Commercial vs. Independent Content

Commercial media aim towards economies of scale and scope, with the goal to maximize profits. As advertising money usually is their primary source of revenue their content very often is attuned to meet the needs of advertisers and marketers. Information necessary for a citizen's participation in the public sphere usually only plays a minor role in their programming, as it does not comply with the demands of an economic system whose principal aim is the generation of profit. They also virtually always are structured in accord with and to help reinforce society's defining hierarchical social relationships, and are generally controlled by and controlling of other major social institutions, particularly corporations.

Independent content provider on the other hand mostly act on a non-profit basis and try to avoid dependence on corporate powers and the state. One of their main concerns is the critical observation of public interest issues. The central aim of independent content provider's activities usually is to bring aspects and standpoints neglected by the (commercial) mainstream media to the public and subvert society's defining hierarchical social relationships. Promoting public debate and an active civil society they engage in the organization of alert actions and information campaigns or create subversive art.

TEXTBLOCK 1/1 // URL: http://world-information.org/wio/infostructure/100437611795/100438659171
 
Liability of ISPs

ISPs (Internet Service Provider), BBSs (Bulletin Board Service Operators), systems operators and other service providers (in the U.S.) can usually be hold liable for infringing activities that take place through their facilities under three theories: 1) direct liability: to establish direct infringement liability there must be some kind of a direct volitional act, 2) contributory liability: a party may be liable for contributory infringement where "... with knowledge of the infringing activity, [it] induces, causes or materially contributes to the infringing activity of another." Therefore a person must know or have reason to know that the subject matter is copyrighted and that particular uses violated copyright law. There must be a direct infringement of which the contributory infringer has knowledge, and encourages or facilitates for contributory infringement to attach, and 3) vicarious liability: a party may be vicariously liable for the infringing acts of another if it a) has the right and ability to control the infringer's acts and b) receives a direct financial benefit from the infringement. Unlike contributory infringement, knowledge is not an element of vicarious liability.


INDEXCARD, 1/1