Positions Towards the Future of Copyright in the "Digital Age"

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 intellectual property should be in the public domain and available for all to use. "Information wants to be free" and copyright restricts people's possibilities concerning the utilization of digital content. An enforced copyright will lead to a further digital divide as copyright creates unjust monopolies in the basic commodity of the "information age". Also the increased ease of copying effectively obviates copyright, which is a relict of the past and should be expunged.

Enlarge Copyright

Realizing the growing economic importance of intellectual property, especially the holders of copyright (in particular the big publishing, distribution and other core copyright industries) - and therefore recipients of the royalties - adhere to the idea of enlarging copyright. In their view the basic foundation of copyright - the response to the need to provide protection to authors so as to give them an incentive to invest the time and effort required to produce creative works - is also relevant in a digital environment.

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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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Bureaucratic data bunkers



Among the foremost of the data bunkers government bureaucracies. Bureaucracies are the oldest forms of bunkers and are today deeply engrained in modern societies. Bureaucracies have always had the function of collecting and administering the data of subjects. What make this process more problematic in the age of ICT is that a lot more data can be collected, they can be collected in clandestine ways (e.g. in surveillance situations), and the can be combined and merged using advanced data mining technologies. In addition, there is a greater rationale for official data collecting, as a lot more data is required for the functioning of public administration as in previous periods, as societies rush to adopt increasingly complex technologies, above all ICTs. The increasing complexity of modern societies means that an increasing number of bureaucratic decision is taken, all of which require a calculation process. Complexity, viewed through government spectacles, generates insecurity - a great deal of the bureaucratic activity therefore revolves around the topic of security.

In spite of the anti-bureaucratic rhetoric of most governments, these factors provides the bureaucracies with an increased hold on society. Foremost bureaucratic data bunkers include the following:

    Law enforcement agencies

    Fiscal agencies

    Intelligence agencies

    Social welfare agencies

    Social insurance institutions

    Public health agencies

    Educational institutions



These are agencies that enjoy the privileged protection of the state. Those among them that operate in the field of security are further protected against public scrutiny, as they operate in an area to which democratic reason has no access.

What makes the data repositories of these institutions different from private data bunkers is their "official", i.e. their politically binding and definitive character. CAE speak of the bureaucracy as a "concrete form of uninterruptible, official and legitimised memory."

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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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Basics: Acquisition of Copyright

The laws of almost all countries provide that protection is independent of any formalities. Copyright protection then starts as soon as the work is created.

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Problems of Copyright Management and Control Technologies

Profiling and Data Mining

At their most basic copyright management and control technologies might simply be used to provide pricing information, negotiate the purchase transaction, and release a copy of a work for downloading to the customer's computer. Still, from a technological point of view, such systems also have the capacity to be employed for digital monitoring. Copyright owners could for example use the transaction records generated by their copyright management systems to learn more about their customers. Profiles, in their crudest form consisting of basic demographic information, about the purchasers of copyrighted material might be created. Moreover copyright owners could use search agents or complex data mining techniques to gather more information about their customers that could either be used to market other works or being sold to third parties.

Fair Use

Through the widespread use of copyright management and control systems the balance of control could excessively be shifted in favor of the owners of intellectual property. The currently by copyright law supported practice of fair use might potentially be restricted or even eliminated. While information in analogue form can easily be reproduced, the protection of digital works through copyright management systems might complicate or make impossible the copying of material for purposes, which are explicitly exempt under the doctrine of fair use.

Provisions concerning technological protection measures and fair use are stated in the DMCA, which provides that "Since copying of a work may be a fair use under appropriate circumstances, section 1201 does not prohibit the act of circumventing a technological measure that prevents copying. By contrast, since the fair use doctrine is not a defense e to the act of gaining unauthorized access to a work, the act of circumventing a technological measure in order to gain access is prohibited." Also the proposed EU Directive on copyright and related rights in the information society contains similar clauses. It distinguishes between the circumvention of technical protection systems for lawful purposes (fair use) and the circumvention to infringe copyright. Yet besides a still existing lack of legal clarity also very practical problems arise. Even if the circumvention of technological protection measures under fair use is allowed, how will an average user without specialized technological know-how be able to gain access or make a copy of a work? Will the producers of copyright management and control systems provide fair use versions that permit the reproduction of copyrighted material? Or will users only be able to access and copy works if they hold a digital "fair use license" ("fair use licenses" have been proposed by Mark Stefik, whereby holders of such licenses could exercise some limited "permissions" to use a digital work without a fee)?

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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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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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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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How the Internet works

On the Internet, when you want to retrieve a document from another computer, you request a service from this computer. Your computer is the client, the computer on which the information you want to access is stored, is called the server. Therefore the Internet's architecture is called client-server architecture.

A common set of standards allows the exchange of data and commands independent from locations, time, and operating systems through the Internet. These standards are called communication protocols, or the Internet Protocol Suite, and are implemented in Internet software. Sometimes the Internet Protocol Suite is erroneously identified with TCP/IP (Transmission Control Protocol / Internet Protocol).

Any information to be transferred is broken down into pieces, so-called packets, and the Internet Protocol figures out how the data is supposed to get from A to B by passing through routers.

Each packet is "pushed" from router to router via gateways and might take a different route. It is not possible to determine in advance which ways these packets will take. At the receiving end the packets are checked and reassembled.

The technique of breaking down all messages and requests into packets has the advantage that a large data bundle (e.g. videos) sent by a single user cannot block a whole network, because the bandwidth needed is deployed on several packets sent on different routes. Detailed information about routing in the Internet can be obtained at http://www.scit.wlv.ac.uk/~jphb/comms/iproute.html.

