Linking and Framing: Cases

Mormon Church v. Sandra and Jerald Tanner

In a ruling of December 1999, a federal judge in Utah temporarily barred two critics of the Mormon Church from posting on their website the Internet addresses of other sites featuring pirated copies of a Mormon text. The Judge said that it was likely that Sandra and Jerald Tanner had engaged in contributory copyright infringement when they posted the addresses of three Web sites that they knew, or should have known, contained the copies.

Kaplan, Carl S.: Copyright Decision Threatens Freedom to Link. In: New York Times. December 10, 1999.

Universal Studios v. Movie-List

The website Movie-List, which features links to online, externally hosted movie trailers has been asked to completely refrain from linking to any of Universal Studio's servers containing the trailers as this would infringe copyright.

Cisneros, Oscar S.: Universal: Don't Link to Us. In: Wired. July 27, 1999.

More cases concerned with the issue of linking, framing and the infringement of intellectual property are published in:

Ross, Alexandra: Copyright Law and the Internet: Selected Statutes and Cases.

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Databody economy and the surveillance state

Databody economy Surveillance state
Promise Reality Promise Reality
universal prosperity universal commercialisation total security total control
frictionless market pacified society political harmony death of democracy


The glamour of the data body economy clouds economic practices which are much less than glamorous. Through the seizure of the data body, practices that in the real political arena were common in the feudal age and in the early industrial age are being reconstructed. The data body economy digitally reconstructs exploitative practices such as slavery and wage labour. However, culturally the data body is still a very new phenomenon: mostly, people think if it does not hurt, it cannot be my body. Exploitation of data bodies is painless and fast. Nevertheless, this can be expected to change once the awareness of the political nature of the data body becomes more widespread. As more and more people routinely move in digitised environments, it is to be expected that more critical questions will be asked and claims to autonomy, at present restricted to some artistic and civil society groups trying to get heard amidst the deafening noise of the commercial ICT propaganda, will be articulated on a more general level.

The more problematic aspect of this development may be something else: the practices of the data body economy, themselves a reconstruction of old techniques of seizure, have begun to re-colonise real political space. Simon Davis, Director of the London-based privacy campaigners Privacy International, one of the foremost critics of modern-day technologies of surveillance and data capturing, has warned against the dangers of a loss of autonomy and undermining of civic rights that are being generated when workplaces are clogged with digital equipment allowing the constant monitoring and surveillance of workers. Unless current trends towards data capturing remain unchecked, the workplace of the future will have many features of the sinister Victorian workhouses that appear Charles Dickens novels, where any claims for autonomy were silenced with references to economic efficiency, and the required discipline imposed by a hierarchy of punishments.

The constant adaptation process required from the modern individual has anonymised and structuralized punishment, which now appears in the guise of error messages and the privatisation of risk.

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History: European Tradition

Only in Roman times the first rights referring to artistic works appeared. Regulations resembling a lasting exclusive right to copy did not occur until the 17th century. Before copyright was a private arrangement between guilds able to reproduce copies in commercial quantities.

In France and Western European countries "droits d'auteur" or author's rights is the core of what in the Anglo-American tradition is called copyright. Such rights are rooted in the republican revolution of the late 18th century, and the Rights of Man movement. Today in the European system the creator is front and center; later exploiters are only secondary players.

France

During the 18th century France gradually lost the ability to restrict intellectual property. Before the Revolution, all books, printers and booksellers had to have a royal stamp of approval, called a "privilege". In return for their lucrative monopoly, the French guild of printers and booksellers helped the police to suppress anything that upset royal sensibilities or ran contrary to their interests. Still there were also a whole lot of underground printers who flooded the country with pirated, pornographic and seditious literature. And thousands of writers, most at the edge of starvation.

