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Challenges for Copyright by ICT: Copyright Owners The main concern of copyright owners as the (in terms of 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 | |||||||||||||||
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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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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 " | |||||||||||||||
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Biometrics applications: gate keeping Identity has to do with "place". In less mobile societies, the place where a person finds him/herself tells us something about his/her identity. In pre-industrial times, gatekeepers had the function to control access of people to particular places, i.e. the gatekeepers function was to identify people and then decide whether somebody's identity would allow that person to physically occupy another place - a town, a building, a vehicle, etc. In modern societies, the unambiguous nature of place has been weakened. There is a great amount of physical mobility, and ever since the emergence and spread of electronic communication technologies there has been a "virtualisation" of places in what today we call "virtual space" (unlike place, space has been a virtual reality from the beginning, a mathematical formula) The question as to who one is no longer coupled to the physical abode. Highly mobile and virtualised social contexts require a new generation of gatekeepers which biometric technology aims to provide. | |||||||||||||||
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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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Copyright Management and Control Systems: Post-Infringement 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 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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Challenges for Copyright by ICT: Internet Service Providers 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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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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How the Internet works 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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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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Feeding the data body | |||||||||||||||
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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 " | |||||||||||||||
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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.: 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: More cases concerned with the issue of linking, Ross, Alexandra: Copyright Law and the Internet: | |||||||||||||||
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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
Credit bureaus Credit card companies Direct marketing companies Insurance companies Telecom service providers Mail order stores Online stores | |||||||||||||||
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Recent "Digital Copyright" Legislation: U.S. DMCA (Digital Millennium Copyright Act) The debates in the House and Senate preceding the signing into law of the DMCA by U.S. President Clinton in October 1998 indicated that the principal object of the Act is to promote the U.S. economy by establishing an efficient Internet marketplace in copyrighted works. The DMCA implements the two 1996 A full-text version of the DMCA is available from: The Library of Congress: Thomas (Legislative Information on the Internet): Moreover the U.S. Copyright Office provides a memorandum, which briefly summarizes each of the five titles of the DMCA (pdf format): The DMCA has been criticized for not clarifying the range of legal principles on the liability of ISPs and creating exceptions to only some of the provisions; therefore giving copyright owners even more rights. Among the variety of comments on the DMCA are: Lutzker, Arnold P.: Primer on the Digital Millennium: What the Digital Millennium Copyright Act and the Copyright Term Extension Act Mean for the Library Community. Lutzker & Lutzker law firm and the Association of Research Libraries: The Digital Millennium Copyright Act: Highlights of New Copyright Provision Establishing Limitation of Liability for Online Service Providers. | |||||||||||||||
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Legal Protection: WIPO (World Intellectual Property Organization) Presumably the major player in the field of international Information on WIPO administered agreements in the field of industrial property (Paris Convention for the Protection of Industrial Property (1883), Madrid Agreement Concerning the International Registration of Marks (1891) etc.) can be found on: Information on treaties concerning copyright and neighboring rights (Berne Convention for the Protection of Literary and Artistic Works (1886) etc.) is published on: The most recent multilateral agreement on copyright is the 1996 WIPO Copyright Treaty. Among other things it provides that computer programs are protected as literary works and also introduces the protection of databases, which "... by reason of the selection or arrangement of their content constitute intellectual creations." Furthermore the | |||||||||||||||
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Databody economy and the surveillance state
The glamour of the data body economy clouds economic practices which are much less than glamorous. Through the seizure of the data body, practices that in the real political arena were common in the feudal age and in the early industrial age are being reconstructed. The data body economy digitally reconstructs exploitative practices such as slavery and wage labour. However, culturally the data body is still a very new phenomenon: mostly, people think if it does not hurt, it cannot be my body. Exploitation of data bodies is painless and fast. Nevertheless, this can be expected to change once the awareness of the political nature of the data body becomes more widespread. As more and more people routinely move in digitised environments, it is to be expected that more critical questions will be asked and claims to autonomy, at present restricted to some artistic and civil society groups trying to get heard amidst the deafening noise of the commercial ICT propaganda, will be articulated on a more general level. The more problematic aspect of this development may be something else: the practices of the data body economy, themselves a reconstruction of old techniques of seizure, have begun to re-colonise real political space. Simon Davis, Director of the London-based privacy campaigners The constant adaptation process required from the modern individual has anonymised and structuralized punishment, which now appears in the guise of error messages and the privatisation of risk. | |||||||||||||||
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skytale The skytale (pronunciation: ski-ta-le) was a Spartan tool for encryption. It consisted of a piece of wood and a leather-strip. Any communicating party needed exactly the same size wooden stick. The secret message was written on the leather-strip that was wound around the wood, unwound again and sent to the recipient by a messenger. The recipient would rewound the leather and by doing this enciphering the message. | |||||||||||||||
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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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Enochian alphabet Also "Angelic" language. Archaic language alphabet composed of 21 letters, discovered by John Dee and his partner Edward Kelley. It has its own grammar and syntax, but only a small sample of it has ever been translated to English. | |||||||||||||||
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Society for Worldwide Interbank Financial Telecommunication (SWIFT) Founded in 1973 by 239 banks from 15 countries, SWIFT is responsible for maintaining the world's most important network dedicated to financial transaction processing. Although facing competition from smart cards, e.g., SWIFT can rely on an increasing clientèle. In September 1999 SWIFT served 6,710 live users in 189 countries. | |||||||||||||||
