Challenges for Copyright by ICT: Digital Content Providers

Providers of digital information might be confronted with copyright related problems when using some of the special features of hypertext media like frames and hyperlinks (which both use third party content available on the Internet to enhance a webpage or CD ROM), or operate a search engine or online directory on their website.

Framing

Frames are often used to help define, and navigate within, a content provider's website. Still, when they are used to present (copyrighted) third party material from other sites issues of passing off and misleading or deceptive conduct, as well as copyright infringement, immediately arise.

Hyperlinking

It is generally held that the mere creation of a hyperlink does not, of itself, infringe copyright as usually the words indicating a link or the displayed URL are unlikely to be considered a "work". Nevertheless if a link is clicked on the users browser will download a full copy of the material at the linked address creating a copy in the RAM of his computer courtesy of the address supplied by the party that published the link. Although it is widely agreed that the permission to download material over the link must be part of an implied license granted by the person who has made the material available on the web in the first place, the scope of this implied license is still the subject of debate. Another option that has been discussed is to consider linking fair use.

Furthermore hyperlinks, and other "information location tools", like online directories or search engines could cause their operators trouble if they refer or link users to a site that contains infringing material. In this case it is yet unclear whether providers can be held liable for infringement.

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The Big Five of Commercial Media

After a number of mergers and acquisitions five powerful media conglomerates lead the world's content production and distribution. They operate on an international basis with subsidiaries all around the globe and engage in every imaginable kind of media industry.

Table: The World's Leading Media Companies

Media Company

1998 Revenues

(in US$)

Property/Corporate Information

AOL Time Warner (US)

26,838.000.000*

http://www.timewarner.com/corp/about/timewarnerinc/corporate/index.html

Disney (US)

22,976.000.000

http://www.disney.com

Bertelsmann (GER)

16,389.000.000

http://www.bertelsmann.com/facts/report/report.cfm

News Corporation (AUS)

12,841.000.000

http://www.newscorp.com/public/cor/cor_m.htm

Viacom (US)

12,100.000.000

http://www.viacom.com/global.tin



(* Revenues of Time Warner only (merger with AOL took place in January 2000)

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Internet Architecture Board

On behalf of the Internet Society, the Internet Architecture Board oversees the evolution of the architecture, the standards and the protocols of the Net.

Internet Society: http://www.isoc.org/iab

http://www.isoc.org/
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Internet Protocol Number (IP Number)

Every computer using TCP/IP has a 32 bit-Internet address, an IP number. This number consists of a network identifier and of a host identifier. The network identifier is registered at and allocated by a Network Information Center (NIC), the host identifier is allocated by the local network administration.

IP numbers are divided into three classes. Class A is restricted for big-sized organizations, Class B to medium-sized ones as universities, and Class C is dedicated to small networks.

Because of the increasing number of networks worldwide, networks belonging together, as LANs forming a corporate network, are allocated a single IP number.

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