes. In a book he describes several forms of steganographic systems like secrets inks, but also the string cipher. He mentions the so-called Pig Latin, a spoken way of encryption that was already used by the ancient Indians

- the English scientist, magician and astrologer John Dee works on the ancient Enochian alphabet; he also possesses an encrypted writing that could not been broken until today

1605/1623 Sir Francis Bacon (= Francis Tudor = William Shakespeare?) writes several works containing ideas about cryptography. One of his most important advises is to use ciphers in such a way that no-one gets suspicious that the text could be enciphered. For this the steganogram was the best method, very often used in poems. The attempt to decipher Shakespeare's sonnets (in the 20th century) lead to the idea that his works had been written by Francis Bacon originally.

1671 Leibniz invents a calculating machine that uses the binary scale which we still use today, more advanced of course, called the ASCII code

18th century this is the time of the Black Chambers of espionage in Europe, Vienna having one of the most effective ones, called the "Geheime Kabinettskanzlei", headed by Baron Ignaz von Koch. Its task is to read through international diplomatic mail, copy letters and return them to the post-office the same morning. Supposedly about 100 letters are dealt with each day.

1790's Thomas Jefferson and Robert Patterson invent a wheel cipher

1799 the Rosetta Stone is found and makes it possible to decipher the Egyptian Hieroglyphs

1832 or 1838 Sam Morse develops the Morse Code, which actually is no code but an enciphered alphabet of short and long sounds. The first Morse code-message is sent by telegraph in 1844.

1834 the Braille Code for blind people is developed in today's form by Louis Braille

1844 the invention of the telegraph changes cryptography very much, as codes are absolutely necessary by then

1854 the Playfair cipher is invented by Sir Charles Wheatstone

1859 for the first time a tomographic cipher gets described

1861 Friedrich W. Kasiski does a cryptoanalysis of the Vigenère ciphers, which had been supposed to be uncrackable for ages

1891 Major Etienne Bazeries creates a new version of the wheel cipher, which is rejected by the French Army

1895 the invention of the radio changes cryptography-tasks again and makes them even more important

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History: "Indigenous Tradition"

In preliterate societies the association of rhythmic or repetitively patterned utterances with supernatural knowledge endures well into historic times. Knowledge is passed from one generation to another. Similar as in the Southern tradition intellectual property rights are rooted in a concept of 'collective' or 'communal' intellectual property existing in perpetuity and not limited to the life of an individual creator plus some number of years after his or her death. Often rights are exercised by only one individual in each generation, often through matrilineal descent.


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Product Placement

With television still being very popular, commercial entertainment has transferred the concept of soap operas onto the Web. The first of this new species of "Cybersoaps" was "The Spot", a story about the ups and downs of an American commune. The Spot not only within short time attracted a large audience, but also pioneered in the field of online product placement. Besides Sony banners, the companies logo is also placed on nearly every electronic product appearing in the story. Appearing as a site for light entertainment, The Spots main goal is to make the name Sony and its product range well known within the target audience.

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Znet

ZNet provides forum facilities for online discussion and chatting on various topics ranging from culture and ecology to international relations and economics. ZNet also publishes daily commentaries and maintains a Web-zine, which addresses current news and events as well as many other topics, trying to be provocative, informative and inspiring to its readers.

Strategies and Policies

Daily Commentaries: Znet's commentaries address current news and events, cultural happenings, and organizing efforts, providing context, critique, vision, and analysis, but also references to or reviews of broader ideas, new books, activism, the Internet, and other topics that strike the diverse participating authors as worthy of attention.

Forum System: Znet provides a private (and soon also a public) forum system. The fora are among others concerned with topics such as: activism, cultural, community/race/religion/ethnicity, ecology, economics/class, gender/kinship/sexuality, government/polity, international relations, ParEcon, vision/strategy and popular culture. Each forum has a set of threaded discussions, also the fora hosted by commentary writers like Chomsky, Ehrenreich, Cagan, Peters and Wise.

