Basics: Protected Works

Usually the subject matter of copyright is described as "literary and artistic works" - original creations in the fields of literature and arts. Such works may be expressed in words, symbols, pictures, music, three-dimensional objects, or combinations thereof. Practically all national copyright laws provide for the protection of the following types of works:

Literary works: novels, poems dramatic works and any other writings, whether published or unpublished; in most countries also computer programs and "oral works"

Musical works

Artistic works: whether two-dimensional or three-dimensional; irrespective of their content and destination

Maps and technical drawings

Photographic works: irrespective of the subject matter and the purpose for which made

Audiovisual works: irrespective of their purpose, genre, length, method employed or technical process used

Some copyright laws also provide for the protection of choreographic works, derivative works (translations, adaptions), collections (compilations) of works and mere data (data bases); collections where they, by reason of the selection and arrangement of the contents, constitute intellectual creations. Furthermore in some countries also "works of applied art" (furniture, wallpaper etc.) and computer programs (either as literary works or independently) constitute copyrightable matter.

Under certain national legislations the notion "copyright" has a wider meaning than "author's rights" and, in addition to literary and artistic works, also extends to the producers of sound recordings, the broadcasters of broadcasts and the creators of distinctive typographical arrangements of publications.


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Convergence

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2000 A.D.

2000
Convergence of telephony, audiovisual technologies and computing

Digital technologies are used to combine previously separated communication and media systems such 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 categorizations no longer apply, because these new services no longer fit traditional categories.

Convergence and Regulatory Institutions

Digital technology permits the integration of telecommunications with computing and audiovisual technologies. New services that extend existing communication systems emerge. The convergence of communication and media systems corresponds to a convergence of corporations. Recently, America Online, the world's largest online service provider, merged with Time Warner, the world's largest media corporation. For such corporations the classical approach to regulation - separate institutions regulate separate markets - is no longer appropriate, because the institutions' activities necessarily overlap. The current challenges posed to these institutions are not solely due to the convergence of communication and media systems made possible by digital technologies; they are also due to the liberalization and internationalization of the electronic communications sector. For regulation to be successful, new categorizations and supranational agreements are needed.
For further information on this issue see Natascha Just and Michael Latzer, The European Policy Response to Convergence with Special Consideration of Competition Policy and Market Power Control, http://www.soe.oeaw.ac.at/workpap.htm or http://www.soe.oeaw.ac.at/WP01JustLatzer.doc.

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Governmental Influence

Agencies like the NSA are currently able to eavesdrop on anyone with few restrictions only - though other messages are spread by the NSA.
Theoretically cryptography can make that difficult. Hence those agencies speak up for actions like introducing trapdoors to make it possible to get access to everybody's data.

See the U.S. discussion about the Clipper Chip some years ago:
http://www.epic.org/crypto/clipper/
http://www.cdt.org/crypto/admin/041693whpress.txt

While encryption offers us privacy for the transmission of data, we do not only wish to have it but also need it if we want to transport data which shall not be seen by anyone else but the recipient of our message. Given this, the governments and governmental institutions/organizations fear to lose control. Strict laws are the consequence. The often repeated rumor that the Internet was a sphere of illegality has been proven wrong. Some parts are controlled by law very clearly. One of them is cryptography. Prohibition of cryptography or at least its restriction are considered an appropriate tool against criminality. Or one should say: had been considered that. In the meantime also governmental institutions have to admit that those restrictions most of all work against the population instead against illegal actors. Therefore laws have been changed in many states during the last five years. Even the USA, the Master of cryptography-restriction, liberated its laws in December 1999 to be more open-minded now.

for an insight into the discussion having gone on for years see:
http://www.cdt.org/crypto/new2crypto/3.shtml

the final text of the new U.S. Encryption Regulations you will find under:
http://www.cdt.org/crypto/admin/000110cryptoregs.shtml
http://www.cdt.org/crypto/admin/000114cryptoregs.txt

an explanation of the regulations can be found under:
http://www.cdt.org/crypto/admin/000112commercefactsheet.shtml

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Key-Systems

As stated, telecommunication is seen as an unreliable media for transporting secret messages. Therefore today, cryptography is needed more than ever before, especially for e-commerce.
Key cryptosystems try to provide more privacy.

symmetric-key cryptosystems:
The same key is used for both encryption and decryption. In this case the encipherer and the recipient of the message/text have to agree on a common key before the enciphering-process can start. And most of all they should trust each other. And exactly this is the main problem of this system: how to exchange the key without offering an opportunity for stealing it?
In former times messengers or pigeons were doing the exchange of those keys.

Symmetric-key systems make sense in small entities. If a lot of people are spread over a wide area and belong to the same network, distributing the keys starts getting complicated.
Today, those cryptosystems get controlled by other keys, based on highly complex mathematical algorithms.
some symmetric-key systems are:

- DES (Data Encryption Standard), the standard for credit cards
- Triple-DES, which is a variation of DES, encrypting the plaintext three times.
- IDEA (International Data Encryption Standard)
- blowfish encryption algorithm, which is said to be faster than DES and IDEA

Security and confidence are the key-words for a popular key-system: As DES and its successors have been used for so many years and by many people without having been broken, they are considered safe - safer than others, not used that frequently, no matter whether they are actually safer or not.

For further information see:
http://www.sbox.tu-graz.ac.at/home/j/jonny/projects/crypto/symmetr/content.htm

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William Frederick Friedman

Friedman is considered the father of U.S.-American cryptoanalysis - he also was the one to start using this term.

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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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Economic rights

The economic rights (besides moral rights and in some cases also neighboring rights) granted to the owners of copyright usually include 1) copying or reproducing a work, 2) performing a work in public, 3) making a sound recording of a work, 4) making a motion picture of a work, 5) broadcasting a work, 6) translating a work and 7) adapting a work. Under certain national laws some of these rights are not exclusive rights of authorization but in specific cases, merely rights to remuneration.

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Roman smoke telegraph network, 150 A.D.

The Roman smoke signals network consisted of towers within visible range of each other and had a total length of about 4500 kilometers. It was used for military signaling.

For a similar telegraph network in ancient Greece see Aeneas Tacitus' optical communication system.

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Bertelsmann

The firm began in Germany in 1835, when Carl Bertelsmann founded a religious print shop and publishing establishment in the Westphalian town of Gütersloh. The house remained family-owned and grew steadily for the next century, gradually adding literature, popular fiction, and theology to its title list. Bertelsmann was shut down by the Nazis in 1943, and its physical plant was virtually destroyed by Allied bombing in 1945. The quick growth of the Bertelsmann empire after World War II was fueled by the establishment of global networks of book clubs (from 1950) and music circles (1958). By 1998 Bertelsmann AG comprised more than 300 companies concentrated on various aspects of media. During fiscal year 1997-98, Bertelsmann earned more than US$15 billion in revenue and employed 58.000 people, of whom 24.000 worked in Germany.

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