Challenges for Copyright by ICT: Digital Content Providers

Providers of digital information might be confronted with copyright related problems when using some of the special features of hypertext media like frames and hyperlinks (which both use third party content available on the Internet to enhance a webpage or CD ROM), or operate a search engine or online directory on their website.

Framing

Frames are often used to help define, and navigate within, a content provider's website. Still, when they are used to present (copyrighted) third party material from other sites issues of passing off and misleading or deceptive conduct, as well as copyright infringement, immediately arise.

Hyperlinking

It is generally held that the mere creation of a hyperlink does not, of itself, infringe copyright as usually the words indicating a link or the displayed URL are unlikely to be considered a "work". Nevertheless if a link is clicked on the users browser will download a full copy of the material at the linked address creating a copy in the RAM of his computer courtesy of the address supplied by the party that published the link. Although it is widely agreed that the permission to download material over the link must be part of an implied license granted by the person who has made the material available on the web in the first place, the scope of this implied license is still the subject of debate. Another option that has been discussed is to consider linking fair use.

Furthermore hyperlinks, and other "information location tools", like online directories or search engines could cause their operators trouble if they refer or link users to a site that contains infringing material. In this case it is yet unclear whether providers can be held liable for infringement.

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In Search of Reliable Internet Measurement Data

Newspapers and magazines frequently report growth rates of Internet usage, number of users, hosts, and domains that seem to be beyond all expectations. Growth rates are expected to accelerate exponentially. However, Internet measurement data are anything thant reliable and often quite fantastic constructs, that are nevertheless jumped upon by many media and decision makers because the technical difficulties in measuring Internet growth or usage are make reliable measurement techniques impossible.

Equally, predictions that the Internet is about to collapse lack any foundation whatsoever. The researchers at the Internet Performance Measurement and Analysis Project (IPMA) compiled a list of news items about Internet performance and statistics and a few responses to them by engineers.

Size and Growth

In fact, "today's Internet industry lacks any ability to evaluate trends, identity performance problems beyond the boundary of a single ISP (Internet service provider, M. S.), or prepare systematically for the growing expectations of its users. Historic or current data about traffic on the Internet infrastructure, maps depicting ... there is plenty of measurement occurring, albeit of questionable quality", says K. C. Claffy in his paper Internet measurement and data analysis: topology, workload, performance and routing statistics (http://www.caida.org/Papers/Nae/, Dec 6, 1999). Claffy is not an average researcher; he founded the well-known Cooperative Association for Internet Data Analysis (CAIDA).