In 1777 the King threatened the monopoly by reducing the duration of publisher's privileges to the lifetime of the authors. Accordingly a writer's work would go into the public domain after his death and could be printed by anyone. The booksellers fought back by argumenting that, no authority could take their property from them and give it to someone else. Seven months later, in August 1789, the revolutionary government ended the privilege system and from that time on anyone could print anything. Early in 1790 Marie-Jean-Antoine-Nicolas de Caritat, Marquis de Condorcet proposed giving authors power over their own work lasting until ten years after their deaths. The proposal - the basis for France's first modern copyright law - passed in 1793.

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Biometrics applications: privacy issues

All biometric technologies capture biometric data from individuals. Once these date have been captured by a system, they can, in principle, be forwarded to other locations and put to many different uses which are capable of compromising on an individuals privacy.

Technically it is easy to match biometric data with other personal data stored in government or corporate files, and to come a step closer to the counter-utopia of the transparent citizen and customer whose data body is under outside control.

While biometric technologies are often portrayed as protectors of personal data and safeguards against identity theft, they can thus contribute to an advance in "Big Brother" technology.

The combination of personalised data files with biometric data would amount to an enormous control potential. While nobody in government and industry would admit to such intentions, leading data systems companies such as EDS (Electronic Data Systems; http://www.eds.com) are also suppliers of biometric systems to the intelligence agencies of government and industry.

Biometric technologies have the function of identification. Historically, identification has been a prerequisite for the exercise of power and serves as a protection only to those who are in no conflict with this power. If the digitalisation of the body by biometric technologies becomes as widespread as its proponents hope, a new electronic feudal system could be emerging, in which people are reduced to subjects dispossessed of their to their bodies, even if these, unlike in the previous one, are data bodies. Unlike the gatekeepers of medieval towns, wear no uniforms by they might be identified; biometric technologies are pure masks.

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Copyright Management and Control Systems: Post-Infringement

Post-infringement technologies allow the owners of copyrighted works to identify infringements and thus enhance enforcement of intellectual property rights and encompass systems such as:

Steganography

Applied to electronic files, steganography refers to the process of hiding information in files that can not be easily detected by users. Steganography can be used by intellectual property owners in a variety of ways. One is to insert into the file a "digital watermark" which can be used to prove that an infringing file was the creation of the copyright holder and not the pirate. Other possibilities are to encode a unique serial number into each authorized copy or file, enabling the owner to trace infringing copies to a particular source, or to store copyright management information.

Agents

Agents are programs that can implement specified commands automatically. Copyright owners can use agents to search the public spaces of the Internet to find infringing copies. Although the technology is not yet very well developed full-text search engines allow similar uses.

Copyright Litigation

While not every infringement will be the subject of litigation, the threat of litigation helps keep large pirate operations in check. It helps copyright owners obtain relief for specific acts of infringement and publicly warns others of the dangers of infringement.

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Operating the net: overview

The Net consists of thousands of thousands of governmental and private networks linked together. 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 of ever gaining ultimate control of the Internet. Although each of these networks is operated and controlled by an organization, no single organization operates and controls the Net. Instead of a central authority governing the Net, several bodies assure the operability of the Net by developing and setting technical specifications for the Net and by the control of the technical key functions of the Net as the coordination of the domain name system and the allocation of IP numbers.

Originally, the Net was a research project funded and maintained by the US Government and developed in collaboration by scientists and engineers. As the standards developed for ensuring operability ensued from technical functionality, technical coordination gradually grew out of necessity and was restricted to a minimum and performed by volunteers.

Later, in the 1980s, those occupied with the development of technical specifications organized themselves under the umbrella of the Internet Society in virtual organizations as the Internet Engineering Task Force, which were neither officially established nor being based on other structures than mailing lists and commitment, but nonetheless still serve as task forces for the development of standards ensuring the interoperability on the Net.

Since the late 80s and the early 90s, with the enormous growth of the Net - which was promoted by the invention of Local Area Networks, the creation of the World Wide Web, the increased use of personal computers and the connecting of corporations to the Net, just to name a few - coordination of some technical key functions as the domain name system was handed over to corporations as Network Solutions Inc.

Since the year 2000, a new model for technical coordination has been emerging: Formerly performed by several bodies, technical coordination is transferred to a single non-governmental organization: the Internet Coordination of Assigned Numbers and Names.

