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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 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 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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1961: Installation of the First Industrial Robot Industrial |
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Data bunkers Personal data are collected, appropriated, processed and used for commercial purposes on a global scale. In order for such a global system to operate smoothly, there a server nodes at which the data streams converge. Among the foremost of these are the data bases of credit card companies, whose operation has long depended on global networking. On top of credit card companies such as Visa, American Express, Master Card, and others. It would be erroneous to believe that the primary purpose of business of these companies is the provision of credit, and the facilitation of credit information for sale transactions. In fact, Information means much more than just credit information. In an advertisement of 1982, American Express described itself in these terms: ""Our product is information ...Information that charges airline tickets, hotel rooms, dining out, the newest fashions ...information that grows money funds buys and sells equities ...information that pays life insurance annuities ...information that schedules entertainment on cable television and electronically guards houses ...information that changes kroners into guilders and figures tax rates in Bermuda ..." Information has become something like the gospel of the New Economy, a doctrine of salvation - the life blood of society, as Bill Gates expresses it. But behind information there are always data that need to be generated and collected. Because of the critical importance of data to the economy, their possession amounts to power and their loss can cause tremendous damage. The data industry therefore locates its data warehouses behind fortifications that bar physical or electronic access. Such structures are somewhat like a digital reconstruction of the medieval fortress Large amounts of data are concentrated in fortress-like structures, in data bunkers. As the |
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Challenges for Copyright by ICT: Introduction Traditional copyright and the practice of paying Yet again new technologies have altered the way of how (copyrighted) works are produced, copied, made obtainable and distributed. The emergence of global electronic networks and the increased availability of digitalized intellectual property confront existing copyright with a variety of questions and challenges. Although the combination of several types of works within one larger work or on one data carrier, and the digital format (although this may be a recent development it has been the object of detailed legal scrutiny), as well as networking (telephone and cable networks have been in use for a long time, although they do not permit interactivity) are nothing really new, the circumstance that recent technologies allow the presentation and storage of text, sound and visual information in digital form indeed is a novel fact. Like that the entire information can be generated, altered and used by and on one and the same device, irrespective of whether it is provided online or offline. |
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Feeding the data body |
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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 |
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Legal Protection: European Union Within the EU's goal of establishing a European single market also An overview of EU activities relating to intellectual property protection is available on the website of the European Commission (DG Internal Market): |
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Individualized Audience Targeting New opportunities for online advertisers arise with the possibility of one-to-one Web applications. Software agents for example promise to "register, recognize and manage end-user profiles; create personalized communities on-line; deliver personalized content to end-users and serve highly targeted advertisements". The probably ultimate tool for advertisers. Although not yet widely used, companies like |
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History: Communist Tradition Following the communist revolutions of the 20th century all "means of production" became the property of the state as representative of "the masses". Private property ceased to exist. While moral rights of the creator were recognized and economic rights acknowledged with a one-time cash award, all subsequent rights reverted to the state. With the transformation of many communist countries to a market system most of them have now introduced laws establishing markets in intellectual property rights. Still the high rate of piracy reflects a certain lack of legal tradition. |
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1500 - 1700 A.D. 1588 Agostino Ramelli designed a "reading wheel", which allowed browsing through a large number of documents without moving from one spot to another. The device presented a large number of books - a small library - laid open on lecterns on a kind of ferry-wheel. It allowed skipping chapters and browsing through pages by turning the wheel to bring lectern after lectern before the eyes. Ramelli's reading wheel thus linked ideas and texts and reminds of today's browsing software used to navigate the 1597 The first newspaper is printed in Europe. |
