Legal Protection: Multilateral Agreements

With the rise of a global economic system a desire to establish agreements, which protect works not only within national borders, but also within a "Union" of countries or on an international level, has been expressed. As a consequence a variety of multilateral treaties have been negotiated and adopted by governments. Those shall simplify practice through international standardization and mutual recognition of rights and duties among nations.


TEXTBLOCK 1/13 // URL: http://world-information.org/wio/infostructure/100437611725/100438659570
 
History: "The South"

In many traditional Southern countries awe and mystery surround the created object into which the creator projects spirit and soul. Also in contrast with the Western individual-based concept of intellectual property rights it is custom to recognize 'collective', 'communal' or 'folkloric' copyright. Folkloric copyright acknowledges rights to all kinds of knowledge, ideas and innovations produced in 'intellectual commons'. Such rights are not limited to the lifetime of an individual but rather exist in perpetuity with a specific group or an entire people.

Islamic Tradition

Already early Islamic jurists recognized a creator's right or copyright and offered protection against piracy. Traditional Islamic law treats infringement as a breach of ethics, not as a criminal act of theft. Punishment is carried out in the form of defamation of the infringer and the casting of shame on his tribe. Only in recent years many Islamic countries have adopted formal copyright statutes.

TEXTBLOCK 2/13 // URL: http://world-information.org/wio/infostructure/100437611725/100438659436
 
Basics: Protected Works

Usually the subject matter of copyright is described as "literary and artistic works" - original creations in the fields of literature and arts. Such works may be expressed in words, symbols, pictures, music, three-dimensional objects, or combinations thereof. Practically all national copyright laws provide for the protection of the following types of works:

Literary works: novels, poems dramatic works and any other writings, whether published or unpublished; in most countries also computer programs and "oral works"

Musical works

Artistic works: whether two-dimensional or three-dimensional; irrespective of their content and destination

Maps and technical drawings

Photographic works: irrespective of the subject matter and the purpose for which made

Audiovisual works: irrespective of their purpose, genre, length, method employed or technical process used

Some copyright laws also provide for the protection of choreographic works, derivative works (translations, adaptions), collections (compilations) of works and mere data (data bases); collections where they, by reason of the selection and arrangement of the contents, constitute intellectual creations. Furthermore in some countries also "works of applied art" (furniture, wallpaper etc.) and computer programs (either as literary works or independently) constitute copyrightable matter.

Under certain national legislations the notion "copyright" has a wider meaning than "author's rights" and, in addition to literary and artistic works, also extends to the producers of sound recordings, the broadcasters of broadcasts and the creators of distinctive typographical arrangements of publications.


TEXTBLOCK 3/13 // URL: http://world-information.org/wio/infostructure/100437611725/100438659538
 
Extract of AOL Time Warner’s Content Production and Distribution Holdings

The following selection does not claim to present an exhaustive listing, but rather picks some of the company's most important assets. Due to the rapid developments in the world of media giants the list is also subject to changes.

Cable TV Systems and Channels/Networks

Time Warner Cable has 12.6 million subscribers in the U.S. and also runs 5 local 24-hour news stations.

Cable TV channels/networks (some part-owned): HBO, HBO Plus, HBO Signature, HBO Family, HBO Comedy, HBO Zone, Cinemax, MoreMAX, ActionMAX, ThrillerMAX, HBO en Espa-ol, Comedy Central, Court TV, HBO Ole, HBO Asia, HBO Central Europe, CNN, CNN Headline News, CNN International, CNNfN, CNN/Sports Illustrated, CNN en Espa-ol, CNN Airport Network, CNN Radio, CNN Radio Noticias, CNN Interactive TBS Superstation, Turner Network Television, Cartoon Network, Turner Classic Movies, TNT Europe, Cartoon Network Europe, TNT Latin America, Cartoon Network Latin America, TNT & Cartoon Network/Asia Pacific, CNN+, n-tv

Movies, TV, Video Production, and Movie Theaters

Warner Bros. film studio

Warner Bros. Television production studios

Warner Bros. Home Video

Turner worldwide Home Video

Turner Pictures

Castle Rock Entertainment movie production company

New Line Cinema movie production company

Warner Bros. film library

Turner Film Library

Hanna Barbera Cartoons

Owns many movie houses, with over 1,000 screens, around the world

Book Publishing

Time Life Inc.