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Louis XIV.

Louis XIV. (1643-1715) became King of France when he was still a young boy. He centralized all the state's power to the crown and created a state of absolutism. In this respect Louis' most famous sentence was: L'état c'est moi. (= The state am I). During his reign the most talented and respectable men in art as well as in philosophy and policy worked for the monarchy. His favor for luxury and the steady wars with other European empires ruined the state morally and financially, but for the history he is still called Roi Soleil (King of the Sun).

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UNIVAC

Built by Remington Rand in 1951 the UNIVAC I (Universal Automatic Computer) was one of the first commercially available computers to take advantage of the development of the central processing unit (CPU). Both the U.S. Census bureau and General Electric owned UNIVACs. Speed: 1,905 operations per second; input/output: magnetic tape, unityper, printer; memory size: 1,000 12-digit words in delay line; technology: serial vacuum tubes, delay lines, magnetic tape; floor space: 943 cubic feet; cost: F.O.B. factory U.S.$ 750,000 plus U.S.$ 185,000 for a high speed printer.

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John von Neumann

b. December 3, 1903, Budapest, Hungary
d. February 8, 1957, Washington, D.C., U.S.

Mathematician who made important contributions in quantum physics, logic, meteorology, and computer science. His theory of games had a significant influence upon economics. In computer theory, von Neumann did much of the pioneering work in logical design, in the problem of obtaining reliable answers from a machine with unreliable components, the function of "memory," machine imitation of "randomness," and the problem of constructing automata that can reproduce their own kind.

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McCarthy

Born in Grand Chute, Wisconsin, Joe McCarthy graduated from Marquette in 1935. In 1939, he won election as a circuit court judge. During World War II, he enlisted in the Marines and served in the Pacific. In 1944, he campaigned for senator but lost in the Republican primary. In 1946, he ran for Wisconsin's other senate seat.

In a 1950 speech, McCarthy entered the public spotlight by claiming that communists had "infested" the State Department, dramatically waving a sheet of paper which purportedly contained the traitors' names. A special Senate committee investigated the charges and found them groundless. Unfazed, McCarthy used his position to wage a relentless anti-communist crusade, denouncing numerous public figures and holding a series of highly confrontational hearings, ruining the careers of many people.

He died at the age of 49 of complications related to alcoholism.

http://us.history.wisc.edu/hist102/bios/31.html

http://us.history.wisc.edu/hist102/bios/31.ht...
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General Schwarzkopf

General H. Norman Schwarzkopf (* 1934) followed in his father's footsteps at the United States Military Academy at West Point.
In 1965 he applied to join the troops in Vietnam. For the next 20 years Schwarzkopf worked on his career. As Commander in Chief of the U.S. Central Command, he led U.S. and allied forces in the Gulf War (Operations Desert Shield and Desert Storm). He retired from the Army in 1992 and wrote his autobiography.

For a picture see: http://www.jesterbook.com/sections/5a_mom/gallery/schwarzkopf.htm

http://www.jesterbook.com/sections/5a_mom/gal...
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Cyrus Reed Teed

C.R. Teed (New York State) was a doctor of alternative medicine in the last century. He worked on alchemy, too. In 1870 he had the idea that the universe was made out of cells, the earth being the biggest one. Thus he imagined the world as a concave system. Out of this thought he founded a religion, calling it Koreshanity.

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General Electric

GE is a major American corporation and one of the largest and most diversified corporations in the world. Its products include electrical and electronic equipment, plastics, aircraft engines, medical imaging equipment, and financial services. The company was incorporated in 1892, and in 1986 GE purchased the RCA Corporation including the RCA-owned television network, the National Broadcasting Company, Inc. In 1987, however, GE sold RCA's consumer electronics division to Thomson SA, a state-owned French firm, and purchased Thomson's medical technology division. In 1989 GE agreed to combine its European business interests in appliances, medical systems, electrical distribution, and power systems with the unrelated British corporation General Electric Company. Headquarters are in Fairfield, Conn., U.S.

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