One of the Internet's (and of the Matrix's) beginnings was the ARPANet, whose design was intended to withstand any disruption, as for example in military attacks. The ARPANet was able to route data around damaged areas, so that the disruption would not impede communication. This design, whith its origin in strategic and military considerations, remained unchanged for the Internet. Yet the design of the ARPANet's design cannot be completely applied to the Internet.

Routing around depends on the location of the interruption and on the availability of intersecting points between networks. If, for example, an E-mail message is sent from Brussels to Athens and in Germany a channel is down, it will not affect access very much, the message will be routed around this damage, as long as a major Internet exchange is not affected. However, if access depends on a single backbone connection to the Internet and this connection is cut off, there is no way to route around.

In most parts of the world the Internet is therefore vulnerable to disruption. "The idea of the Internet as a highly distributed, redundant global communications system is a myth. Virtually all communications between countries take place through a very small number of bottlenecks, and the available bandwidth isn't that great," says Douglas Barnes. These bottlenecks are the network connections to neighboring countries. Many countries rely on a one single connection to the Net, and in some places, such as the Suez Canal, there is a concentration of fiber-optic cables of critical importance.

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Moral rights

Authors of copyrighted works (besides economic rights) enjoy moral rights on the basis of which they have the right to claim their authorship and require that their names be indicated on the copies of the work and in connection with other uses thereof. Moral rights are generally inalienable and remain with the creator even after he has transferred his economic rights, although the author may waive their exercise.

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Adi Shamir

Adi Shamir was one of three persons in a team to invent the RSA public-key cryptosystem. The other two authors were Ron Rivest and Leonard M. Adleman.

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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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Internet Engineering Steering Group

On behalf of the Internet Society, the Internet Engineering Steering Group is responsible for the technical management of the evolution of the architecture, the standards and the protocols of the Net.

http://www.ietf.org/iesg.html

http://www.ietf.org/iesg.html
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The Spot

http://www.thespot.com/

http://www.thespot.com/
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Backbone Networks

Backbone networks are central networks usually of very high bandwidth, that is, of very high transmitting capacity, connecting regional networks. The first backbone network was the NSFNet run by the National Science Federation of the United States.

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Transmission Control Protocol/Internet Protocol (TCP/IP)

TCP and IP are the two most important protocols and communication standards. TCP provides reliable message-transmission service; IP is the key protocol for specifying how packets are routed around the Internet.

More detailed information can be found here

http://www.anu.edu/people/Roger.Clarke/II/Pri...
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Blaise Pascal

b. June 19, 1623, Clermont-Ferrand, France
d. August 19, 1662, Paris, France

French mathematician, physicist, religious philosopher, and master of prose. He laid the foundation for the modern theory of probabilities, formulated what came to be known as Pascal's law of pressure, and propagated a religious doctrine that taught the experience of God through the heart rather than through reason. The establishment of his principle of intuitionism had an impact on such later philosophers as Jean-Jacques Rousseau and Henri Bergson and also on the Existentialists.

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Digital Subscriber Line (DSL)

DSL connections are high-speed data connections over copper wire telephone lines. As with cable connections, with DSL you can look up information on the Internet and make a phone call at the same time but you do not need to have a new or additional cable or line installed. One of the most prominent DSL services is ISDN (integrated services digital network, for more information click here ( http://www.britannica.com/bcom/eb/article/4/0,5716,129614+15,00.html )).

http://www.britannica.com/bcom/eb/article/4/0...
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Virtual Private Networks

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.

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Caching

Caching generally refers to the process of making an extra copy of a file or a set of files for more convenient retrieval. On the Internet caching of third party files can occur either locally on the user's client computer (in the RAM or on the hard drive) or at the server level ("proxy caching"). A requested file that has been cached will then be delivered from the cache rather than a fresh copy being retrieved over the Internet.

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Neighboring rights

Copyright laws generally provide for three kinds of neighboring rights: 1) the rights of performing artists in their performances, 2) the rights of producers of phonograms in their phonograms, and 3) the rights of broadcasting organizations in their radio and television programs. Neighboring rights attempt to protect those who assist intellectual creators to communicate their message and to disseminate their works to the public at large.

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Amazon.Com

Amazon.Com was one of the first online bookstores. With thousands of books, CDs and videos ordered via the Internet every year, Amazon.Com probably is the most successful Internet bookstore.

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Intelsat

Intelsat, the world's biggest communication satellite services provider, is still mainly owned by governments, but will be privatised during 2001, like Eutelsat. A measure already discussed 1996 at an OECD competition policy roundtable in 1996. Signatory of the Intelsat treaty for the United States of America is Comsat, a private company listed on the New York Stock Exchange. Additionally Comsat is one of the United Kingdom's signatories. Aggregated, Comsat owns about 20,5% of Intelsat already and is Intelsat's biggest shareholder. In September 1998 Comsat agreed to merge with Lockheed Martin. After the merger, Lockheed Martin will hold at least 49% of Comsat share capital.

http://www.intelsat.int/index.htm

http://www.eutelsat.org/
http://www.oecd.org//daf/clp/roundtables/SATS...
http://www.comsat.com/
http://www.nyse.com/
http://www.comsat.com/
http://www.comsat.com/
http://www.comsat.com/
http://www.comsat.com/
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Galileo Galilee

Galileo Galilee (1564-1642), the Italian Mathematician and Physicist is called the father of Enlightenment. He proofed the laws of the free fall, improved the technique for the telescope and so on. Galilee is still famous for his fights against the Catholic Church. He published his writings in Italian instead of writing in Latin. Like this, everybody could understand him, which made him popular. As he did not stop talking about the world as a ball (the Heliocentric World System) instead of a disk, the Inquisition put him on trial twice and forbid him to go on working on his experiments.

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