Book-of-the-Month Club

Warner Books

Little, Brown and Company

Oxmoor House

Leisure Arts

Sunset Books

Magazines

Time, People, Sports Illustrated, Fortune, Life, Money, Parenting, In Style, Entertainment Weekly, Cooking Light, Baby Talk, First Moments, Coastal Living, Health, Progressive Farmer, Southern Accents, Southern Living, Sports Illustrated, For Kids, Sunset, Teen People, Time for Kids, Weight Watchers, Mutual Funds, Your Company, Asiaweek, President, Wallpaper. Hippocrates

Recorded Music

Warner Music Group

The Atlantic Group

Elektra Entertainment Group

Rhino Entertainment

Sire Records Group

Warner Bros. Records

Warner Music International

WEA Inc.

WEA Corp.

WEA Manufacturing

Ivy Hill Corp.

Warner Special Products

Alternative Distribution Alliance

Giant Merchandising

Deals with record labels include:

Maverick records

Tommy Boy Sub Pop

Qwest

143 Records

Internet and New Media

About 130 Websites including: CNN.com, AllPolitics.com, CNNSI.com, Time Digital, People, Southern Living, Sports Illustrated

Turner New Media

Online Services including: Compuserve, Netscape, Netcenter

Pro Sports Teams and Promotions

Atlanta Braves major league baseball team

Atlanta Hawks NBA basketball team

World Championship Wrestling

Goodwill Games

Other

Six Flags entertainment/excursion parks

Warner Bros. Movie World theme park

Over 150 Warner Bros. stores, plus Turner Retail Group

25 % stake in Atari

14 % stake in Hasbro

Business Connections with Other Media Companies

Joint ventures, equity interests or major arrangements with Viacom, Sony, Bertelsmann, News Corp., Kirch, EMI, Tribune Co., and others.

TEXTBLOCK 4/13 // URL: http://world-information.org/wio/infostructure/100437611795/100438659100
 
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.

TEXTBLOCK 5/13 // URL: http://world-information.org/wio/infostructure/100437611725/100438659414
 
AOL Time Warner

The largest media conglomerate in the world, Time Warner resulted from the merger of the publisher Time Inc. and the media company Turner Broadcasting Systems, Inc. in 1996. Time Inc. founded in 1922 primarily concentrated on magazines and books and in the 1950s moved into the broadcasting and entertainment industry, but in the 1970s announced that it was selling its broadcasting holdings and concentrating on cable television. In 1989 Time Inc. merged with Warner Communications Inc., which besides being a major motion-picture and television studio, was also one of the biggest U.S. music recordings producers and cable-television operators.

In January 2000 Time Warner merged with AOL (America Online) in a US$ 243.3 billion deal. Although AOL so far generated far less profit and turnover than Time Warner its quotation on the stock exchange was clearly higher, making Time Warner the junior partner (45 percent) in the new company. Through its merger with AOL, which is a major player in the online-business and owns several Internet-services like Compuserve, Netscape and Netcenter, the new media conglomerate could significantly enlarge its online presence and also complement its traditional media activities.

TEXTBLOCK 6/13 // URL: http://world-information.org/wio/infostructure/100437611795/100438659126
 
Centralization of the Content Industry

Following the 1980s a sweeping restructuring of commercial media power has happened. While some firms have grown through expansion others extended through mergers and acquisitions. Examples are Time & Warner & Turner & AOL; Viacom & Paramount & Blockbusters or News Corp. & Triangle & 20th Century Fox & Metromedia TV.

In recent years those developments have led to the rise of transnational media giants, resulting in the domination of the global media system by about ten huge conglomerates. These have interests in numerous media industries, ranging from film production, magazines, newspapers, book publishing and recorded music to TV and radio channels and networks, but also include retail stores, amusement parks and digital media products.

Behind these firms are about three or four dozen smaller media companies, which primarily engage in local, national or niche markets. In short, the overwhelming majority of the world's content production facilities and distribution channels lies in the hands of approximately fifty enterprises.

TEXTBLOCK 7/13 // URL: http://world-information.org/wio/infostructure/100437611795/100438659096
 
1400 - 1500 A.D.

1455
Johannes Gutenberg publishes the Bible as the first book in Europe by means of a movable metal font.

Gutenberg's printing press was an innovative aggregation of inventions known for centuries before Gutenberg: the olive oil press, oil-based ink, block-print technology, and movable types allowed the mass production of the movable type used to reproduce a page of text and enormously increased the production rate. During the Middle Ages it took monks at least a year to make a handwritten copy of a book. Gutenberg could print about 300 sheets per day. Because parchment was too costly for mass production - for the production of one copy of a medieval book often a whole flock of sheep was used - it was substituted by cheap paper made from recycled clothing of the massive number of deads caused by the Great Plague.

