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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Cryptography's Terms and background

"All nature is merely a cipher and a secret writing."
Blaise de Vigenère

In the (dis-)information age getting information but at the same time excluding others from it is part of a power-game (keeping the other uneducated). The reason for it eventually has found an argument called security.
Compared to the frequency of its presence in articles, the news and political speeches security seems to be one of the most popular words of the 90's. It must be a long time ago when that word was only used for and by the military and the police. Today one can find it as part of every political issue. Even development assistance and nutrition programs consider it part of its work.
The so-called but also real need for information security is widespread and concerning everybody, whether someone uses information technology or not. In any case information about individuals is moving globally; mostly sensitive information like about bank records, insurance and medical data, credit card transactions, and much much more. Any kind of personal or business communication, including telephone conversations, fax messages, and of course e-mail is concerned. Not to forget further financial transactions and business information. Almost every aspect of modern life is affected.
We want to communicate with everybody - but do not want anybody to know.

Whereas the market already depends on the electronic flow of information and the digital tools get faster and more sophisticated all the time, the rise of privacy and security concerns have to be stated as well.
With the increase of digital communication its vulnerability is increasing just as fast. And there exist two (or three) elements competing and giving the term digital security a rather drastic bitter taste: this is on the one hand the growing possibility for criminals to use modern technology not only to hide their source and work secretly but also to manipulate financial and other transfers. On the other hand there are the governments of many states telling the population that they need access to any kind of data to keep control against those criminals. And finally there are those people, living between enlightening security gaps and at the same time harming other private people's actions with their work: computer hackers.
While the potential of global information is regarded as endless, it is those elements that reduce it.

There is no definite solution, but at least some tools have been developed to improve the situation: cryptography, the freedom to encode those data that one does not want to be known by everybody, and give a possibility to decode them to those who shall know the data.

During the last 80 years cryptography has changed from a mere political into a private, economic but still political tool: at the same time it was necessary to improve the tools, eventually based on mathematics. Hence generally cryptography is regarded as something very complicated. And in many ways this is true as the modern ways of enciphering are all about mathematics.

"Crypto is not mathematics, but crypto can be highly mathematical, crypto can use mathematics, but good crypto can be done without a great reliance on complex mathematics." (W.T. Shaw)

For an introduction into cryptography and the mathematical tasks see:
http://www.sbox.tu-graz.ac.at/home/j/jonny/projects/crypto/index.htm
http://www.ccc.de/CCC-CA/policy.html

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Acessing the Internet

The Net connections can be based on wire-line and wireless access technolgies.

Wire-line access

Wire-less access

copper wires

Satellites

coaxial cables

mobile terrestrial antennas

electric power lines

fixed terrestrial antennas

fiber-optic cables







Usually several kinds of network connections are employed at once. Generally speaking, when an E-mail message is sent it travels from the user's computer via copper wires or coaxial cables ISDN lines, etc., to an Internet Service Provider, from there, via fibre-optic cables, to the nearest Internet exchange, and on into a backbone network, tunneling across the continent und diving through submarine fibre-optic cables across the Atlantic to another Internet exchange, from there, via another backbone network and across another regional network to the Internet Service Provider of the supposed message recipient, from there via cables and wires of different bandwidth arriving at its destination, a workstation permanently connected to the Internet. Finally a sound or flashing icon informs your virtual neighbor that a new message has arrived.

Satellite communication

Although facing competition from fiber-optic cables as cost-effective solutions for broadband data transmission services, the space industry is gaining increasing importance in global communications. As computing, telephony, and audiovisual technologies converge, new wireless technologies are rapidly deployed occupying an increasing market share and accelerating the construction of high-speed networks.

Privatization of satellite communication

Until recently transnational satellite communication was provided exclusively by intergovernmental organizations as Intelsat, Intersputnik and Inmarsat.

Scheduled privatization of intergovernmental satellite consortia:

Satellite consortia

Year of foundation

Members

Scheduled date for privatization

Intelsat

1964

200 nations under the leadership of the USA

2001

Intersputnik

1971

23 nations under the leadership of Russia

?

Inmarsat

1979

158 nations (all members of the International Maritime Organization)

privatized since 1999

Eutelsat

1985

Nearly 50 European nations

2001



When Intelsat began to accumulate losses because of management failures and the increasing market share of fiber-optic cables, this organizational scheme came under attack. Lead by the USA, the Western industrialized countries successfully pressed for the privatization of all satellite consortia they are members of and for competition by private carriers.

As of February 2000, there are 2680 satellites in service. Within the next four years a few hundred will be added by the new private satellite systems. Most of these systems will be so-called Low Earth Orbit satellite systems, which are capable of providing global mobile data services on a high-speed level at low cost.

Because of such technological improvements and increasing competition, experts expect satellite-based broadband communication to be as common, cheap, and ubiquitous as satellite TV today within the next five or ten years.

Major satellite communication projects

Project name

Main investors

Expected cost

Number of satellites

Date of service start-up

Astrolink

Lockheed Martin, TRW, Telespazio, Liberty Media Group

US$ 3.6 billion

9

2003

Globalstar

13 investors including Loral Space & Communications, Qualcomm, Hyundai, Alcatel, France Telecom, China Telecom, Daimler Benz and Vodafone/Airtouch

US$ 3.26 billion

48

1998

ICO

57 investors including British Telecom, Deutsche Telecom, Inmarsat, TRW and Telefonica

US$ 4.5 billion

10

2001

Skybridge

9 investors including Alcatel Space, Loral Space & Communications, Toshiba, Mitsubishi and Sharp

US$ 6.7 billion

80

2002

Teledesic

Bill Gates, Craig McCaw, Prince Alwaleed Bin Talal Bin Abdul Aziz Alsaud, Abu Dhabi Investment Company

US$ 9 billion

288

2004


Source: Analysys Satellite Communications Database

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Invention

According to the WIPO an invention is a "... novel idea which permits in practice the solution of a specific problem in the field of technology." Concerning its protection by law the idea "... must be new in the sense that is has not already been published or publicly used; it must be non-obvious in the sense that it would not have occurred to any specialist in the particular industrial field, had such a specialist been asked to find a solution to the particular problem; and it must be capable of industrial application in the sense that it can be industrially manufactured or used." Protection can be obtained through a patent (granted by a government office) and typically is limited to 20 years.

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Rupert Murdoch

Australian-born newspaper publisher and media entrepreneur, founder and head of the global media holding company The News Corporation Ltd., which governs News Limited (Australia), News International (U.K.), and News America Holdings Inc. (U.S.). Murdoch's corporate interests center on newspapers, magazines, books, and electronic publishing; television broadcasting; and film and video production, principally in the United States, the United Kingdom, and Australia.

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NSFNet

Developed under the auspices of the National Science Foundation (NSF), NSFnet served as the successor of the ARPAnet as the main network linking universities and research facilities until 1995, when it was replaced it with a commercial backbone network. Being research networks, ARPAnet and NSFnet served as testing grounds for future networks.

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