So his statement is a slap in the face of all market researchers stating otherwise.
In a certain sense this is ridiculous, because since the inception of the ARPANet, the offspring of the Internet, network measurement was an important task. The very first ARPANet site was established at the University of California, Los Angeles, and intended to be the measurement site. There, Leonard Kleinrock further on worked on the development of measurement techniques used to monitor the performance of the ARPANet (cf. Michael and Ronda Hauben, Netizens: On the History and Impact of the Net). And in October 1991, in the name of the Internet Activities Board Vinton Cerf proposed guidelines for researchers considering measurement experiments on the Internet stated that the measurement of the Internet. This was due to two reasons. First, measurement would be critical for future development, evolution and deployment planning. Second, Internet-wide activities have the potential to interfere with normal operation and must be planned with care and made widely known beforehand.
So what are the reasons for this inability to evaluate trends, identity performance problems beyond the boundary of a single ISP? First, in early 1995, almost simultaneously with the worldwide introduction of the World Wide Web, the transition of the stewardship role of the National Science Foundation over the Internet into a competitive industry (bluntly spoken: its privatization) left no framework for adequate tracking and monitoring of the Internet. The early ISPs were not very interested in gathering and analyzing network performance data, they were struggling to meet demands of their rapidly increasing customers. Secondly, we are just beginning to develop reliable tools for quality measurement and analysis of bandwidth or performance. CAIDA aims at developing such tools.
"There are many estimates of the size and growth rate of the Internet that are either implausible, or inconsistent, or even clearly wrong", K. G. Coffman and Andrew, both members of different departments of AT & T Labs-Research, state something similar in their paper The Size and Growth Rate of the Internet, published in First Monday. There are some sources containing seemingly contradictory information on the size and growth rate of the Internet, but "there is no comprehensive source for information". They take a well-informed and refreshing look at efforts undertaken for measuring the Internet and dismantle several misunderstandings leading to incorrect measurements and estimations. Some measurements have such large error margins that you might better call them estimations, to say the least. This is partly due to the fact that data are not disclosed by every carrier and only fragmentarily available.
What is measured and what methods are used? Many studies are devoted to the number of users; others look at the number of computers connected to the Internet or count IP addresses. Coffman and Odlyzko focus on the sizes of networks and the traffic they carry to answer questions about the size and the growth of the Internet.
You get the clue of their focus when you bear in mind that the Internet is just one of many networks of networks; it is only a part of the universe of computer networks. Additionally, the Internet has public (unrestricted) and private (restricted) areas. Most studies consider only the public Internet, Coffman and Odlyzko consider the long-distance private line networks too: the corporate networks, the Intranets, because they are convinced (that means their assertion is put forward, but not accompanied by empirical data) that "the evolution of the Internet in the next few years is likely to be determined by those private networks, especially by the rate at which they are replaced by VPNs (Virtual Private Networks) running over the public Internet. Thus it is important to understand how large they are and how they behave." Coffman and Odlyzko check other estimates by considering the traffic generated by residential users accessing the Internet with a modem, traffic through public peering points (statistics for them are available through CAIDA and the National Laboratory for Applied Network Research), and calculating the bandwidth capacity for each of the major US providers of backbone services. They compare the public Internet to private line networks and offer interesting findings. The public Internet is currently far smaller, in both capacity and traffic, than the switched voice network (with an effective bandwidth of 75 Gbps at December 1997), but the private line networks are considerably larger in aggregate capacity than the Internet: about as large as the voice network in the U. S. (with an effective bandwidth of about 330 Gbps at December 1997), they carry less traffic. On the other hand, the growth rate of traffic on the public Internet, while lower than is often cited, is still about 100% per year, much higher than for traffic on other networks. Hence, if present growth trends continue, data traffic in the U. S. will overtake voice traffic around the year 2002 and will be dominated by the Internet. In the future, growth in Internet traffic will predominantly derive from people staying longer and from multimedia applications, because they consume more bandwidth, both are the reason for unanticipated amounts of data traffic.

Hosts

The Internet Software Consortium's Internet Domain Survey is one of the most known efforts to count the number of hosts on the Internet. Happily the ISC informs us extensively about the methods used for measurements, a policy quite rare on the Web. For the most recent survey the number of IP addresses that have been assigned a name were counted. At first sight it looks simple to get the accurate number of hosts, but practically an assigned IP address does not automatically correspond an existing host. In order to find out, you have to send a kind of message to the host in question and wait for a reply. You do this with the PING utility. (For further explanations look here: Art. PING, in: Connected: An Internet Encyclopaedia) But to do this for every registered IP address is an arduous task, so ISC just pings a 1% sample of all hosts found and make a projection to all pingable hosts. That is ISC's new method; its old method, still used by RIPE, has been to count the number of domain names that had IP addresses assigned to them, a method that proved to be not very useful because a significant number of hosts restricts download access to their domain data.
Despite the small sample, this method has at least one flaw: ISC's researchers just take network numbers into account that have been entered into the tables of the IN-ADDR.ARPA domain, and it is possible that not all providers know of these tables. A similar method is used for Telcordia's Netsizer.

Internet Weather

Like daily weather, traffic on the Internet, the conditions for data flows, are monitored too, hence called Internet weather. One of the most famous Internet weather report is from The Matrix, Inc. Another one is the Internet Traffic Report displaying traffic in values between 0 and 100 (high values indicate fast and reliable connections). For weather monitoring response ratings from servers all over the world are used. The method used is to "ping" servers (as for host counts, e. g.) and to compare response times to past ones and to response times of servers in the same reach.

