World-Information.Org

Linking and Framing: Cases

Mormon Church v. Sandra and Jerald Tanner

In a ruling of December 1999, a federal judge in Utah temporarily barred two critics of the Mormon Church from posting on their website the Internet addresses of other sites featuring pirated copies of a Mormon text. The Judge said that it was likely that Sandra and Jerald Tanner had engaged in contributory copyright infringement when they posted the addresses of three Web sites that they knew, or should have known, contained the copies.

Kaplan, Carl S.:

Copyright Decision Threatens Freedom to Link. In: New York Times. December 10, 1999.

Universal Studios v. Movie-List

The website Movie-List, which features links to online, externally hosted movie trailers has been asked to completely refrain from linking to any of Universal Studio's servers containing the trailers as this would infringe copyright.

Cisneros, Oscar S.: Universal: Don't Link to Us. In:

Wired. July 27, 1999.

More cases concerned with the issue of linking,

framing and the infringement of

intellectual property are published in:

Ross, Alexandra: Copyright Law and the Internet:

Selected Statutes and Cases.

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Post-infringement technologies allow the owners of copyrighted works to identify infringements and thus enhance enforcement of

intellectual property

rights and encompass systems such as:

Steganography

Applied to electronic files, steganography refers to the process of hiding information in files that can not be easily detected by users. Steganography can be used by intellectual property owners in a variety of ways. One is to insert into the file a "digital watermark" which can be used to prove that an infringing file was the creation of the copyright holder and not the pirate. Other possibilities are to encode a unique serial number into each authorized copy or file, enabling the owner to trace infringing copies to a particular source, or to store

copyright management information.

Agents

Agents are programs that can implement specified commands automatically. Copyright owners can use agents to search the public spaces of the Internet to find infringing copies. Although the technology is not yet very well developed full-text search engines allow similar uses.

Copyright Litigation

While not every infringement will be the subject of litigation, the threat of litigation helps keep large pirate operations in check. It helps copyright owners obtain relief for specific acts of infringement and publicly warns others of the dangers of infringement.

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The 19th Century: First Programmable Computing Devices

Until the 19th century "early computers", probably better described as calculating machines, were basically mechanical devices and operated by hand. Early

calculators like the abacus worked with a system of sliding beads arranged on a rack and the centerpiece of

Leibniz's multiplier was a stepped-drum gear design.

Therefore

Charles Babbage's proposal of the Difference Engine (1822), which would have (it was never completed) a stored program and should perform calculations and print the results automatically, was a major breakthrough, as it for the first time suggested the

automation of computers. The construction of the Difference Engine, which should perform differential equations, was inspired by Babbage's idea to apply the ability of machines to the needs of mathematics. Machines, he noted, were best at performing tasks repeatedly without mistakes, while mathematics often required the simple repetition of steps.

After working on the Difference Engine for ten years Babbage was inspired to build another machine, which he called Analytical Engine. Its invention was a major step towards the design of modern computers, as it was conceived the first general-purpose computer. Instrumental to the machine's design was his assistant, Augusta Ada King, Countess of Lovelace, the first female computer programmer.

The second major breakthrough in the design of computing machines in the 19th century may be attributed to the American inventor Herman Hollerith. He was concerned with finding a faster way to compute the U.S. census, which in 1880 had taken nearly seven years. Therefore Hollerith invented a method, which used cards to store data information which he fed into a machine that compiled the results automatically. The punch cards not only served as a storage method and helped reduce computational errors, but furthermore significantly increased speed.

Of extraordinary importance for the evolution of digital computers and

artificial intelligence have furthermore been the contributions of the English mathematician and logician

George Boole. In his postulates concerning the Laws of Thought (1854) he started to theorize about the true/false nature of binary numbers. His principles make up what today is known as Boolean algebra, the collection of logic concerning AND, OR, NOT operands, on which computer switching theory and procedures are grounded. Boole also assumed that the human mind works according to these laws, it performs logical operations that could be reasoned. Ninety years later Boole's principles were applied to

circuits, the blueprint for electronic computers, by Claude Shannon.

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The Copyright Industry

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

International Intellectual Property Alliance the U.S. copyright industry has grown almost three times as fast as the economy as a whole for the past 20 years. In 1997, the

total copyright industries contributed an estimated US$ 529.3 billion to the U.S. economy with the

core copyright industries accounting for US$ 348.4 billion. Between 1977 and 1997, the absolute growth rate of value added to the U.S. GDP by the core copyright industries was 241 %. Also the copyright industry's foreign sales in 1997 (US$ 66.85 billion for the core copyright industries) were larger than the U.S. Commerce Department International Trade Administration's estimates of the exports of almost all other leading industry sectors. They exceeded even the combined automobile and automobile parts industries, as well as the agricultural sector.

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

intellectual property is expected. Therefore as copyright establishes ownership in intellectual property it is increasingly seen as the key to wealth in the future.

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Private data bunkers

On the other hand are the data bunkers of the private sector, whose position is different. Although these are fast-growing engines of data collection with a much greater degree of dynamism, they may not have the same privileged position - although one has to differentiate among the general historical and social conditions into which a data bunker is embedded. For example, it can safely be assumed that the databases of a large credit card company or bank are more protected than the bureaucracies of small developing countries.

Private data bunkers include

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plaintext

the original, legible text

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Sony Corporation

Japanese SONY KK, major Japanese manufacturer of consumer electronics products. Headquarters are in Tokyo. The company was incorporated in 1946 and spearheaded Japan's drive to become the world's dominant consumer electronics manufacturer in the late 20th century. The company was one of the first to recognize the potential of the consumer videotape market. In 1972 it formed an affiliate to market its Betamax colour videocassette system. In 1987-88 Sony purchased the CBS Records Group from CBS Inc., thus acquiring the world's largest record company. It followed that purchase with the purchase in 1989 of Columbia Pictures Entertainment Inc.

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cryptoanalysis

the study of breaking others' codes to transform a message back into a legible form without knowing the key from the beginning

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codes

an algorithm for bringing a legible message into an illegible form. There has to exist some sort of code book to encode/decode it.

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ciphertext

the enciphered/encoded and primarily illegible text

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to encipher/encode

to put a word or text into ciphers/codes

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ciphers

the word "cipher" comes from the Hebrew word "saphar", meaning "to number". Ciphers are mere substitutions. Each letter of the alphabet gets substituted; maybe by one letter or two or more.

an example:
PLAINTEXT a b c d e f g h i j k l m n o p q r s t u v w x y z
CIPHERTEXT D E F G H I J K L M N O P Q R S T U V W X Y Z A B C

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