Hermes Draper's List: Digital Law Research Topic

• • The Internet is a dynamic medium, forever changing, but paradoxically,
    it never forgets—as unfortunate victims of identity theft discover when
    they try to repair their credit. Once posted, information cannot be recalled,
    since copies can be proliferated beyond any ability to find all of
    them, making it impossible both to ever correct bad information and to
    have confidence that citation to materials will be stable.
• • This “lack of authoritativeness
    and durability effectively cripples the Internet’s ability to tell courts anything
    of real substance about the reality it purports to depict.”5
• • Instead of thinking of privacy as analogous to spatial
    withdrawal to some place or situation where we cannot be observed, overheard,
    and so on, Eltis suggests that North Americans might do well to
    learn from Europeans. In the civil law tradition, privacy is conceived as
    pertaining to persons, and invasions of privacy are thought to lead to a
    “loss of meaningful control over the integrity of information.”9
• • This means that judges can face a loss of
    reputation or be seen in an adversarial light. Judges at trial are supposed
    to maintain the appearance of impartiality, so judges expressing personal
    opinions about matters under discussion on a social networking site may
    be seen to be taking sides or expressing values that someone may consider
    adversarial or improper for a judge to express. Or, like everyone else, they
    may reveal information in the flow of conversation that might be appropriate
    for an inner circle but not the world at large.
• • Now, anyone with an
    Internet connection and basic searching skills can find vast amounts of information
    that would have formerly been hidden.

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• • The average officer receives little or no instruction in computer forensics during training at the Police Academy. Local digital forensics labs tend to be staffed by detectives who have been assigned to a high- tech crime unit with limited specialized preparation.
• • Clearly, if electronic evidence is to be used in developing criminal cases, there is a need for law enforcement to explore differ- ent paradigms for processing it.
• • As society has become more computer- ized, we have witnessed an increase in high- tech crimes such as online identify theft and computer hacking, as well as traditional low- tech crimes such as fraud, drug dealing, and larceny that include a good deal of digital evidence.
• • Some estimates of losses due to cyber thieves are as high as $100 bil- lion, and there is evidence that as many as 97% of these offenses actually go undetected [1].
• • In the most general sense, the function of a PRS is to augment, broaden, and increase the effectiveness of the police department in its mission to protect the community [3].
• • These unique circumstances made the develop- ment of PRS especially smooth, but there is no rea- son to believe that the program could not be duplicated elsewhere. Probably the key ingredient is the establishment of communications between the technical and law enforcement communities.
• • While the PRS program is already producing posi- tive results, much more is planned. The next area to address is to review the policies and procedures for obtaining and processing digital evidence.

