Intellectual Property and the "Information Society" Metaphor

Today the talk about the so-called "information society" is ubiquitous. By many it is considered as the successor of the industrial society and said to represent a new form of societal and economical organization. This claim is based on the argument, that the information society uses a new kind of resource, which fundamentally differentiates from that of its industrial counterpart. Whereas industrial societies focus on physical objects, the information society's raw material is said to be knowledge and information. Yet the conception of the capitalist system, which underlies industrial societies, also continues to exist in an information-based environment. Although there have been changes in the forms of manufacture, the relations of production remain organized on the same basis. The principle of property.

In the context of a capitalist system based on industrial production the term property predominantly relates to material goods. Still even as in an information society the raw materials, resources and products change, the concept of property persists. It merely is extended and does no longer solely consider physical objects as property, but also attempts to put information into a set of property relations. This new kind of knowledge-based property is widely referred to as "intellectual property". Although intellectual property in some ways represents a novel form of property, it has quickly been integrated in the traditional property framework. Whether material or immaterial products, within the capitalist system they are both treated the same - as property.

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Economic structure; transparent customers

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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Positions Towards the Future of Copyright in the "Digital Age"

With the development of new transmission, distribution and publishing technologies and the increasing digitalization of information copyright has become the subject of vigorous debate. Among the variety of attitudes towards the future of traditional copyright protection two main tendencies can be identified:

Eliminate Copyright

Anti-copyrightists believe that any intellectual property should be in the public domain and available for all to use. "Information wants to be free" and copyright restricts people's possibilities concerning the utilization of digital content. An enforced copyright will lead to a further digital divide as copyright creates unjust monopolies in the basic commodity of the "information age". Also the increased ease of copying effectively obviates copyright, which is a relict of the past and should be expunged.

Enlarge Copyright

Realizing the growing economic importance of intellectual property, especially the holders of copyright (in particular the big publishing, distribution and other core copyright industries) - and therefore recipients of the royalties - adhere to the idea of enlarging copyright. In their view the basic foundation of copyright - the response to the need to provide protection to authors so as to give them an incentive to invest the time and effort required to produce creative works - is also relevant in a digital environment.

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Basics: Acquisition of Copyright

The laws of almost all countries provide that protection is independent of any formalities. Copyright protection then starts as soon as the work is created.

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Challenges for Copyright by ICT: Copyright Owners

The main concern of copyright owners as the (in terms of income generation) profiteers of intellectual property protection is the facilitation of pirate activities in digital environments.

Reproduction and Distribution

Unlike copies of works made using analog copiers (photocopy machines, video recorders etc.) digital information can be reproduced extremely fast, at low cost and without any loss in quality. Since each copy is a perfect copy, no quality-related limits inhibit pirates from making as many copies as they please, and recipients of these copies have no incentive to return to authorized sources to get another qualitatively equal product. Additionally the costs of making one extra copy of intellectual property online are insignificant, as are the distribution costs if the copy is moved to the end user over the Internet.

Control and Manipulation

In cross-border, global data networks it is almost impossible to control the exploitation of protected works. Particularly the use of anonymous remailers and other existing technologies complicates the persecution of pirates. Also digital files are especially vulnerable to manipulation, of the work itself, and of the (in some cases) therein-embedded copyright management information.

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Bureaucratic data bunkers



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. CAE speak of the bureaucracy as a "concrete form of uninterruptible, official and legitimised memory."

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Xerxes

Xerxes (~519-465 BC) was Persian King from 485-465 BC. He led his Army against the Greek but finally was defeated. He was the father of Alexander the Great.

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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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CIM

To perform manufacturing firm's functions related to design and production the CAD/CAM technology, for computer-aided design and computer-aided manufacturing, was developed. Today it is widely recognized that the scope of computer applications must extend beyond design and production to include the business functions of the firm. The name given to this more comprehensive use of computers is computer-integrated manufacturing (CIM).

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Whitfield Diffie

Whitfield Diffie is an Engineer at Sun Microsystems and co-author of Privacy on the Line (MIT Press) in 1998 with Susan Landau. In 1976 Diffie and Martin Hellman developed public key cryptography, a system to send information without leaving it open to be read by everyone.

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Disney

American corporation that became the best-known purveyor of child and adult entertainment in the 20th century. Its headquarters are in Burbank, Calif. The company was founded in 1929 and produced animated motion-picture cartoons.
In 1955 the company opened the Disneyland amusement park, one of the world's most famous. Under a new management, in the 1980s, Disney's motion-picture and animated-film production units became among the most successful in the United States. In 1996 the Disney corporation acquired Capital Cities/ABC Inc., which owned the ABC television network. The Disney Company also operates the Disney Channel, a pay television programming service.

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Oscar Wilde

Oscar Flingal O'Flahertie Wills (1854-1900) is one of the best and most famous poets and novelists of England of his time. His satirical and amusing texts exposed the false moral of the Bourgeoisie publicly. Besides, his life as a dandy made him the leader of aesthetics in England, until he was sent to prison because of homosexuality. Afterwards he lived in Paris where he died lonely and nearly forgotten in a hotel in 1900. His poems, fairy tales, novels and dramas survived.

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