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argued could cause damage because the copies in the cache are not necessarily the most current ones and the delivery of outdated information to users could deprive website operators of accurate "hit" information (information about the number of requests for a particular material on a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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Media as today's main information sources unarguably have the power to influence political agenda-setting and public opinion. They decide which topics and issues are covered and how they are reported. Still, in many cases those decisions are not primarily determined by journalistic criteria, but affected by external factors. The importance of shareholders forces media to generate more profit every quarter, which can chiefly be raised by enlarging audiences and hence attracting more advertising money. Therefore the focus of media's programming in many cases shifts towards audience alluring content like entertainment, talk-shows, music and sports.
Further pressure regarding the selection of content occurs from advertisers and marketers, who often implicitly or explicitly suggest to refrain from programming which could show them or their products and services (e.g. tobacco) in an unfavorable light. Interlocking directorships and outright ownerships can moreover be responsible for a selective coverage. Financial connections with defense, banking, insurance, gas, oil, and nuclear power, repeatedly lead (commercial) media to the withholding of information, which could offend their corporate partners. In totalitarian regimes also pressure from political elites may be a reason for the suppression or alteration of certain facts.
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"A man is crazy who writes a secrete
in any other way than one which
will conceal it from the vulgar."
Roger Bacon (~1250 AD)
The essence of human communication is not only the social behavior to give or get messages (of whatever meaning) but also how to give and get them, and to include certain people by excluding others from the process of informing.
e.g. whispering is an effective way of talking to exclude the majority.
What about ways of writing?
Already some of the first written messages in human history obviously found special forms of hiding contents from the so-called others. When the knowledge of writing meant a privilege in a stronger sense as it is true today (in China for a long period writing was forbidden to people not working for the government), the alphabet itself was a kind of cryptography (that is why Catholic churches were painted with pictures explaining the stories of the Bible).
Certainly the methods of deciphering and enciphering improved a lot during the last 4.000 years. In the meantime cryptography has become a topic without end and with less technological limits every day. On the one hand there is the field of biometrics, which is highly related to cryptography but still in its beginnings, on the other hand there emerge so-called infowars, which intend to substitute or at least accompany war and are unthinkable without cryptography.
But there is much more to detect, like the different forms of de- and encoding. And very important, too, there is the history of cryptography that tells us about the basics to make it easier to understand today's issues.
In the actual age of (dis-)information storing and transporting electronic information safely increases its importance. Governments, institutions, economy and individuals rely on the hope that no-one can read or falsify their messages/data as it is much more difficult to detect and proof abuses in electronic media than in elder forms of written communication.
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Probably the most significant Internet service, the World Wide Web is not the essence of the Internet, but a subset of it. It is constituted by documents that are linked together in a way you can switch from one document to another by simply clicking on the link connecting these documents. This is made possible by the Hypertext Mark-up Language (HTML), the authoring language used in creating World Wide Web-based documents. These so-called hypertexts can combine text documents, graphics, videos, sounds, and
Especially on the World Wide Web, documents are often retrieved by entering keywords into so-called search engines, sets of programs that fetch documents from as many
Among other things that is the reason why the World Wide Web is not simply a very huge database, as is sometimes said, because it lacks consistency. There is virtually almost infinite storage capacity on the Internet, that is true, a capacity, which might become an almost everlasting too, a prospect, which is sometimes
According to the Internet domain survey of the
Automation is concerned with the application of machines to tasks once performed by humans or, increasingly, to tasks that would otherwise be impossible. Although the term mechanization is often used to refer to the simple replacement of human labor by machines,
Certain
Authors of copyrighted works (besides
Robot relates to any automatically operated machine that replaces human effort, though it may not resemble human beings in appearance or perform functions in a humanlike manner. The term is derived from the Czech word robota, meaning "forced labor." Modern use of the term stems from the play R.U.R., written in 1920 by the Czech author Karel Capek, which depicts society as having become dependent on mechanical workers called robots that are capable of doing any kind of mental or physical work. Modern robot devices descend through two distinct lines of development--the early
ISPs (Internet Service Provider), BBSs (Bulletin Board Service Operators), systems operators and other service providers (in the U.S.) can usually be hold liable for infringing activities that take place through their facilities under three theories: 1) direct liability: to establish direct infringement liability there must be some kind of a direct volitional act, 2) contributory liability: a party may be liable for contributory infringement where "... with knowledge of the infringing activity, [it] induces, causes or materially contributes to the infringing activity of another." Therefore a person must know or have reason to know that the subject matter is copyrighted and that particular uses violated copyright law. There must be a direct infringement of which the contributory infringer has knowledge, and encourages or facilitates for contributory infringement to attach, and 3) vicarious liability: a party may be vicariously liable for the infringing acts of another if it a) has the right and ability to control the infringer's acts and b) receives a direct financial benefit from the infringement. Unlike contributory infringement, knowledge is not an element of vicarious liability.
Copyright management information refers to information which identifies a work, the author of a work, the owner of any right in a work, or information about the terms and conditions of the use of a work, and any numbers or codes that represent such information, when any of these items of information are attached to a copy of a work or appear in connection with the communication of a work to the public.
The DMCA (Digital Millennium Copyright Act) was signed into law by U.S. President Clinton in 1998 and implements the two 1996
The economic rights (besides