Challenges for Copyright by ICT: Introduction

Traditional copyright and the practice of paying royalties to the creators of intellectual property have emerged with the introduction of the printing press (1456). Therefore early copyright law has been tailored to the technology of print and the (re) production of works in analogue form. Over the centuries legislation concerning the protection of intellectual property has been adapted several times in order to respond to the technological changes in the production and distribution of information.

Yet again new technologies have altered the way of how (copyrighted) works are produced, copied, made obtainable and distributed. The emergence of global electronic networks and the increased availability of digitalized intellectual property confront existing copyright with a variety of questions and challenges. Although the combination of several types of works within one larger work or on one data carrier, and the digital format (although this may be a recent development it has been the object of detailed legal scrutiny), as well as networking (telephone and cable networks have been in use for a long time, although they do not permit interactivity) are nothing really new, the circumstance that recent technologies allow the presentation and storage of text, sound and visual information in digital form indeed is a novel fact. Like that the entire information can be generated, altered and used by and on one and the same device, irrespective of whether it is provided online or offline.


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0 - 1400 A.D.

150
A smoke signals network covers the Roman Empire

The Roman smoke signals network consisted of towers within a 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.

About 750
In Japan block printing is used for the first time.

868
In China the world's first dated book, the Diamond Sutra, is printed.

1041-1048
In China moveable types made from clay are invented.

1088
First European medieval university is established in Bologna.

The first of the great medieval universities was established in Bologna. At the beginning universities predominantly offered a kind of do-it-yourself publishing service.

Books still had to be copied by hand and were so rare that a copy of a widely desired book qualified for being invited to a university. Holding a lecture equaled to reading a book aloud, like a priest read from the Bible during services. Attending a lecture equaled to copy a lecture word by word, so that you had your own copy of a book, thus enabling you to hold a lecture, too.

For further details see History of the Idea of a University, http://quarles.unbc.edu/ideas/net/history/history.html

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Late 1950s - Early 1960s: Second Generation Computers

An important change in the development of computers occurred in 1948 with the invention of the transistor. It replaced the large, unwieldy vacuum tube and as a result led to a shrinking in size of electronic machinery. The transistor was first applied to a computer in 1956. Combined with the advances in magnetic-core memory, the use of transistors resulted in computers that were smaller, faster, more reliable and more energy-efficient than their predecessors.

Stretch by IBM and LARC by Sperry-Rand (1959) were the first large-scale machines to take advantage of the transistor technology (and also used assembly language instead of the difficult machine language). Both developed for atomic energy laboratories could handle enormous amounts of data, but still were costly and too powerful for the business sector's needs. Therefore only two LARC's were ever installed.

Throughout the early 1960s there were a number of commercially successful computers (for example the IBM 1401) used in business, universities, and government and by 1965 most large firms routinely processed financial information by using computers. Decisive for the success of computers in business was the stored program concept and the development of sophisticated high-level programming languages like FORTRAN (Formular Translator), 1956, and COBOL (Common Business-Oriented Language), 1960, that gave them the flexibility to be cost effective and productive. The invention of second generation computers also marked the beginning of an entire branch, the software industry, and the birth of a wide range of new types of careers.

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Global data bodies - intro

- Education files, insurance files, tax files, communication files, consumption files, medical files, travel files, criminal files, investment files, files into infinity ...

Critical Art Ensemble

Global data bodies

1. Introduction

Informatisation has meant that things that once were "real", i.e. whose existence could be experienced sensually, are becoming virtual. Instead of the real existence of a thing, the virtual refers to its possibility of existence. As this process advances, an increasing identification of the possible with the real occurs. Reality migrates into a dim and dematerialised grey area. In the end, the possible counts for the real, virtualisation creates an "as-if" experience.

The experience of the body is also affected by this process. For example, in bio-technology, the human body and its functions are digitised, which prepares and understanding of the body exlusively in terms of its potential manipulation, the body becomes whatever it could be. But digitisation has not only affected the understanding and the social significance of the body, it has also altered the meaning of presence, traditionally identified with the body. The advance of information and communication technologies (ICTs) has meant that for an increasing number of activities we no longer need be physically present, our "virtual" presence, achieved by logging onto a electronic information network, is sufficient.

This development, trumpeted as the pinnacle of convenience by the ICT industries and governments interested in attracting investment, has deeply problematic aspects as well. For example, when it is no longer "necessary" to be physically present, it may soon no longer be possible or allowed. Online-banking, offered to customers as a convenience, is also serves as a justification for charging higher fees from those unwilling or unable to add banking to their household chores. Online public administration may be expected to lead to similar effects. The reason for this is that the digitalisation of the economy relies on the production of surplus data. Data has become the most important raw material of modern economies.