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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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Definition During the last 20 years the old "Digital divide" describes the fact that the world can be divided into people who do and people who do not have access to (or the education to handle with) modern information technologies, e.g. cellular telephone, television, Internet. This digital divide is concerning people all over the world, but as usually most of all people in the formerly so called third world countries and in rural areas suffer; the poor and less-educated suffer from that divide. More than 80% of all computers with access to the Internet are situated in larger cities. "The cost of the information today consists not so much of the creation of content, which should be the real value, but of the storage and efficient delivery of information, that is in essence the cost of paper, printing, transporting, warehousing and other physical distribution means, plus the cost of the personnel manpower needed to run these `extra' services ....Realizing an autonomous distributed networked society, which is the real essence of the Internet, will be the most critical issue for the success of the information and communication revolution of the coming century of millennium." (Izumi Aizi) for more information see: |
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Databody convergence In the phrase "the rise of the citizen as a consumer", to be found on the When the citizen becomes a consumer, the state must become a business. In the data body business, the key word behind this new identity of government is "outsourcing". Functions, that are not considered core functions of government activity are put into the hands of private contractors. There have long been instances where privately owned data companies, e.g. credit card companies, are allowed access to public records, e.g. public registries or electoral rolls. For example, in a normal credit card transaction, credit card companies have had access to public records in order to verify identity of a customer. For example, in the UK citizen's personal data stored on the Electoral Roll have been used for commercial purposes for a long time. The new British Data Protection Act now allows people to "opt out" of this kind of commercialisation - a legislation that has prompted protests on the part of the data industry: While this may serve as an example of an increased public awareness of privacy issues, the trend towards outsourcing seems to lead to a complete breakdown of the barriers between commercial and public use of personal data. This trend can be summarised by the term "outsourcing" of government functions. Governments increasingly outsource work that is not considered core function of government, e.g. cooking meals in hospitals or mowing lawns in public parks. Such peripheral activities marked a first step of outsourcing. In a further step, governmental functions were divided between executive and judgemental functions, and executive functions increasingly entrusted to private agencies. For these agencies to be able to carry out the work assigned to them, the need data. Data that one was stored in public places, and whose handling was therefore subject to democratic accountability. Outsourcing has produced gains in efficiency, and a decrease of accountability. Outsourced data are less secure, what use they are put to is difficult to control. The world's largest data corporation, Technically the linking of different systems is already possible. It would also create more efficiency, which means generate more income. The question, then, whether democracy concerns will prevent it from happening is one that is capable of creating But what the EDS example shows is something that applies everywhere, and that is that the data industry is whether by intention or whether by default, a project with profound political implications. The current that drives the global economy deeper and deeper into becoming a global data body economy may be too strong to be stopped by conventional means. However, the convergence of political and economic data bodies also has technological roots. The problem is that politically motivated surveillance and economically motivated data collection are located in the same area of information and communication technologies. For example, monitoring internet use requires more or less the same technical equipment whether done for political or economic purposes. Data mining and data warehousing techniques are almost the same. Creating transparency of citizens and customers is therefore a common objective of intelligence services and the data body industry. Given that data are exchanged in electronic networks, a compatibility among the various systems is essential. This is another factor that encourages "leaks" between state-run intelligence networks and the private data body business. And finally, given the secretive nature of state intelligence and commercial data capturing , there is little transparency. Both structures occupy an opaque zone. |
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Online data capturing Hardly a firm today can afford not to engage in electronic commerce if it does not want to be swept out of business by competitors. "Information is everything" has become something like the Lord's prayer of the New Economy. But how do you get information about your customer online? Who are the people who visit a website, where do they come from, what are they looking for? How much money do they have, what might they want to buy? These are key questions for a company doing electronic business. Obviously not all of this information can be obtained by monitoring the online behaviour of web users, but there are always little gimmicks that, when combined with common tracking technologies, can help to get more detailed information about a potential customer. These are usually online registration forms, either required for entry to a site, or competitions, sometimes a combination of the two. Obviously, if you want to win that weekend trip to New York, you want to provide your contact details. The most common way of obtaining information about a user online is a But cookies record enough information to fine-tune advertising strategies according to a user's preferences and interests, e.g. by displaying certain commercial