Challenges for Copyright by ICT: Internet Service Providers

ISPs (Internet Service Providers) (and to a certain extent also telecom operators) are involved in the copyright debate primarily because of their role in the transmission and storage of digital information. Problems arise particularly concerning caching, information residing on systems or networks of ISPs at the directions of users and transitory communication.

Caching

Caching it is argued could cause damage because the copies in the cache are not necessarily the most current ones and the delivery of outdated information to users could deprive website operators of accurate "hit" information (information about the number of requests for a particular material on a website) from which advertising revenue is frequently calculated. Similarly harms such as defamation or infringement that existed on the original page may propagate for years until flushed from each cache where they have been replicated.

Although different concepts, similar issues to caching arise with mirroring (establishing an identical copy of a website on a different server), archiving (providing a historical repository for information, such as with newsgroups and mailing lists), and full-text indexing (the copying of a document for loading into a full-text or nearly full-text database which is searchable for keywords or concepts).

Under a literal reading of some copyright laws caching constitutes an infringement of copyright. Yet recent legislation like the DMCA or the proposed EU Directive on copyright and related rights in the information society (amended version) have provided exceptions for ISPs concerning particular acts of reproduction that are considered technical copies (caching). Nevertheless the exemption of liability for ISPs only applies if they meet a variety of specific conditions. In the course of the debate about caching also suggestions have been made to subject it to an implied license or fair use defense or make it (at least theoretically) actionable.

Information Residing on Systems or Networks at the Direction of Users

ISPs may be confronted with problems if infringing material on websites (of users) is hosted on their systems. Although some copyright laws like the DMCA provide for limitations on the liability of ISPs if certain conditions are met, it is yet unclear if ISPs should generally be accountable for the storage of infringing material (even if they do not have actual knowledge) or exceptions be established under specific circumstances.

Transitory Communication

In the course of transmitting digital information from one point on a network to another ISPs act as a data conduit. If a user requests information ISPs engage in the transmission, providing of a connection, or routing thereof. In the case of a person sending infringing material over a network, and the ISP merely providing facilities for the transmission it is widely held that they should not be liable for infringement. Yet some copyright laws like the DMCA provide for a limitation (which also covers the intermediate and transient copies that are made automatically in the operation of a network) of liability only if the ISPs activities meet certain conditions.

For more information on copyright (intellectual property) related problems of ISPs (BBSs (Bulletin Board Service Operators), systems operators and other service providers) see:

Harrington, Mark E.: On-line Copyright Infringement Liability for Internet Service Providers: Context, Cases & Recently Enacted Legislation. In: Intellectual Property and Technology Forum. June 4, 1999.

Teran, G.: Who is Vulnerable to Suit? ISP Liability for Copyright Infringement. November 2, 1999.

TEXTBLOCK 1/3 // URL: http://world-information.org/wio/infostructure/100437611725/100438659550
 
The 19th Century: First Programmable Computing Devices

Until the 19th century "early computers", probably better described as calculating machines, were basically mechanical devices and operated by hand. Early calculators like the abacus worked with a system of sliding beads arranged on a rack and the centerpiece of Leibniz's multiplier was a stepped-drum gear design.

Therefore Charles Babbage's proposal of the Difference Engine (1822), which would have (it was never completed) a stored program and should perform calculations and print the results automatically, was a major breakthrough, as it for the first time suggested the automation of computers. The construction of the Difference Engine, which should perform differential equations, was inspired by Babbage's idea to apply the ability of machines to the needs of mathematics. Machines, he noted, were best at performing tasks repeatedly without mistakes, while mathematics often required the simple repetition of steps.

After working on the Difference Engine for ten years Babbage was inspired to build another machine, which he called Analytical Engine. Its invention was a major step towards the design of modern computers, as it was conceived the first general-purpose computer. Instrumental to the machine's design was his assistant, Augusta Ada King, Countess of Lovelace, the first female computer programmer.

The second major breakthrough in the design of computing machines in the 19th century may be attributed to the American inventor Herman Hollerith. He was concerned with finding a faster way to compute the U.S. census, which in 1880 had taken nearly seven years. Therefore Hollerith invented a method, which used cards to store data information which he fed into a machine that compiled the results automatically. The punch cards not only served as a storage method and helped reduce computational errors, but furthermore significantly increased speed.

Of extraordinary importance for the evolution of digital computers and artificial intelligence have furthermore been the contributions of the English mathematician and logician George Boole. In his postulates concerning the Laws of Thought (1854) he started to theorize about the true/false nature of binary numbers. His principles make up what today is known as Boolean algebra, the collection of logic concerning AND, OR, NOT operands, on which computer switching theory and procedures are grounded. Boole also assumed that the human mind works according to these laws, it performs logical operations that could be reasoned. Ninety years later Boole's principles were applied to circuits, the blueprint for electronic computers, by Claude Shannon.