Within forty-five years, in 1500, ten million copies were available for a few hundred thousand literate people. Because individuals could examine a range of opinions now, the printed Bible - especially after having been translated into German by Martin Luther - and increasing literacy added to the subversion of clerical authorities. The interest in books grew with the rise of vernacular, non-Latin literary texts, beginning with Dante's Divine Comedy, the first literary text written in Italian.

Among others the improvement of the distribution and production of books as well as increased literacy made the development of print mass media possible.

Michael Giesecke (Sinnenwandel Sprachwandel Kulturwandel. Studien zur Vorgeschichte der Informationsgesellschaft, Frankfurt am Main: Suhrkamp, 1992) has shown that due to a division of labor among authors, printers and typesetters Gutenberg's invention increasingly led to a standardization of - written and unwritten - language in form of orthography, grammar and signs. To communicate one's ideas became linked to the use of a code, and reading became a kind of rite of passage, an important step towards independency in a human's life.

With the growing linkage of knowledge to reading and learning, the history of knowledge becomes the history of reading, of reading dependent on chance and circumstance.

For further details see:
Martin Warnke, Text und Technik, http://www.uni-lueneburg.de/
Bruce Jones, Manuscripts, Books, and Maps: The Printing Press and a Changing World, http://communication.ucsd.edu/bjones/Books/booktext.html

TEXTBLOCK 8/13 // URL: http://world-information.org/wio/infostructure/100437611796/100438659777
 
Convergence

TEXTBLOCK 9/13 // URL: http://world-information.org/wio/infostructure/100437611795/100438659138
 
Extract of Disney’s Content Production and Distribution Holdings

Although the traditional media companies first steps into the digital sphere were fairly clumsy, they have quickly learned from their mistakes and continued to enlarge their Internet presence. Time Warner now for instance operates about 130 Web-Sites (http://www.timewarner.com/corp/about/pubarchive/websites.html). Anyhow the stronger online-engagement of the big media conglomerates by 1998 has led to the establishment of a new pattern: "More than three-quarters of the 31 most visited news and entertainment websites were affiliated with large media firms, and most of the rest were connected to outfits like AOL and Microsoft." (Broadcasting and Cable, 6/22/98).

During the last years many of the smaller players in the field of digital media have been driven out of competition by the huge media conglomerates. This mainly is a result of the advantages that the commercial media giants have over their less powerful counterparts:

    As engagement in online activities mostly does not lead to quick profits, investors must be able to take losses, which only powerful companies are able to.



    Traditional media outlets usually have huge stocks of digital programming, which they can easily plug into the Internet at little extra cost.



    To generate audience, the big media conglomerates constantly promote their Websites and other digital media products on their traditional media holdings.



    As possessors of the hottest "brands" commercial media companies often get premier locations from browser software makers, Internet service providers, search engines and portals.



    Having the financial resources at their disposition the big media firms are aggressive investors in start-up Internet media companies.



Commercial media companies have close and long ties to advertisers, which enables them to seize most of these revenues.

TEXTBLOCK 10/13 // URL: http://world-information.org/wio/infostructure/100437611795/100438659167
 
History: Communist Tradition

Following the communist revolutions of the 20th century all "means of production" became the property of the state as representative of "the masses". Private property ceased to exist. While moral rights of the creator were recognized and economic rights acknowledged with a one-time cash award, all subsequent rights reverted to the state.

With the transformation of many communist countries to a market system most of them have now introduced laws establishing markets in intellectual property rights. Still the high rate of piracy reflects a certain lack of legal tradition.

TEXTBLOCK 11/13 // URL: http://world-information.org/wio/infostructure/100437611725/100438659483
 
Digital Signatures, Timestamps etc

Most computer systems are far from being secure.
A lack of security - it is said - might hinder the developments of new information technologies. Everybody knows electronic transactions involve a more or less calculated risk. Rumors about insecurity let consumers doubt whether the commodity of e-commerce is bigger or its risks. First of all the market depends on the consumer's confidence. To provide that another application for public key cryptography gets essential: the digital signature, which is used to verify the authenticity of the sender of certain data.
It is done with a special private key, and the public key is verifying the signature. This is especially important if the involved parties do not know one another. The DSA (= Digital Signature Algorithm) is a public-key system which is only able to sign digitally, not to encrypt messages. In fact digital signature is the main-tool of cryptography in the private sector.

Digital signatures need to be given for safe electronic payment. It is a way to protect the confidentiality of the sent data, which of course could be provided by other ways of cryptography as well. Other security methods in this respect are still in development, like digital money (similar to credit cards or checks) or digital cash, a system that wants to be anonymous like cash, an idea not favored by governments as it provides many opportunities for money laundry and illegal transactions.