banners rather than others. For example, if a user is found to respond to a banner of a particular kind, he / she may find two of them at the next visit. Customizing the offers on a website to the particular user is part of one-to-one marketing, a type of One-to-one marketing can create very different realities that undermine traditional concepts of demand and supply. The ideal is a "frictionless market", where the differential between demand and supply is progressively eliminated. If a market is considered a structure within which demand / supply differentials are negotiated, this amounts to the abolition of the established notion of the nature of a market. Demand and supply converge, desire and it fulfilment coincide. In the end, there is profit without labour. However, such a structure is a hermetic structure of unfreedom. It can only function when payment is substituted by credit, and the exploitation of work power by the exploitation of data. In fact, in modern economies there is great pressure to increase spending on credit. Using credit cards and taking up loans generates a lot of data around a person's economic behaviour, while at the same restricting the scope of social activity and increasing dependence. On the global level, the consequences of credit spirals can be observed in many of the developing countries that have had to abandon most of their political autonomy. As the data body economy advances, this is also the fate of people in western societies when they are structurally driven into credit spending. It shows that data bodies are not politically neutral. The interrelation between data, profit and unfreedom is frequently overlooked by citizens and customers. Any company in a modern economy will apply data collecting strategies for profit, with dependence and unfreedom as a "secondary effect". The hunger for data has made IT companies eager to profit from e-business rather resourceful. "Getting to know the customer" - this is a catchphrase that is heard frequently, and which suggests that there are no limits to what a company may want to about a customer. In large online shops, such as But there are more advanced and effective ways of identification. The German company Bu there are much less friendly ways of extracting data from a user and feeding the data body. Less friendly means: these methods monitor users in situations where the latter are likely not to want to be monitored. Monitoring therefore takes place in a concealed manner. One of these monitoring methods are so-called Bugs monitoring users have also been packaged in seemingly harmless toys made available on the Internet. For example, The cursor image technology relies on what is called a GUID (global unique identifier). This is an identification number which is assigned to a customer at the time of registration, or when downloading a product. Many among the online community were alarmed when in 1999 it was discovered that However, in the meantime, another possible infringement on user anonymity by Microsoft was discovered, when it as found out that MS Office documents, such as Word, Excel or Powerpoint, contain a bug that is capable of tracking the documents as they are sent through the net. The bug sends information about the user who opens the document back to the originating server. A document that contains the bug can be tracked across the globe, through thousands of stopovers. In detailed description of the bug and how it works can be found at the Of course there are many other ways of collecting users' data and creating appropriating data bodies which can then be used for economic purposes. Indeed, as Bill Gates commented, "information is the lifeblood of business". The electronic information networks are becoming the new frontier of capitalism. |
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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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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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AT&T Labs-Research The research and development division of http://www.research.att.com/ |
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International Cable Protection Committee (ICPC) The ICPC aims at reducing the number of incidents of damages to submarine telecommunications cables by hazards. The Committee also serves as a forum for the exchange of technical and legal information pertaining to submarine cable protection methods and programs and funds projects and programs, which are beneficial for the protection of submarine cables. Membership is restricted to authorities (governmental administrations or commercial companies) owning or operating submarine telecommunications cables. As of May 1999, 67 members representing 38 nations were members. http://www.iscpc.org |
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Caching Caching is a mechanism that attempts to decrease the time it takes to retrieve data by storing a copy at a closer location. |
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IIPA The International |
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Federal Networking Council Being an organization established in the name of the US government, the Federal Networking Council (FNC) acts as a forum for networking collaborations among Federal agencies to meet their research, education, and operational mission goals and to bridge the gap between the advanced networking technologies being developed by research FNC agencies and the ultimate acquisition of mature version of these technologies from the commercial sector. Its members are representatives of agencies as the National Security Agency, the Department of Energy, the http://www.fnc.gov |
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Vacuum tube The first half of the 20th century was the era of the vacuum tube in electronics. This variety of electron tube permitted the development of radio broadcasting, long-distance |