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• • The cyber world is an extension of the real world. It is another dimension where we can work, study and play. But people also tend to lose their inhibitions on the Internet, often while keeping their anonymity. Because of the perceived and real freedoms in the digital environment, people are emboldened to act in ways that they may not normally do in the real world. One recent phenomenon that is steadily becoming a problem in every country with a high level of electronic connectivity is the act of cyberstalking.
• • Hence, cyberspace affords lesser impediments to aggressive behaviour. The borderless nature of electronic communications medium, concomitant jurisdictional concerns and the unique challenges posed to computer forensics such as the collection of evidence and investigations also arise as relevant issues in this context. Cyberstalking has become a concern that has translated into law in larger and more technologically- matured jurisdictions such as the United States, the United Kingdom, Canada, Australia, Japan and even in a small country like Singapore.
• • Cyberstalking has become a concern that has translated into law in larger jurisdictions with more matured technological infrastructure such as the United States, the United Kingdom, Canada, Australia and Japan.
• • These provisions are of limited help specifically to stalking cases as they are limited in scope. For instance, they require face-to-face communications or physical proximity. They also require a heightened level of threat due to the physical closeness of the parties. The words or behaviour have to be “threatening, abusive or insulting” which does not take into account the type of conduct that can be perpetrated in stalking cases, including those that are active such as gift giving28 and electronic communications, or passive acts such as physical or electronic surveillance. They also relate to direct rather than indirect means of harassment. Section 13A requires specific intent “to cause harassment, alarm or distress to another person”, which a delusional or mentally unstable stalker may not possess. Finally, the penalty of a fine of a maximum of $5.000 is hardly adequate deterrence or punishment to stalkers, most of whom are motivated by other than pecuniary goals or act out of emotional wants rather than for rational reasons or by logic.
• • Cyberstalking can loosely be defined as threatening behavior or unwanted advances directed at another using the Internet and other forms of modern online electronic communications technology.30 It is a new method of stalking, which in turn is a form of harassment. Cyberstalkers use computers, cell phones, fax machines and other electronic or digital devices to track and pursue their victims.31 Cyberstalkers are also increasingly sophisticated and can use such diverse technology as global positioning systems (GPS), hidden cameras and malware or spyware.32 Their motives are just as diverse.
• • Taking into account the policy considerations and legislative prototypes that have been canvassed, I come to the following conclusions. For an anti-cyberstalking law to be effective, it should:
    1. Constitute a criminal offence but the courts should be given the power to use impose both criminal and civil measures as appropriate. As a specie of stalking, anti-cyberstalking should be part of an updated stalking or harassment legislation, albeit an integral part; and the new challenges offered by cyberstalking must be addressed.
    2. Address both actual behaviour and the threat thereof in whatever form, including through electronic and other information and communication devices. Hence, there should be online and offline consistency of treatment,99 and the provision should be technologically neutral. Any physical proximity or a credible threat requirement will not be practical and can be ineffective in prosecuting certain cyberstalkers depending on the modus operandi.
    3. The method of directing acts at the victim and at persons close to the victim which are meant to have an effect on the victim, must take into account and include new and innovative methods of stalking in cyberspace such as the use of automatic non-human agents or third party action through the use of computer software, impersonation and instigation of third parties.
    4. Require a sufficiently anti-social behaviour directed at the victim by the perpetrator.100 The motive or ability to carry out a threat or follow up on behaviour directed at the victim are not prerequisites as we are dealing with the effects on, and seeking to protect, the reasonable victim’s state of mind based on a factual determination of what is socially acceptable behaviour directed at him.

  • 5. Put into the legal equation the actual and potential effects on the victim by requiring the actual or constructive knowledge of the alleged stalker (i.e. “knows or should reasonably know”) that his or her words or actions will cause (serious) annoyance, alarm, fear or mental distress (based on an objective assessment).101
    6. Require that the acts either did cause the victim harm, injury or death; or will cause a reasonable person (serious) annoyance, alarm, fear or mental distress (based on the same objective test) under the facts and circumstances of the case (which is the subjective context).102 This is an objective test based on and applied to the subjective facts and circumstances of each case, which will have to be sensitively applied in order to adequately balance the needs of the individual to freedom of speech, expression and movement on the one hand, and the right of the individual to privacy, safety and security on the other.103
    7. To further establish a fair balance of rights, a gradation model for remedies and punishment should also be adopted. Also, public policy exceptions can be made for legitimate functions such as police investigations and money collection not amounting to harassment or intimidation.
• • Table 5. Scale: Continuum of Civil and Criminal Recourse and Redress
    
