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argued could cause damage because the copies in the cache are not necessarily the most current ones and the delivery of outdated information to users could deprive website operators of accurate "hit" information (information about the number of requests for a particular material on a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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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
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On the other hand are the data bunkers of the private sector, whose position is different. Although these are fast-growing engines of data collection with a much greater degree of dynamism, they may not have the same privileged position - although one has to differentiate among the general historical and social conditions into which a data bunker is embedded. For example, it can safely be assumed that the databases of a large credit card company or bank are more protected than the bureaucracies of small developing countries.
Private data bunkers include
- Banks
- Building societies
Credit bureaus
Credit card companies
Direct marketing companies
Insurance companies
Telecom service providers
Mail order stores
Online stores
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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
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
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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A server is program, not a computer, as it sometimes said, dedicated to store files, manage printers and network traffic, or process database queries.
Web sites, the nodes of the
Virtual Private Networks provide secured connections to a corporate site over a public network as the Internet. Data transmitted through secure connections are encrypted and therefore have to be encrypted before they can be read.
These networks are called virtual because connections are provided only when you connect to a corporate site; they do not rely on dedicated lines and support mobile use.
Caching is a mechanism that attempts to decrease the time it takes to retrieve data by storing a copy at a closer location.
Vladimir Putin is Russian President,