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: | |||||||||||||||
| |||||||||||||||
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 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 | |||||||||||||||
| |||||||||||||||
Transparent customers. Direct marketing online This process works even better on the Internet because of the latter's interactive nature. "The Internet is a dream to direct marketers", said Wil Lansing, CEO of the American retailer Many web sites also are equipped with One frequent way of obtaining such personal information of a user is by offering free web mail accounts offered by a great many companies, internet providers and web portals (e.g. However, the intention of collecting users personal data and create consumer profiles based on online behaviour can also take on more creative and playful forms. One such example is The particular way in which sites such as sixdegrees.com and others are structured mean that not only to users provide initial information about them, but also that this information is constantly updated and therefore becomes even more valuable. Consequently, many free online services or web mail providers cancel a user's account if it has not been uses for some time. There are also other online services which offer free services in return for personal information which is then used for marketing purposes, e.g. Yahoo's A further way of collecting consumer data that has recently become popular is by offering free PCs. Users are provided with a PC for free or for very little money, and in return commit themselves to using certain services rather than others (e.g. a particular internet provider), providing information about themselves, and agree to have their online behaviour monitored by the company providing the PC, so that accurate user profiles can be compiled. For example, the A good inside view of the world of direct marketing can be gained at the website of the | |||||||||||||||
| |||||||||||||||
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 " | |||||||||||||||
| |||||||||||||||
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 | |||||||||||||||
| |||||||||||||||
Other biometric technologies Other biometric technologies not specified here include ear recognition, signature dynamics, key stroke dynamics, vein pattern recognition, retinal scan, body odour recognition, and DNA recognition. These are technologies which are either in early stages of development or used in highly specialised and limited contexts. | |||||||||||||||
| |||||||||||||||
Virtual body and data body The result of this informatisation is the creation of a virtual body which is the exterior of a man or woman's social existence. It plays the same role that the physical body, except located in virtual space (it has no real location). The virtual body holds a certain emancipatory potential. It allows us to go to places and to do things which in the physical world would be impossible. It does not have the weight of the physical body, and is less conditioned by physical laws. It therefore allows one to create an identity of one's own, with much less restrictions than would apply in the physical world. But this new freedom has a price. In the shadow of virtualisation, the data body has emerged. The data body is a virtual body which is composed of the files connected to an individual. As the The virtual character of the data body means that social regulation that applies to the real body is absent. While there are limits to the manipulation and exploitation of the real body (even if these limits are not respected everywhere), there is little regulation concerning the manipulation and exploitation of the data body, although the manipulation of the data body is much easier to perform than that of the real body. The seizure of the data body from outside the concerned individual is often undetected as it has become part of the basic structure of an informatised society. But data bodies serve as raw material for the "New Economy". Both business and governments claim access to data bodies. Power can be exercised, and democratic decision-taking procedures bypassed by seizing data bodies. This totalitarian potential of the data body makes the data body a deeply problematic phenomenon that calls for an understanding of data as social construction rather than as something representative of an objective reality. How data bodies are generated, what happens to them and who has control over them is therefore a highly relevant political question. | |||||||||||||||
| |||||||||||||||
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 Enlarge Copyright Realizing the growing economic importance of intellectual property, especially the holders of copyright (in particular the big publishing, distribution and other | |||||||||||||||
| |||||||||||||||
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. | |||||||||||||||
| |||||||||||||||
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 | |||||||||||||||
| |||||||||||||||