In modern economies, informatisation and virtualisation mean that people are structurally forced to carry out their business and life their lives in such a way as to generate data.

Data are the most important resource for the New Economy. By contrast, activities which do not leave behind a trace of data, as for example growing your own carrots or paying cash rather than by plastic card, are discouraged and structurally suppressed.

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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) Inventions
b) Marks (trademarks and service marks)
c) Industrial designs
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.

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Who owns the Internet and who is in charge?

The Internet/Matrix still depends heavily on public infrastructure and there is no dedicated owner of the whole Internet/Matrix, but the networks it consists of are run and owned by corporations and institutions. Access to the Internet is usually provided by Internet Service Providers (ISPs) for a monthly fee. Each network is owned by someone and has a network operation center from where it is centrally controlled, but the Internet/Matrix is not owned by any single authority and has no network operation center of its own. No legal authority determines how and where networks can be connected together, this is something the managers of networks have to agree about. So there is no way to ever gain ultimate control of the Matrix/Internet.
The in some respects decentralized Matrix/Internet architecture and administration do not imply that there are no authorities for oversight and common standards for sustaining basic operations, for administration: There are authorities for IP number and domain name registrations, e.g.
Ever since the organizational structures for Internet administration have changed according to the needs to be addressed. Up to now, administration of the Internet is a collaborative undertaking of several loose cooperative bodies with no strict hierarchy of authority. These bodies make decisions on common guidelines, as communication protocols, e.g., cooperatively, so that compatibility of software is guaranteed. But they have no binding legal authority, nor can they enforce the standards they have agreed upon, nor are they wholly representative for the community of Internet users. The Internet has no official governing body or organization; most parts are still administered by volunteers.
Amazingly, there seems to be an unspoken and uncodified consent of what is allowed and what is forbidden on the Internet that is widely accepted. Codifications, as the so-called Netiquette, are due to individual efforts and mostly just expressively stating the prevailing consent. Violations of accepted standards are fiercely rejected, as reactions to misbehavior in mailing lists and newsgroups prove daily.
Sometimes violations not already subject to law become part of governmental regulations, as it was the case with spamming, the unsolicited sending of advertising mail messages. But engineers proved to be quicker and developed software against spamming. So, in some respects, the Internet is self-regulating, indeed.
For a detailed report on Internet governance, click here.

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Java Applets

Java applets are small programs that can be sent along with a Web page to a user. Java applets can perform interactive animations, immediate calculations, or other simple tasks without having to send a user request back to the server. They are written in Java, a platform-independent computer language, which was invented by Sun Microsystems, Inc.

Source: Whatis.com

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Enigma

Device used by the German military command to encode strategic messages before and during World War II. The Enigma code was broken by a British intelligence system known as Ultra.

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cryptology

also called "the study of code". It includes both, cryptography and cryptoanalysis

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COMECON

The Council for Mutual Economic Aid (COMECON) was set up in 1949 consisting of six East European countries: Bulgaria, Czechoslovakia, Hungary, Poland, Romania, and the USSR, followed later by the German Democratic Republic (1950), Mongolia (1962), Cuba (1972), and Vietnam (1978). Its aim was, to develop the member countries' economies on a complementary basis for the purpose of achieving self-sufficiency. In 1991, Comecon was replaced by the Organization for International Economic Cooperation.

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Bandwidth

The bandwidth of a transmitted communications signal is a measure of the range of frequencies the signal occupies. The term is also used in reference to the frequency-response characteristics of a communications receiving system. All transmitted signals, whether analog or digital, have a certain bandwidth. The same is true of receiving systems.

Generally speaking, bandwidth is directly proportional to the amount of data transmitted or received per unit time. In a qualitative sense, bandwidth is proportional to the complexity of the data for a given level of system performance. For example, it takes more bandwidth to download a photograph in one second than it takes to download a page of text in one second. Large sound files, computer programs, and animated videos require still more bandwidth for acceptable system performance. Virtual reality (VR) and full-length three-dimensional audio/visual presentations require the most bandwidth of all.

In digital systems, bandwidth is data speed in bits per second (bps).

Source: Whatis.com

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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 IP addresses to request the page from the server out on the Internet. When the page is returned, the proxy server relates it to the original request and forwards it on to the user.

Source: Whatis.com

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Total copyright industries

The total copyright industries encompass the "core copyright industries" and portions of many other industries that either create, distribute, or depend upon copyrighted works. Examples include retail trade (a portion of which is sales of video, audio, software, and books, for example), the doll and toy industry, and computer manufacturing.


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