    http://i.imgur.com/GDcxj8V.png

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• • While digital video and multi-media technologies are becoming increasing- ly prevalent, existing privacy laws tend to focus on text-based personal records. Individuals have little recourse when concerned about infringe- ments of their privacy interests in audio, video, and multi-media files. Often people are simply unaware that video or audio records have been made. Even if they are aware ofthe existence ofthe records, they may be unaware of potential legal remedies or unable to afford legal recourse.
• • t focuses on an analysis ofthe European Union Data Protection Directive. The Directive is one ofthe most comprehensive digital age legal reforms to address information privacy. Yet even the Directive suffers from shortcomings when applied to audio, video, and multi-media records. The author argues that global law reform is needed to bring privacy law into the age of digital video and multi-media.
• • The ability of new digital devices such as cell phone cameras to transmit information wirelessly and globally raises important new chal- lenges for privacy laws. Even laws such as the European Union Data Pro- tection Directive {Directive), drafted in the mid-1990s, now seem dated.
• • This variety of formats raises new challenges for laws such as the Directive, and even for the privacy protections in the European Conven- tion on Human Rights (ECHR).
• • These provisions in- clude the Directive's definitions of personal data and data processing, as well as the available defenses under the Directive.
• • First, the Directive was aimed spe- cifically at new developments in digital technology in the 1990s that af- fected personal data and data processing capabilities with respect to that data. Secondly, the Directive is one of the more comprehensive examples of data protection legislation in the modem world. Thus, any perceived short- comings in the Directive will be instructive for friture developments in pri- vacy law in other countries.
• • Article 1(1) of the Directive sets out its key objective: "Member States shall protect the fundamental rights and freedoms of natural persons, and in particular their right to privacy with respect to the processing of per- sonal data."" The Directive is addressed to Member States, rather than citi- zens, because European Union directives operate as mandates to Member States to ensure that domestic laws comply with the requirements of the directive.
• • While personal data is defined broadly in the Directive as "any in- formation relating to an identified or identifiable natural person,"'^ the ex- tent to which this definition extends beyond text-based records is open to question.'
• • To date, there is little evidence that the European Commission's subsequent reviews of the Directive will lead to a major reworking of its provisions, particularly those relating to sound and image files.
• • he 2009 review of the Directive was more aggressive in its rec- ommendations on the future of the Directive. However, these recommenda- tions were not focused on concerns about sound and image files.
• • The 2009 Working Group report recognized the importance of on- line social network providers understanding their rights and responsibilities with respect to the "processing of sensitive data and images."
• • Facebook obviously collects, records, organizes, and stores data about its users in multiple formats—including text, audio, and video for- mats. This is made clear in an Opinion of the Article 29 Data Protection Working Party on online social networking released in June of 2009.'*
• • Capturing images by means of CCTV cameras certainly appears to amount to collection or recording of data as contemplated by the Directive's notion of processing. When the data is stored in systems con- nected to CCTV cameras, this would likely amount to storage of data under the Directive.