ZNet Daily WebZine: ZNet Daily WebZine offers commentaries in web format.

Z Education Online (planned): The Z Education Online site will provide instructionals and courses of diverse types as well as other university-like, education-aimed features.

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Kosov@

The "word" Kosov@ is a compromise between the Serb name KosovO and the Albanian KosovA. It is mostly used by international people who want to demonstrate a certain consciousness about the conflict including some sort of neutrality, believing that neither the one side nor the other (and maybe not even NATO) is totally right. Using the word Kosov@ is seen as a symbol of peace.

For more explanations (in German) see: http://www.zivildienst.at/kosov@.htm

http://www.zivildienst.at/kosov@.htm
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COMECON

The Council for Mutual Economic Aid (COMECON) was set up in 1949 consisting of six East European countries: Bulgaria, Czechoslovakia, Hungary, Poland, Romania, and the USSR, followed later by the German Democratic Republic (1950), Mongolia (1962), Cuba (1972), and Vietnam (1978). Its aim was, to develop the member countries' economies on a complementary basis for the purpose of achieving self-sufficiency. In 1991, Comecon was replaced by the Organization for International Economic Cooperation.

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retouch

The retouch is the simplest way to change a picture. Small corrections can be made through this way.
A well-known example is the correction of a picture from a Bill Clinton-visit in Germany. In the background of the photograph stood some people, holding a sign with critical comments. In some newspapers the picture was printed like this, in others a retouch had erased the sign.
Another example happened in Austria in 1999:
The right wing party FPÖ had a poster for the Parliamentarian elections which said: 1999 reasons to vote for Haider. Others answered by producing a retouch saying: 1938 reasons to not vote for Haider (pointing to the year 1939, when the vast majority of the Austrians voted for the "Anschluss" to Germany).

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Time Warner

The largest media and entertainment conglomerate in the world. The corporation resulted from the merger of the publisher Time Inc. and the media conglomerate Warner Communications Inc. in 1989. It acquired the Turner Broadcasting System, Inc. (TBS) in 1996. Time Warner Inc.'s products encompass magazines, hardcover books, comic books, recorded music, motion pictures, and broadcast and cable television programming and distribution. The company's headquarters are in New York City. In January 2000 Time Warner merged with AOL (America Online), which owns several online-services like Compuserve, Netscape and Netcenter in a US$ 243,3 billion deal.

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National Science Foundation (NSF)

Established in 1950, the National Science Foundation is an independent agency of the U.S. government dedicated to the funding in basic research and education in a wide range of sciences and in mathematics and engineering. Today, the NSF supplies about one quarter of total federal support of basic scientific research at academic institutions.

http://www.nsf.gov

For more detailed information see the Encyclopaedia Britannica: http://www.britannica.com/bcom/eb/article/0/0,5716,2450+1+2440,00.html

http://www.nsf.gov/
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Polybius

Polybius was one of the greatest historians of the ancient Greek. he lived from 200-118 BC. see: Polybius Checkerboard.

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Optical communication system by Aeneas Tacitus, 4th century B.C.

Aeneas Tacitus, a Greek military scientist and cryptographer, invented an optical communication system that combines water and beacon telegraphy. Torches indicated the beginnings and the ends of message transmissions while water jars were used to transmit the messages. These jars had a plugged standard-size hole drilled on the bottom side and were filled with water. As those who sent and those who received the message unplugged the jars simultaneously, the water drained out. Because the transmitted messages corresponded to water levels, the sender indicated by torch signal that the appropriate water level has been reached. It is a disadvantage that the possible messages are restricted to a given code, but as this system was mainly used for military purposes, this was offset by the advantage that it was almost impossible for outsiders to understand these messages unless they possessed the codebook.

With communication separated from transportation, the distant became near.

Tacitus' telegraph system was very fast and not excelled until the end of the 18th century.

For further information see Joanne Chang & Anna Soellner, Decoding Device, http://www.smith.edu/hsc/museum/ancient_inventions/decoder2.html

http://www.smith.edu/hsc/museum/ancient_inven...
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