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François Duvalier b. April 14, 1907, Port-au-Prince, Haiti d. April 21, 1971, Port-au-Prince By name PAPA DOC, president of Haiti whose 14-year regime was of unprecedented duration in that country. A supporter of President Dumarsais Estimé, Duvalier was appointed director general of the National Public Health Service in 1946. He was appointed underminister of labour in 1948 and the following year became minister of public health and labour, a post that he retained until May 10, 1950, when President Estimé was overthrown by a military junta under Paul E. Magloire, who was subsequently elected president. By 1954 he had become the central opposition figure and went underground. Duvalier was elected president in September 1957. Setting about to consolidate his power, he reduced the size of the army and organized the Tontons Macoutes ("Bogeymen"), a private force responsible for terrorizing and assassinating alleged foes of the regime. Late in 1963 Duvalier moved further toward an absolutist regime, promoting a cult of his person as the semi divine embodiment of the Haitian nation. In April 1964 he was declared president for life. Although diplomatically almost completely isolated, excommunicated by the Vatican until 1966 for harassing the clergy, and threatened by conspiracies against him, Duvalier was able to stay in power longer than any of his predecessors. | |||||||||||||||
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Satellites Communications satellites are relay stations for radio signals and provide reliable and distance-independent high-speed connections even at remote locations without high-bandwidth infrastructure. On point-to-point transmission, the transmission method originally employed on, satellites face increasing competition from In the future, satellites will become stronger, cheaper and their orbits will be lower; their services might become as common as satellite TV is today. For more information about satellites, see How Satellites Work ( | |||||||||||||||
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Ku Klux Klan The Ku Klux Klan has a long history of violence. It emerged out of the resentment and hatred many white Southerners. Black Americans are not considered human beings. While the menace of the KKK has peaked and waned over the years, it has never vanished. | |||||||||||||||
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Internet Societal Task Force The Internet Societal Task Force is an organization under the umbrella of the Internet Society dedicated to assure that the Internet is for everyone by identifying and characterizing social and economic issues associated with the growth and use of Internet. It supplements the technical tasks of the Topics under discussion are social, economic, regulatory, physical barriers to the use of the Net, privacy, interdependencies of Internet penetration rates and economic conditions, regulation and taxation. | |||||||||||||||
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Ross Perot Ross Perot, founder of Official website: Unofficial website: | |||||||||||||||
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Bulletin Board Systems A BBS (bulletin board system) is a computer that can be reached by computer modem dialing (you need to know the phone number) or, in some cases, by Bulletin board systems originated and generally operate independently of the Internet. Source: Whatis.com | |||||||||||||||
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Leni Riefenstahl Leni Riefenstahl (* 1902) began her career as a dancer and actress. Parallel she learnt how to work with a camera, turning out to be one of the most talented directors and cutters of her time - and one of the only female ones. | |||||||||||||||
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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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Slobodan Milosevic Slobodan Milosevic (* 1941) is a Serbian political leader. As a young man S. Milosevic joined the Communist Party, in 1984 the banker became head of the local Communist Party of Belgrade, in 1987 head of the Serb CP. Since 1989 he has been president of Serbia (since 1997 president of the new Federal Republic of Yugoslavia). During his reign the Yugoslav Republic broke up, bringing about the independence of Slovenia and Croatia and the war in Bosnia. In 1998 the Kosovo Crisis started. | |||||||||||||||
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Intelsat Intelsat, the world's biggest communication satellite services provider, is still mainly owned by governments, but will be privatised during 2001, like http://www.intelsat.int/index.htm | |||||||||||||||
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Montage Certain elements of two or more photographs can be put together, mixed, and the outcome is a new picture. Like this, people can appear in the same picture, even "sit at the same table" though they have never met in reality. | |||||||||||||||
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Cooperative Association of Internet Data Analysis (CAIDA) Based at the University of California's San Diego Supercomputer Center, CAIDA supports cooperative efforts among the commercial, government and research communities aimed at promoting a scalable, robust Internet infrastructure. It is sponsored by the | |||||||||||||||
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Josef Goebbels Josef Goebbels (1897-1945) was Hitler's Minister for Propaganda and Public Enlightenment. He had unlimited influence on the press, the radio, movies and all kind of literary work in the whole Reich. In 1944 he received all power over the Total War. At the same time he was one of the most faithful followers of Hitler - and he followed him into death in 1945. | |||||||||||||||
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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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Agostino Ramelli's reading wheel, 1588 Agostino Ramelli designed a "reading wheel" which allowed browsing through a large number of documents without moving from one spot. Presenting a large number of books, a small library, laid open on lecterns on a kind of ferry-wheel, allowing us to skip chapters and to browse through pages by turning the wheel to bring lectern after lectern before our eyes, thus linking ideas and texts together, Ramelli's reading wheel reminds of today's browsing software used to navigate the | |||||||||||||||
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Internet Engineering Steering Group On behalf of the | |||||||||||||||
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Martin Hellman Martin Hellman was | |||||||||||||||
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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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Operating system An operating system is software that controls the many different operations of a computer and directs and coordinates its processing of programs. It is a remarkably complex set of instructions that schedules the series of jobs (user applications) to be performed by the computer and allocates them to the computer's various hardware systems, such as the | |||||||||||||||
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Boris Yeltsin Boris Yeltsin was Russian President until the end of 1999. After many years of work for the Communist Party, he joined the Politburo in 1986. His sharp critique on Mikhail Gorbachev forced that one to resign. Yeltsin won the 1990 election into Russian presidency and quit the Communist Party. Quarrels with the Parliament could not destroy his popularity until the secession war with Chechnya. When the Russian economy collapsed in 1998, he dismissed his entire government. In the end the sick old man of Russian politics had lost all his popularity as a president and resigned for the benefit of his political son Vladimir Putin. | |||||||||||||||
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