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Fiber-optic cable networks Fiber-optic cable networks may become the dominant method for high-speed Internet connections. Since the first fiber-optic cable was laid across the Atlantic in 1988, the demand for faster Internet connections is growing, fuelled by the growing network traffic, partly due to increasing implementation of corporate networks spanning the globe and to the use of graphics-heavy contents on the Fiber-optic cables have not much more in common with copper wires than the capacity to transmit information. As copper wires, they can be terrestrial and submarine connections, but they allow much higher transmission rates. Copper wires allow 32 telephone calls at the same time, but fiber-optic cable can carry 40,000 calls at the same time. A capacity, Copper wires will not come out of use in the foreseeable future because of technologies as For technical information from the Encyclopaedia Britannica on telecommunication cables, click An entertaining report of the laying of the FLAG submarine cable, up to now the longest fiber-optic cable on earth, including detailed background information on the cable industry and its history, Neal Stephenson has written for Wired: Mother Earth Mother Board. Click Susan Dumett has written a short history of undersea cables for Pretext magazine, Evolution of a Wired World. Click A timeline history of submarine cables and a detailed list of seemingly all submarine cables of the world, operational, planned and out of service, can be found on the Web site of the For maps of fiber-optic cable networks see the website of |
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Sperry Formerly (1955 - 1979) Sperry Rand Corporation, American corporation that merged with the Burroughs Corporation in 1986 to form Unisys Corporation, a large computer manufacturer. |
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National Laboratory for Applied Network Research NLANR, initially a collaboration among supercomputer sites supported by the Today NLANR offers support and services to institutions that are qualified to use high performance network service providers - such as Internet 2 and http://www.nlanr.net |
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Virtual Private Networks Virtual Private Networks provide secured connections to a corporate site over a public network as the Internet. Data transmitted through secure connections are encrypted and therefore have to be encrypted before they can be read. These networks are called virtual because connections are provided only when you connect to a corporate site; they do not rely on dedicated lines and support mobile use. |
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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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Bandwidth The bandwidth of a transmitted communications signal is a measure of the range of frequencies the signal occupies. The term is also used in reference to the frequency-response characteristics of a communications receiving system. All transmitted signals, whether analog or digital, have a certain bandwidth. The same is true of receiving systems. Generally speaking, bandwidth is directly proportional to the amount of data transmitted or received per unit time. In a qualitative sense, bandwidth is proportional to the complexity of the data for a given level of system performance. For example, it takes more bandwidth to download a photograph in one second than it takes to download a page of text in one second. Large sound files, computer programs, and animated videos require still more bandwidth for acceptable system performance. Virtual reality (VR) and full-length three-dimensional audio/visual presentations require the most bandwidth of all. In digital systems, bandwidth is data speed in bits per second (bps). Source: Whatis.com |
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William Gibson American science fiction author. Most famous novel: Neuromancer. For resources as writings and interviews available on the Internet see http://www.lib.loyno.edu/bibl/wgibson.htm |
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Proxy Servers A proxy server is a server that acts as an intermediary between a workstation user and the Internet so that security, administrative control, and caching service can be ensured. A proxy server receives a request for an Internet service (such as a Web page request) from a user. If it passes filtering requirements, the proxy server, assuming it is also a cache server, looks in its local cache of previously downloaded Web pages. If it finds the page, it returns it to the user without needing to forward the request to the Internet. If the page is not in the cache, the proxy server, acting as a client on behalf of the user, uses one of its own Source: Whatis.com |
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America Online Founded in 1985, America Online is the world's biggest Internet service provider serving almost every second user. Additionally, America Online operates CompuServe, the Netscape Netcenter and several AOL.com portals. As the owner of Netscape, Inc. America Online plays also an important role in the Web browser market. In January 2000 America Online merged with Time Warner, the worlds leading media conglomerate, in a US$ 243,3 billion deal, making America Online the senior partner with 55 percent in the new company. |
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VISA Visa International's over 21,000 member financial institutions have made VISA one of the world's leading full-service payment network. Visa's products and services include Visa Classic card, Visa Gold card, Visa debit cards, Visa commercial cards and the Visa Global ATM Network. VISA operates in 300 countries and territories and also provides a large consumer payments processing system. |
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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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