TEXTBLOCK 2/3 // URL: http://world-information.org/wio/infostructure/100437611663/100438659426
 
1000 B.C. - 0

900 B.C.
A postal service is used for governmental purposes in China.

500 B.C.
In ancient Greece trumpets, drums, shouting, beacon, fires, smoke signals, and mirrors are used for message transmission.

4th century B.C.
Aeneas Tacitus' optical communication system

Aeneas Tacitus, a Greek military scientist and cryptographer, invented an optical communication system that combines water and beacon telegraphy. Torches indicated the beginnings and the ends of a message transmission while water jars were used to transmit the messages. These jars had a plugged standard-size hole drilled on the bottom side and were filled with water. As those who sent and those who received the message unplugged the jars simultaneously, the water drained out. Because the transmitted messages corresponded to water levels, the sender indicated by a torch signal that the appropriate water level had been reached. The methods disadvantage was that the possible messages were restricted to a given code, but as the system was mainly used for military purposes, this was offset by the advantage that it was almost impossible for outsiders to understand the messages unless they possessed the codebook.

With communication separated from transportation, the distant became near. Tacitus' telegraph system was very fast and not excelled until the end of the 18th century.

For further information see Joanne Chang & Anna Soellner, Decoding Device, http://www.smith.edu/hsc/museum/ancient_inventions/decoder2.html

3rd century B.C.
Wax tablets are used as writing material in Mesopotamia, ancient Greece, and Etruria.

2nd century B.C.
In China paper is invented.

1st century B.C.
Codices replace scrolls

The use of codices instead of scrolls - basically the hardcover book as we know it today - is an essential event in European history. To quote accurately by page number, to browse through pages and to skip chapters - things that were impossible when reading scrolls - becomes possible.

In the computer age we are witnesses to a kind of revival of the scrolls as we scroll up and down a document. The introduction of hypertext possibly marks the beginning of a similar change as has taken place with the substitution of scrolls with codices.

TEXTBLOCK 3/3 // URL: http://world-information.org/wio/infostructure/100437611796/100438659723
 
Industrial design

Industrial design refers to the ornamental aspect of a useful article which may constitute of two or three-dimensional elements. To be qualified for intellectual property protection the design must be novel or original. Protection can be obtained through registration in a government office and usually is given for 10 to 15 years.

INDEXCARD, 1/3
 
Fiber-optic cable networks

Fiber-optic cable networks may become the dominant method for high-speed Internet connections. Since the first fiber-optic cable was laid across the Atlantic in 1988, the demand for faster Internet connections is growing, fuelled by the growing network traffic, partly due to increasing implementation of corporate networks spanning the globe and to the use of graphics-heavy contents on the World Wide Web.

Fiber-optic cables have not much more in common with copper wires than the capacity to transmit information. As copper wires, they can be terrestrial and submarine connections, but they allow much higher transmission rates. Copper wires allow 32 telephone calls at the same time, but fiber-optic cable can carry 40,000 calls at the same time. A capacity, Alexander Graham Bell might have not envisioned when he transmitted the first words - "Mr. Watson, come here. I want you" - over a copper wire.

Copper wires will not come out of use in the foreseeable future because of technologies as DSL that speed up access drastically. But with the technology to transmit signals at more than one wavelength on fiber-optic cables, there bandwidth is increasing, too.

For technical information from the Encyclopaedia Britannica on telecommunication cables, click here. For technical information from the Encyclopaedia Britannica focusing on fiber-optic cables, click here.

An entertaining report of the laying of the FLAG submarine cable, up to now the longest fiber-optic cable on earth, including detailed background information on the cable industry and its history, Neal Stephenson has written for Wired: Mother Earth Mother Board. Click here for reading.

Susan Dumett has written a short history of undersea cables for Pretext magazine, Evolution of a Wired World. Click here for reading.

A timeline history of submarine cables and a detailed list of seemingly all submarine cables of the world, operational, planned and out of service, can be found on the Web site of the International Cable Protection Committee.

For maps of fiber-optic cable networks see the website of Kessler Marketing Intelligence, Inc.

http://www.britannica.com/bcom/eb/article/4/0...
http://www.britannica.com/bcom/eb/article/4/0...
http://www.wired.com/wired/archive/4.12/ffgla...
http://www.pretext.com/mar98/features/story3....
INDEXCARD, 2/3
 
Gerard J. Holzmann and Bjoern Pehrson, The Early History of Data Networks

This book gives a fascinating glimpse of the many documented attempts throughout history to develop effective means for long distance communications. Large-scale communication networks are not a twentieth-century phenomenon. The oldest attempts date back to millennia before Christ and include ingenious uses of homing pigeons, mirrors, flags, torches, and beacons. The first true nationwide data networks, however, were being built almost two hundred years ago. At the turn of the 18th century, well before the electromagnetic telegraph was invented, many countries in Europe already had fully operational data communications systems with altogether close to one thousand network stations. The book shows how the so-called information revolution started in 1794, with the design and construction of the first true telegraph network in France, Chappe's fixed optical network.

http://www.it.kth.se/docs/early_net/

INDEXCARD, 3/3