Another Question of Security Even with the best techniques it is impossible to invent a cryptographic system that is absolutely safe/unbreakable. To decipher a text means to go through many, sometimes nearly - but never really - endless attempts. For the computers of today it might take hundreds of years or even more to go through all possibilities of codes, but still, finally the code stays breakable. The much faster quantum computers will proof that one day. Therefore the decision to elect a certain method of enciphering finally is a matter of trust. For the average user of computers it is rather difficult to understand or even realize the dangers and/or the technological background of electronic transmission of data. For the majority thinking about one's own necessities for encryption first of all means to trust others, the specialists, to rely on the information they provide. The websites explaining the problems behind (and also the articles and books concerning the topic) are written by experts of course as well, very often in their typical scientific language, merely understandable for laymen. The introductions and other superficial elements of those articles can be understood, whereas the real background appears as untouchable spheres of knowledge. The fact that dangers are hard to see through and the need for security measures appears as something most people know from media reports, leads directly to the problem of an underdeveloped democracy in the field of cryptography. Obviously the connection between cryptography and democracy is rather invisible for many people. Those mentioned media reports often specialize in talking about the work computer hackers do (sometimes being presented as criminals, sometimes as heroes) and the danger to lose control over the money drawn away from one's bank account, if someone steals the credit card number or other important financial data. The term "security", surely connected to those issues, is a completely different one from the one that is connected to privacy. It is especially the latter that touches the main elements of democracy. for the question of security see: | |||||||||||||||
| |||||||||||||||
Problems of Copyright Management and Control Technologies 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 | |||||||||||||||
| |||||||||||||||
Intellectual Property: A Definition Intellectual property, very generally, relates to the output, which result from intellectual activity in the industrial, scientific, literary and artistic fields. Traditionally intellectual property is divided into two branches: 1) Industrial Property a) b) c) d) Unfair competition (trade secrets) e) Geographical indications (indications of source and appellations of origin) 2) Copyright The protection of intellectual property is guaranteed through a variety of laws, which grant the creators of intellectual goods, and services certain time-limited rights to control the use made of their products. Those rights apply to the intellectual creation as such, and not to the physical object in which the work may be embodied. | |||||||||||||||
| |||||||||||||||
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): | |||||||||||||||
| |||||||||||||||
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. | |||||||||||||||
| |||||||||||||||
PGP A | |||||||||||||||
| |||||||||||||||
Hill & Knowlton John W. Hill opened the doors of his first public relations office in 1927 in Cleveland, Ohio. His early clients were banks, steel manufacturers, and other industrial companies in the Midwest. Hill managed the firm until 1962, and remained active in it until shortly before his death in New York City in 1977. In 1952, Hill and Knowlton became the first American public relations consultancy to recognize the business communication implications engendered by formation of the European Economic Community. Hill and Knowlton established a network of affiliates across Europe and by the middle of the decade had become the first American public relations firm to have wholly-owned offices in Europe. Hill and Knowlton, a member of the WPP Group integrated communications services family, has extensive resources and geographic coverage with its 59 offices in 34 countries. Hill and Knowlton is known for its hard-hitting tactics and said to have connections with intelligence services. | |||||||||||||||
| |||||||||||||||
Amazon.Com Amazon.Com was one of the first online bookstores. With thousands of books, CDs and videos ordered via the Internet every year, Amazon.Com probably is the most successful Internet bookstore. | |||||||||||||||
| |||||||||||||||
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 | |||||||||||||||
| |||||||||||||||
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. | |||||||||||||||
| |||||||||||||||
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 | |||||||||||||||
| |||||||||||||||
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. | |||||||||||||||
| |||||||||||||||
Bill Clinton William J. Clinton (* 1946) studied law at Yale University, then taught at the University of Arkansas. He was elected Arkansas attorney general in 1976 and served as a governor until 1992. That year he became U.S.-President, the first democratic President after a row of Republicans. His sexual affairs not only cost him nearly his career but he also had to distract from his private affairs: he thought of fighting another war against For more information see: | |||||||||||||||