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• • Enforcement of digital copy- right violations are continually thwart- ed by the large population of users who participate in online file sharing and the rapid technological innova- tion that usually keeps the file-shar- ing community one-step ahead of the law (Wright, 2006). 
• • The word warez [pronounced as a single syllable as if the plural of “ware”
    as in software] is a generic term used to refer to copyrighted materials that are shared illegally over the Internet (Goldman, 2004). Taking the form of an executable file (.exe or .app) or other digitally encoded form (e.g., .mp3, .jpg, or .mpg file), warez generally consist of commercially available computer soft- ware, audio and video, video games, still pictures, as well as just about any- thing else that can be packaged and delivered over the Internet (e.g., books, pornography).
• • Current copyright laws and pending legislation attempt to protect copyright holders from those who would infringe on such rights (Butler, 2004; Goldman, 2004; Schoen, 2006). For example, the Digital Millennium Copyright Act (DMCA) adds certain additional measures to existing copyright law, in- cluding the provisions to: (a) restrict anti-circumvention technologies, (b) subpoena online infringers, and (c) no- tify and takedown infringing materials (Goldman, 2004; Ludwig, 2006). 
• • As a safeguard against disenfranchising OSPs, the four safe harbors of the DMCA include the: (a) Transitory Communications Safe Har- bor, (b) Network Storage Safe Harbor, (c) System Caching Safe Harbor, and (d) Information Location Tools Safe Harbor (2006).
• • Currently, “tens of millions of Amer- icans engage in...file sharing” (Gold- man, 2004, p. 34-35). It has proven to be an overwhelming task for “Big Con- tent” (the DMCA) to make inroads in stopping this phenomenon, due to the sheer number of people who ac- tually participate in illegal file-sharing (Cheng, 2008). 
• • Likewise, U.S. lawmakers have proven that they have neither the desire nor the human/financial resources to make criminals out of tens of millions of generally law-abiding citizens. 
• • Today, over 24 million messages are posted each week to one of more than 100,000 newsgroups, with the alt.bina- ries category of newsgroups occupying nearly 99 percent of all the data stored on Usenet servers (2006). Not surpris- ingly, this is also where most of the ille- gally-shared copyrighted materials re- side on Usenet (Ludwig, 2006; Wright, 2006).
• • Whereas Usenet is the granddaddy of all file sharing technologies, peer-to- peer file sharing (P2P) represents a rel- atively new and different form of file- swapping technology (Schoen, 2006).
• • In MGM v. Grokster, however, the Grokster tech- nology itself was targeted (2006). In the Grokster case, the question was raised as to “whether the mere existence or prominence of a product’s non-infring- ing uses could be sufficient to protect a software distributor from indirect li- ability.” 
• • Despite more than 90 percent of its network activity involving illegal file sharing, Grokster claimed its software was capable of many non-infring- ing uses, nor did it have any specific knowledge of infringing activity due to the network’s decentralized nature (2006). Ultimately, the Supreme Court found that Grokster’s advertising and business actions directly fostered copy- right infringement (2006).
• • For example, a proxim- ity query of the Google search engine using the search terms “mariah carey,” “.mp3,” and “rapidshare.com” results in 126,000 hits. While not every URL contains a link to a shared copy of one of Mariah Carey’s songs or albums, many of them do provide direct rapid- share links to her copyrighted music. In addition to music, end users of one- click hosting services share copyright- ed software, movies, video games, and pornography.
• • With monumental increases of warez available, enforcing digital copyright laws remains rife with formidable ob- stacles. Big Content, the DMCA, as well as the judiciary are seemingly thwarted by (a) the large, decentralized popula- tion of end users, (b) existing loopholes in the DMCA, as well as (c) a judiciary which is unable to keep pace with the rapid development of file sharing tech- nologies. Due to the ubiquity of file sharing in the United States, the lines that separate general law-abiding citi- zens from criminals are blurred.

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• • Radio and television stations currently pay the
    performing rights societies a royalty for playing the sound recordings, but they do not pay a performance royalty to the artists who perform the music and record companies that promote and release the sound recordings. Proposed legislation will add a performance royalty for artists and record companies to the current royalty scheme while not reducing the current royalty paid to the songwriters. 
• • Prior to 1972,i2 there was no federal statutory copyright protection for sound recordings.'^ The original reason for the lack of protection stemmed from the requirement that copyrightable material be visually perceptible.i
• • Six decades ago. Metropolitan Opera Association v. Wagner-Nichols Recorder Corp. stated that the common law "has allowed the courts to keep pace with constantly changing technological and economic aspects so as to reach just and realistic results."!'^ However, the rapid development of technology that facilitates music piracy has rendered the common law largely ineffective in protecting musical works.
• • All songs played on the radio, released on CDs, or digitally available have two distinct copyrights.21 The first copyright is for the musical work;22 the second copyright is for the sound recording.23 The musical work is the underlying lyrics and melody that combine to form the musical composition.24 The sound recording is the aural manifestation of recorded sounds by instruments and vocalists.2
• • The 1971 Sound Recording Act recognized sound recordings as "writings" deserving Copyright Protection.^o However, this recognition did not grant sound recording copyright owners the "full array" of exclusive rights that other authors enjoyed, including the public performance right.
• • At the conclusion of the analysis, the Copyright Office "adhered to the philosophy it traditionally followed to interpret its constitutional mandate; that is, that copyright legislation must ensure the necessary balance between giving authors necessary monetary incentive without limiting access to an author's works.".
• • Congress should require broadcasters to pay artist performance royalties since the National Association of Broadcasters have been unable or unwilling to reach a deal with the RIAA.