If intellectual property needs to be protected, a digital signature, together with a digital timestamp is regarded as an efficient tool.

In this context, the difference between identification and authentication is essential. In this context smartcards and firewalls are relevant, too.

A lot of digital transactions demand for passwords. More reliable for authentication are biometric identifiers, full of individual and unrepeatable codes, signatures that can hardly be forged.

For more terms of cryptography and more information see:
http://poseidon.csd.auth.gr/signatures
http://www.dlib.org/dlib/december97/ibm/12lotspiech.html
http://www.cryptography.com/technology/technology.html
http://www.cdt.org/crypto/glossary.shtml
http://www.oecd.org//dsti/sti/it/secur/prod/GD97-204.htm

TEXTBLOCK 12/13 // URL: http://world-information.org/wio/infostructure/100437611776/100438659015
 
0 - 1400 A.D.

150
A smoke signals network covers the Roman Empire

The Roman smoke signals network consisted of towers within a visible range of each other and had a total length of about 4500 kilometers. It was used for military signaling.
For a similar telegraph network in ancient Greece see Aeneas Tacitus' optical communication system.

About 750
In Japan block printing is used for the first time.

868
In China the world's first dated book, the Diamond Sutra, is printed.

1041-1048
In China moveable types made from clay are invented.

1088
First European medieval university is established in Bologna.

The first of the great medieval universities was established in Bologna. At the beginning universities predominantly offered a kind of do-it-yourself publishing service.

Books still had to be copied by hand and were so rare that a copy of a widely desired book qualified for being invited to a university. Holding a lecture equaled to reading a book aloud, like a priest read from the Bible during services. Attending a lecture equaled to copy a lecture word by word, so that you had your own copy of a book, thus enabling you to hold a lecture, too.

For further details see History of the Idea of a University, http://quarles.unbc.edu/ideas/net/history/history.html

TEXTBLOCK 13/13 // URL: http://world-information.org/wio/infostructure/100437611796/100438659702
 
WTO

An international organization designed to supervise and liberalize world trade. The WTO (World Trade Organization) is the successor to the General Agreement on Tariffs and Trade (GATT), which was created in 1947 and liberalized the world's trade over the next five decades. The WTO came into being on Jan. 1, 1995, with 104 countries as its founding members. The WTO is charged with policing member countries' adherence to all prior GATT agreements, including those of the last major GATT trade conference, the Uruguay Round (1986-94), at whose conclusion GATT had formally gone out of existence. The WTO is also responsible for negotiating and implementing new trade agreements. The WTO is governed by a Ministerial Conference, which meets every two years; a General Council, which implements the conference's policy decisions and is responsible for day-to-day administration; and a director-general, who is appointed by the Ministerial Conference. The WTO's headquarters are in Geneva, Switzerland.



INDEXCARD, 1/5
 
Ron Rivest

Ronald L. Rivest is Webster Professor of Electrical Engineering and Computer Science in MIT's EECS Department. He was one of three persons in a team to invent the RSA public-key cryptosystem. The co-authors were Adi Shamir and Leonard M. Adleman.

INDEXCARD, 2/5
 
Mass production

The term mass production refers to the application of the principles of specialization, division of labor, and standardization of parts to the manufacture of goods. The use of modern methods of mass production has brought such improvements in the cost, quality, quantity, and variety of goods available that the largest global population in history is now sustained at the highest general standard of living. A moving conveyor belt installed in a Dearborn, Michigan, automobile plant in 1913 cut the time required to produce flywheel magnetos from 18 minutes to 5 and was the first instance of the use of modern integrated mass production techniques.

INDEXCARD, 3/5
 
Critical Art Ensemble

Critical Art Ensemble is a collective of five artists of various specializations dedicated to exploring the intersections between art, technology, radical politics, and critical theory. CAE have published a number of books and carried out innovative art projects containing insightful and ironic theoretical contributions to media art. Projects include Addictionmania, Useless Technology, The Therapeutic State, Diseases of Consciousness, Machineworld, As Above So Below, and Flesh Machine.

http://www.critical-art.net

INDEXCARD, 4/5
 
First typewriter patent, 1713

In 1714 Henry Mill got granted a patent for his idea of an "artificial machine or method" for forgery-proof writing, but not before 1808 the first typewriter proven to have worked, was built by Pellegrino Turri for his visually impaired friend, the Countess Carolina Fantoni da Fivizzono. In 1873 commercial production of typewriters began.

For a brief history of typewriters see Richard Polt, The Classic Typewriter Page, http://xavier.xu.edu/~polt/typewriters.html

http://xavier.xu.edu/~polt/typewriters.html
INDEXCARD, 5/5