Hits, Page Views, Visits, and Users

Let us take a look at how these hot lists of most visited Web sites may be compiled. I say, may be, because the methods used for data retrieval are mostly not fully disclosed.
For some years it was seemingly common sense to report requested files from a Web site, so called "hits". A method not very useful, because a document can consist of several files: graphics, text, etc. Just compile a document from some text and some twenty flashy graphical files, put it on the Web and you get twenty-one hits per visit; the more graphics you add, the more hits and traffic (not automatically to your Web site) you generate.
In the meantime page views, also called page impressions are preferred, which are said to avoid these flaws. But even page views are not reliable. Users might share computers and corresponding IP addresses and host names with others, she/he might access not the site, but a cached copy from the Web browser or from the ISP's proxy server. So the server might receive just one page request although several users viewed a document.

Especially the editors of some electronic journals (e-journals) rely on page views as a kind of ratings or circulation measure, Rick Marin reports in the New York Times. Click-through rates - a quantitative measure - are used as a substitute for something of intrinsically qualitative nature: the importance of a column to its readers, e. g. They may read a journal just for a special column and not mind about the journal's other contents. Deleting this column because of not receiving enough visits may cause these readers to turn their backs on their journal.
More advanced, but just slightly better at best, is counting visits, the access of several pages of a Web site during one session. The problems already mentioned apply here too. To avoid them, newspapers, e.g., establish registration services, which require password authentication and therefore prove to be a kind of access obstacle.
But there is a different reason for these services. For content providers users are virtual users, not unique persons, because, as already mentioned, computers and IP addresses can be shared and the Internet is a client-server system; in a certain sense, in fact computers communicate with each other. Therefore many content providers are eager to get to know more about users accessing their sites. On-line registration forms or WWW user surveys are obvious methods of collecting additional data, sure. But you cannot be sure that information given by users is reliable, you can just rely on the fact that somebody visited your Web site. Despite these obstacles, companies increasingly use data capturing. As with registration services cookies come here into play.

For

If you like to play around with Internet statistics instead, you can use Robert Orenstein's Web Statistics Generator to make irresponsible predictions or visit the Internet Index, an occasional collection of seemingly statistical facts about the Internet.

Measuring the Density of IP Addresses

Measuring the Density of IP Addresses or domain names makes the geography of the Internet visible. So where on earth is the most density of IP addresses or domain names? There is no global study about the Internet's geographical patterns available yet, but some regional studies can be found. The Urban Research Initiative and Martin Dodge and Narushige Shiode from the Centre for Advanced Spatial Analysis at the University College London have mapped the Internet address space of New York, Los Angeles and the United Kingdom (http://www.geog.ucl.ac.uk/casa/martin/internetspace/paper/telecom.html and http://www.geog.ucl.ac.uk/casa/martin/internetspace/paper/gisruk98.html).
Dodge and Shiode used data on the ownership of IP addresses from RIPE, Europe's most important registry for Internet numbers.





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Basics: Introduction

Copyright law is a branch of intellectual property law and deals with the rights of intellectual creators in their works. The scope of copyright protection as laid down in Article 2 of the 1996 WIPO Copyright Treaty "... extends to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such." Copyright law protects the creativity concerning the choice and arrangement of words, colors, musical notes etc. It grants the creators of certain specified works exclusive rights relating to the "copying" and use of their original creation.


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Virtual cartels; mergers

In parallel to the deregulation of markets, there has been a trend towards large-scale mergers which ridicules dreams of increased competition.

Recent mega-mergers and acquisitions include

SBC Communications - Ameritech, $ 72,3 bn

Bell Atlantic - GTE, $ 71,3

AT&T - Media One, $ 63,1

AOL - Time Warner, $ 165 bn

MCI Worldcom - Spring, $ 129 bn

The total value of all major mergers since the beginnings of the 1990s has been 20 trillion Dollars, 2,5 times the size of the USA's GIP.

The AOL- Time Warner reflects a trend which can be observed everywhere: the convergence of the ICT and the content industries. This represents the ultimate advance in complete market domination, and a alarming threat to independent content.

"Is TIME going to write something negative about AOL? Will AOL be able to offer anything other than CNN sources? Is the Net becoming as silly and unbearable as television?"

(Detlev Borchers, journalist)

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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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Other biometric technologies

Other biometric technologies not specified here include ear recognition, signature dynamics, key stroke dynamics, vein pattern recognition, retinal scan, body odour recognition, and DNA recognition. These are technologies which are either in early stages of development or used in highly specialised and limited contexts.

