History: "Indigenous Tradition"

In preliterate societies the association of rhythmic or repetitively patterned utterances with supernatural knowledge endures well into historic times. Knowledge is passed from one generation to another. Similar as in the Southern tradition intellectual property rights are rooted in a concept of 'collective' or 'communal' intellectual property existing in perpetuity and not limited to the life of an individual creator plus some number of years after his or her death. Often rights are exercised by only one individual in each generation, often through matrilineal descent.


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Challenges for Copyright by ICT: Digital Content Providers

Providers of digital information might be confronted with copyright related problems when using some of the special features of hypertext media like frames and hyperlinks (which both use third party content available on the Internet to enhance a webpage or CD ROM), or operate a search engine or online directory on their website.

Framing

Frames are often used to help define, and navigate within, a content provider's website. Still, when they are used to present (copyrighted) third party material from other sites issues of passing off and misleading or deceptive conduct, as well as copyright infringement, immediately arise.

Hyperlinking

It is generally held that the mere creation of a hyperlink does not, of itself, infringe copyright as usually the words indicating a link or the displayed URL are unlikely to be considered a "work". Nevertheless if a link is clicked on the users browser will download a full copy of the material at the linked address creating a copy in the RAM of his computer courtesy of the address supplied by the party that published the link. Although it is widely agreed that the permission to download material over the link must be part of an implied license granted by the person who has made the material available on the web in the first place, the scope of this implied license is still the subject of debate. Another option that has been discussed is to consider linking fair use.

Furthermore hyperlinks, and other "information location tools", like online directories or search engines could cause their operators trouble if they refer or link users to a site that contains infringing material. In this case it is yet unclear whether providers can be held liable for infringement.

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Product Placement

With television still being very popular, commercial entertainment has transferred the concept of soap operas onto the Web. The first of this new species of "Cybersoaps" was "The Spot", a story about the ups and downs of an American commune. The Spot not only within short time attracted a large audience, but also pioneered in the field of online product placement. Besides Sony banners, the companies logo is also placed on nearly every electronic product appearing in the story. Appearing as a site for light entertainment, The Spots main goal is to make the name Sony and its product range well known within the target audience.

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Key Recovery Systems

As stated before the sense of cryptography is a properly designed cryptosystem making it essentially impossible to recover encrypted data without any knowledge of the used key. The issue of lost keys and the being-locked-out from one's own data as a consequence favors key recovery systems. On the other hand the counter argument is confidentiality: as soon as a possibility to recover a key is provided, the chances for abuses grow.
Finally it is the state that does not want to provide too much secrecy. On the contrary. During the last 20 years endless discussions about the state's necessity and right to restrict private cryptography have taken place, as the governments rarely care for the benefit of private users if they believe in catching essential informations about any kind of enemy, hence looking for unrestricted access to all keys.

The list of "key recovery," "key escrow," and "trusted third-party" as encryption requirements, suggested by governmental agencies, covers all the latest developments and inventions in digital technology.
At the same time the NSA, one of the world's most advanced and most secret enterprises for cryptography, worked hard in getting laws through to forbid the private use of strong encryption in one way or the other. Still, it is also organizations like this one that have to admit that key recovery systems are not without any weaknesses, as the U.S. Escrowed Encryption Standard, the basis for the famous and controversially discussed Clipper Chip, showed. The reason for those weaknesses is the high complexity of those systems.

Another aspect is that key recovery systems are more expensive and certainly much less secure than other systems. So, why should anyone use them?

In that context, one has to understand the legal framework for the use of cryptography, a strict framework in fact, being in high contradiction to the globalised flow of communication.

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America Online

Founded in 1985, America Online is the world's biggest Internet service provider serving almost every second user. Additionally, America Online operates CompuServe, the Netscape Netcenter and several AOL.com portals. As the owner of Netscape, Inc. America Online plays also an important role in the Web browser market. In January 2000 America Online merged with Time Warner, the worlds leading media conglomerate, in a US$ 243,3 billion deal, making America Online the senior partner with 55 percent in the new company.

http://www.aol.com

http://www.aol.com/
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Optical communication system by Aeneas Tacitus, 4th century B.C.

Aeneas Tacitus, a Greek military scientist and cryptographer, invented an optical communication system that combines water and beacon telegraphy. Torches indicated the beginnings and the ends of message transmissions while water jars were used to transmit the messages. These jars had a plugged standard-size hole drilled on the bottom side and were filled with water. As those who sent and those who received the message unplugged the jars simultaneously, the water drained out. Because the transmitted messages corresponded to water levels, the sender indicated by torch signal that the appropriate water level has been reached. It is a disadvantage that the possible messages are restricted to a given code, but as this system was mainly used for military purposes, this was offset by the advantage that it was almost impossible for outsiders to understand these messages unless they possessed the codebook.

With communication separated from transportation, the distant became near.

Tacitus' telegraph system was very fast and not excelled until the end of the 18th century.

For further information see Joanne Chang & Anna Soellner, Decoding Device, http://www.smith.edu/hsc/museum/ancient_inventions/decoder2.html

http://www.smith.edu/hsc/museum/ancient_inven...
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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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