ISPs (Internet Service Providers) (and to a certain extent also telecom operators) are involved in the copyright debate primarily because of their role in the transmission and storage of digital information. Problems arise particularly concerning
Caching
Caching it is argued could cause damage because the copies in the cache are not necessarily the most current ones and the delivery of outdated information to users could deprive website operators of accurate "hit" information (information about the number of requests for a particular material on a website) from which advertising revenue is frequently calculated. Similarly harms such as defamation or infringement that existed on the original page may propagate for years until flushed from each cache where they have been replicated.
Although different concepts, similar issues to caching arise with mirroring (establishing an identical copy of a website on a different server), archiving (providing a historical repository for information, such as with newsgroups and mailing lists), and full-text indexing (the copying of a document for loading into a full-text or nearly full-text database which is searchable for keywords or concepts).
Under a literal reading of some copyright laws caching constitutes an infringement of copyright. Yet recent legislation like the
Information Residing on Systems or Networks at the Direction of Users
ISPs may be confronted with problems if infringing material on websites (of users) is hosted on their systems. Although some copyright laws like the DMCA provide for limitations on the liability of ISPs if certain conditions are met, it is yet unclear if ISPs should generally be accountable for the storage of infringing material (even if they do not have actual knowledge) or exceptions be established under specific circumstances.
Transitory Communication
In the course of transmitting digital information from one point on a network to another ISPs act as a data conduit. If a user requests information ISPs engage in the transmission, providing of a connection, or routing thereof. In the case of a person sending infringing material over a network, and the ISP merely providing facilities for the transmission it is widely held that they should not be liable for infringement. Yet some copyright laws like the DMCA provide for a limitation (which also covers the intermediate and transient copies that are made automatically in the operation of a network) of liability only if the ISPs activities meet certain conditions.
For more information on copyright (
Harrington, Mark E.: On-line Copyright Infringement Liability for Internet Service Providers: Context, Cases & Recently Enacted Legislation. In:
Teran, G.:
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Profiling and Data Mining
At their most basic
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
Provisions concerning technological protection measures and fair use are stated in the
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Among the foremost of the data bunkers government bureaucracies. Bureaucracies are the oldest forms of bunkers and are today deeply engrained in modern societies. Bureaucracies have always had the function of collecting and administering the data of subjects. What make this process more problematic in the age of ICT is that a lot more data can be collected, they can be collected in clandestine ways (e.g. in surveillance situations), and the can be combined and merged using advanced data mining technologies. In addition, there is a greater rationale for official data collecting, as a lot more data is required for the functioning of public administration as in previous periods, as societies rush to adopt increasingly complex technologies, above all ICTs. The increasing complexity of modern societies means that an increasing number of bureaucratic decision is taken, all of which require a calculation process. Complexity, viewed through government spectacles, generates insecurity - a great deal of the bureaucratic activity therefore revolves around the topic of security.
In spite of the anti-bureaucratic rhetoric of most governments, these factors provides the bureaucracies with an increased hold on society. Foremost bureaucratic data bunkers include the following:
- Law enforcement agencies
Fiscal agencies
Intelligence agencies
Social welfare agencies
Social insurance institutions
Public health agencies
Educational institutions
These are agencies that enjoy the privileged protection of the state. Those among them that operate in the field of security are further protected against public scrutiny, as they operate in an area to which democratic reason has no access.
What makes the data repositories of these institutions different from private data bunkers is their "official", i.e. their politically binding and definitive character.
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On the Internet, when you want to retrieve a document from another computer, you request a service from this computer. Your computer is the client, the computer on which the information you want to access is stored, is called the
A common set of standards allows the exchange of data and commands independent from locations, time, and operating systems through the Internet. These standards are called communication protocols, or the Internet Protocol Suite, and are implemented in Internet software. Sometimes the Internet Protocol Suite is erroneously identified with
Any information to be transferred is broken down into pieces, so-called packets, and the Internet Protocol figures out how the data is supposed to get from A to B by passing through routers.
Each packet is "pushed" from router to router via
The technique of breaking down all messages and requests into packets has the advantage that a large data bundle (e.g. videos) sent by a single user cannot block a whole network, because the
One of the Internet's (and of the Matrix's) beginnings was the
Routing around depends on the location of the interruption and on the availability of intersecting points between networks. If, for example, an E-mail message is sent from Brussels to Athens and in Germany a channel is down, it will not affect access very much, the message will be routed around this damage, as long as a major Internet exchange is not affected. However, if access depends on a single backbone connection to the Internet and this connection is cut off, there is no way to route around.
In most parts of the world the Internet is therefore vulnerable to disruption. "The idea of the Internet as a highly distributed, redundant global communications system is a myth. Virtually all communications between countries take place through a very small number of bottlenecks, and the available bandwidth isn't that great," says Douglas Barnes. These bottlenecks are the network connections to neighboring countries. Many countries rely on a one single connection to the Net, and in some places, such as the Suez Canal, there is a concentration of fiber-optic cables of critical importance.
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Copyright is not only about protecting the rights of creators, but has also become a major branch of industry with significant contributions to the global economy. According to the
In an age where knowledge and information become more and more important and with the advancement of new technologies, transmission systems and distribution channels a further increase in the production of
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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
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
Lately the
Table: IIPA 1998 - 1999 Estimated Trade Loss due to Copyright Piracy (in millions of US$)
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Following the dynamics of informatised economies, the consumption habits and lifestyles if customers are of great interest. New technologies make it possible to store and combine collected data of an enormous amount of people.
User profiling helps companies understand what potential customers might want. Often enough, such data collecting takes place without the customer's knowledge and amounts to spying.
"Much of the information collection that occurs on the Internet is invisible to the consumer, which raises serious questions of fairness and informed consent."
(David Sobel, Electronic Privacy Information Center)
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Backbone networks are central networks usually of very high bandwidth, that is, of very high transmitting capacity, connecting regional networks. The first backbone network was the
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.
ARPAnet was the small network of individual computers connected by leased lines that marked the beginning of today's global data networks. Being an experimental network mainly serving the purpose to test the feasibility of
In 1969 ARPANET went online and links the first two computers, one of them located at the University of California, Los Angeles, the other at the Stanford Research Institute.
But ARPAnet has not become widely accepted before it was demonstrated in action to a public of computer experts at the First International Conference on Computers and Communication in Washington, D. C. in 1972.
Before it was decommissioned in 1990,
In the USA commercial users already outnumbered military and academic users in 1994.
Despite the rapid growth of the Net, most computers linked to it are still located in the United States.
Telnet allows you to login remotely on a computer connected to the Internet.
A gateway is a computer supplying point-to-multipoint connections between computer networks.
The International
FTP enables the transfer of files (text, image, video, sound) to and from other remote computers connected to the Internet.