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Timeline Cryptography - Introduction

Besides oral conversations and written language many other ways of information-transport are known: like the bush telegraph, drums, smoke signals etc. Those methods are not cryptography, still they need en- and decoding, which means that the history of language, the history of communication and the history of cryptography are closely connected to each other
The timeline gives an insight into the endless fight between enciphering and deciphering. The reasons for them can be found in public and private issues at the same time, though mostly connected to military maneuvers and/or political tasks.

One of the most important researchers on Cryptography through the centuries is David Kahn; many parts of the following timeline are originating from his work.

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Basics: Protected Persons

Generally copyright vests in the author of the work. Certain national laws provide for exceptions and, for example, regard the employer as the original owner of a copyright if the author was, when the work was created, an employee and employed for the purpose of creating that work. In the case of some types of creations, particularly audiovisual works, several national laws provide for different solutions to the question that should be the first holder of copyright in such works.

Many countries allow copyright to be assigned, which means that the owner of the copyright transfers it to another person or entity, which then becomes its holder. When the national law does not permit assignment it usually provides the possibility to license the work to someone else. Then the owner of the copyright remains the holder, but authorizes another person or entity to exercise all or some of his rights subject to possible limitations. Yet in any case the "moral rights" always belong to the author of the work, whoever may be the owner of the copyright (and therefore of the "economic rights").


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Feeding the data body

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Artificial intelligence approaches

Looking for ways to create intelligent machines, the field of artificial intelligence (AI) has split into several different approaches based on the opinions about the most promising methods and theories. The two basic AI approaches are: bottom-up and top-down. The bottom-up theory suggests that the best way to achieve artificial intelligence is to build electronic replicas of the human brain's complex network of neurons (through neural networks and parallel computing) while the top-down approach attempts to mimic the brain's behavior with computer programs (for example expert systems).

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Joseph Stalin

Joseph Stalin (1879-1953):
After Lenin's death he took over and became a dictator without any limits of power. Everyone who dared to talk or act against him or was in suspicion of doing so, got killed. Millions were murdered. His empire was one made out of propaganda and fear. As long as he was in power his picture had to be in every flat and bureau. Soon after his death the cult was stopped and in 1956 the De-Stalination was started, though he was partly rehabilitated in 1970.

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News Corporation

The News Corporation Ltd., a global media holding company, which governed News Limited (Australia), News International (U.K.), and News America Holdings Inc. (U.S.) was founded by the Australian-born newspaper publisher and media entrepreneur, Rupert Murdoch. Murdoch's corporate interests center on newspaper, magazine, book, and electronic publishing; television broadcasting; and film and video production, principally in the United States, the United Kingdom, and Australia.

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Augustus

Gaius Julius Caesar Octavian Augustus (63 BC - 14 AD) was adopted by Julius Caesar and became the first Roman Emperor. While he was very successful in military affairs abroad, he tried to bring back law and order to the Roman population. He was most interested in arts and philosophy.

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Fuzzy logic

A superset of Boolean logic (George Boole) introduced by Lotfi Zadeh in the 1960s as a means to model the uncertainty of natural language. Fuzzy logic is a type of logic that recognizes more than simple true and false values. It represents a departure from classical two-valued sets and logic, that use "soft" linguistic (e.g. large, small, hot, cold, warm) system variables and a continuous range of truth values in the interval [0,1], rather than strict binary (true or false) decisions and assignments.

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Bertelsmann

The firm began in Germany in 1835, when Carl Bertelsmann founded a religious print shop and publishing establishment in the Westphalian town of Gütersloh. The house remained family-owned and grew steadily for the next century, gradually adding literature, popular fiction, and theology to its title list. Bertelsmann was shut down by the Nazis in 1943, and its physical plant was virtually destroyed by Allied bombing in 1945. The quick growth of the Bertelsmann empire after World War II was fueled by the establishment of global networks of book clubs (from 1950) and music circles (1958). By 1998 Bertelsmann AG comprised more than 300 companies concentrated on various aspects of media. During fiscal year 1997-98, Bertelsmann earned more than US$15 billion in revenue and employed 58.000 people, of whom 24.000 worked in Germany.

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