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• • The war on terror declared by the US government shortly after the terrorist attacks of September 11, 2001 includes a series of initiatives ranging from direct military action in Afghanistan to anti-terrorism legislation and federal programs aimed at strengthening homeland security. Among the latter, the PATRIOT Act seeks to deter and capture terrorists in the United States and around the world by enhancing law enforcement investigative tools,1 whereas Total Information Awareness and various other federal programs harness information and surveillance technologies to combat terrorism.
• • After September 11, a wide array of entities turned to video surveillance technology (among other security initiatives) to thwart terrorist attacks in airports, public streets and squares, and landmark locations. In tandem with demands for stricter security measures, law enforcement officials, transporta- tion agencies, city councils, and public/private partnerships installed new surveillance systems or expanded existing ones by increasing the number of cameras, integrating them with face recognition software, or putting them in new locations.
• • These developments have fuelled the surveillance/privacy debate and added to concerns about the erosion of civil liberties in the aftermath of September 11, and continue to do so. In response, law enforcement and city officials contend that they use video cameras out of their concern for public safety, and that their purpose is not to watch the public but to watch out for it.
• • Despite its new role in anti-terrorism work and increasing visibility in the public eye, video surveillance has actually been in use across the country primarily as a crime prevention tool (Nieto et al. 2002, p. 14).
• • By contrast to the rationale of public interest that animates public video surveillance, private video surveillance is generally triggered by the protection of private interests.
• • The first known deployment of video surveillance in a public setting can be traced back to Times Square in New York City in 1973, a time when urban crime rates were at their highest. Prompted by the failure of crime reduction policies of the previous decade, the New York Police Department resorted to the new prevention model, and installed cameras in Times Square. Their objective was to scan the area for crime, discourage prostitution and mugging and thus make it safer for tourists and businesses.
• • Michel Foucault’s conception of discipline as elaborated in Discipline and Punish (1977) is certainly a useful starting point. Based on the metaphor of the Panopticon, Foucault argues that through the principle of self-governance, the disciplinary society observes, retrains and renders obedient the individual instead of physical punishment.
• • xIn The Burden of Representation, John Tagg, a critical historian, discusses the photograph not as a magical force, an emanation of nature or existence, but as a material product of a cultural and historical process. Tagg tells us that the investigation of the photograph should be far from an aesthetic or phenomenological context, instead it should focus on ‘definite techniques and procedures, concrete institutions, and specific social relations
• • Inspired by Tagg’s analysis, I argue that video surveillance is too imbued with certain social and political goals, and should be investigated as an articulation of social control and power. Video surveillance is a political and normative configuration because the visual information it extracts from its targets is used as the raw material for decision-making about them.

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• • The privacy1 is one of the fundamental human rights established in to many constitutive acts, in UN Declaration of Human Rights2, the International3 Convention on Civil and Political Rights and in the Albanian Constitution.
• • According to the Albanian Constitution these international legal acts adopted by law stands above the domestic laws at the hierarchy of legal acts. 
• • In the beginning of years 60, the building of so called ―social society‖ was accompanied with the need of information. During that time big companies and public administration that possessed lot of files started to use computer systems7. Their capacity was considered as a valued and limited resource and for that reason came the idea to kept data in a place and to gave the right of access to different users. This was evaluated as the simplest way to create, administrate and up-to-date the system.
• • Council of Europe and European Union approved similar legislation and established specific institutions to protect personal data. Now about 40 countries has legislation on data protection.
• • The main features of a data protection regime on the European model include the following.
     A requirement for controllers to comply with a legislative code of practice on the proper processing of personal data, known as the ―data protection principles‖. These principles are at the heart of the substantive data protection rules. In brief, they require personal data to be processed fairly and lawfully; collected for specified purposes and not used in a way which is incompatible with those purposes; adequate, relevant, not excessive, accurate and kept up to date; kept for no longer than is necessary.
     A requirement for special safeguards for certain categories of personal data that are regarded as particularly sensitive,
     A requirement to protect personal data with an appropriate level of security.
     The right for data subjects to be able to gain access to the personal data that are held about them, and the right to have the data corrected or erased if they are wrong or being processed unlawfully.
     Restrictions on the transfer of personal data to third countries.
     An independent supervisory authority which monitors compliance with the law and enforces it.
• • Individuals often have little choice whether or not to provide the information. In some cases, providing the information is a legal requirement. In other cases, a choice is, in theory, available, since individuals are able to decide whether or not to take the service that is on offer. However, it is often not reasonable for the individuals to go without the service, if they wish to take full advantage of the benefits that society offers.
• • Wherever it comes from, the information that is collected is a potent resource for the organizations that collect it. According to the nature and amount of the information that they have, it gives them some degree of insight into the individuals‘ lives and thus the power to affect those lives.
• • Some uses of personal information are providing medical treatment or social care; keeping records of school and university students; allocating state housing; keeping records of employees; recording passengers on airplanes, managing communications systems, keeping records of suppliers and customers, etc.
• • Due to flows of data from a country to another data protection is needed to be ensure not only at national level but also at international level of protection. However, even this protection in national level is not ensured. The considerable increase of international flows of information requires international efforts to regulate the balance between free movement of information with need to protect personal data
• • In order to balance respecting of the privacy and the free movement of information beyond the Republic of Albania territory it has ratified the Council of Europe‘s Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. Republic of Albania is a member State of this Convention.
• • This law will enforce the establishment and functioning of an internal market in which, in accordance with Article 7a of the Treaty, the free movement of goods, persons, services and capital is ensured require not only that personal data should be able to flow freely from one Member State to another, but also that the fundamental rights of individuals should be safeguarded.