| |||||||||||||||
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 | |||||||||||||||
| |||||||||||||||
File Transfer Protocol (FTP) FTP enables the transfer of files (text, image, video, sound) to and from other remote computers connected to the Internet. | |||||||||||||||
| |||||||||||||||
Network Information Center (NIC) Network information centers are organizations responsible for registering and maintaining the domain names on the | |||||||||||||||
| |||||||||||||||
WTO An international organization designed to supervise and liberalize world trade. The WTO (World Trade Organization) is the successor to the General Agreement on Tariffs and Trade (GATT), which was created in 1947 and liberalized the world's trade over the next five decades. The WTO came into being on Jan. 1, 1995, with 104 countries as its founding members. The WTO is charged with policing member countries' adherence to all prior GATT agreements, including those of the last major GATT trade conference, the Uruguay Round (1986-94), at whose conclusion GATT had formally gone out of existence. The WTO is also responsible for negotiating and implementing new trade agreements. The WTO is governed by a Ministerial Conference, which meets every two years; a General Council, which implements the conference's policy decisions and is responsible for day-to-day administration; and a director-general, who is appointed by the Ministerial Conference. The WTO's headquarters are in Geneva, Switzerland. | |||||||||||||||
| |||||||||||||||
Backbone Networks 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 | |||||||||||||||
| |||||||||||||||
Calculator Calculators are machines for automatically performing arithmetical operations and certain mathematical functions. Modern calculators are descendants of a digital arithmetic machine devised by | |||||||||||||||
| |||||||||||||||
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 | |||||||||||||||
| |||||||||||||||
Defense Advanced Research Project Agency (DARPA) DARPA (Defense Advanced Research Projects Agency) is the independent research branch of the U.S. Department of Defense that, among its other accomplishments, funded a project that in time was to lead to the creation of the Internet. Originally called ARPA (the "D" was added to its name later), DARPA came into being in 1958 as a reaction to the success of Sputnik, Russia's first manned satellite. DARPA's explicit mission was (and still is) to think independently of the rest of the military and to respond quickly and innovatively to national defense challenges. In the late 1960s, DARPA provided funds and oversight for a project aimed at interconnecting computers at four university research sites. By 1972, this initial network, now called the http://www.darpa.mil | |||||||||||||||
| |||||||||||||||
Extranet An Extranet is an Intranet with limited and controlled access by authenticated outside users, a business-to-business Intranet, e.g. | |||||||||||||||
| |||||||||||||||
Immanuel Wallerstein Immanuel Wallerstein (* 1930) is director of the Fernand Braudel Center for the Study of Economies, Historical Systems, and Civilizations. He is one of the most famous sociologists in the Western World. With his book The Modern World-System: Capitalist Agriculture and the Origins of the European World-Economy in the Sixteenth Century (1976), which led to the expression World-System Theory about centers, peripheries and semi-peripheries in the capitalist world system, he did not only influence a whole generation of scientists, but this theory seems to get popular again, due to globalization. | |||||||||||||||
| |||||||||||||||
Convergence, 2000- Digital technologies are used to combine previously separated communication and media systems as telephony, audiovisual technologies and computing to new services and technologies, thus forming extensions of existing communication systems and resulting in fundamentally new communication systems. This is what is meant by today's new buzzwords "multimedia" and "convergence". Classical dichotomies as the one of computing and telephony and traditional categorisations no longer apply, because these new services no longer fit traditional categories. | |||||||||||||||
| |||||||||||||||
Microsoft Corporation Founded by Bill Gates and Paul Allen and headquartered in Redmond, USA, Microsoft Corporation is today's world-leading developer of personal-computer software systems and applications. As MS-DOS, the first operating system released by Microsoft, before, Windows, its successor, has become the de-facto standard operating system for personal computer. According to critics and following a recent court ruling this is due to unfair competition. For more detailed information see the Encyclopaedia Britannica: | |||||||||||||||
| |||||||||||||||
Terrestrial antennas Microwave transmission systems based on terrestrial antennas are similar to satellite transmission system. Providing reliable high-speed access, they are used for cellular phone networks. The implementation of the | |||||||||||||||
| |||||||||||||||
Fair use Certain | |||||||||||||||
| |||||||||||||||