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• • The United States Supreme Court ruled unanimously in the case of Owasso Independent School District v. Falvo that the practice of students grading each other’s work and then calling out the marks does not violate the Family Education Rights and Privacy Act (FERPA) 1974. 
• • In a keenly awaited decision the U.S. Supreme Court ruled unanimously in the case of Owasso Independent School Dist. v. Falvo, 20021 that peer grading and pupils calling out other pupils grades/marks do not violate federal privacy laws. The case generated a great deal of concern and discussion throughout the United States since the Tenth Circuit Court of Appeals in Falvo v. Owasso Independent School District, 20002 ruled that the common practice of allowing primary school pupils to grade fellow pupils’ work and call out their marks to the teacher violated the Family Education Rights and Privacy Act 1974 (or FERPA) 20. U.S.C. Section 1232.
• • The case arose as a result of a complaint by a parent Ms. K.J. Falvo on behalf of her three pre-secondary grade children, Elizabeth, Philip and Erica Pletan who all attended school in the Owasso Independent School District of Tulsa, Oklahoma. During 1997–8 and 1998–9 Ms. Falvo complained to school counsellors and the school district superintendent that a number of her children’s teachers would sometimes allow pupils to grade each others’ assignments and tests according to the teacher’s instructions, and then have the pupils call out the marks to the teacher to be recorded in the mark book.
• • In October 1998 Ms. Falvo
• • Ms. Falvo appealed the decision to the Tenth Circuit Court of Appeals. On 31st July 2000 a three judge panel of the Court ruled unanimously that the grading practice did not violate the pupils’ constitutional right of privacy and ruled against the Fourteenth Amendment claim. The justices, in rejecting the claim, argued that a ‘party’s expectation in the privacy of speci

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• • China’s entry into the global networked society has raised considerable debate over what is derived from the development and expansion of information and communication technologies (ICTs). One of the hotly debated issues is Internet copyright piracy, which is critical to the credibility and stability of China’s membership to the global networked society. This paper examines Chinese users’ online discussion about Internet software piracy as local resistance to global copyright enforcement exercised through globalization processes.
• • Meanwhile, these resistance positions are integrated under the notion of Chinese nationalism to constitute a complete set of counter-discourses to global software copyright enforcement.
• • According to Nicol (2003), access deals with making it possible for everyone to use the Internet and other media. Meanwhile, civil liberties include ‘‘human rights such as freedom of expression, the right to privacy, the right to communicate, and intellectual property rights’’ (Nicol, 2003, p. 11).
• • Responding to repeated criticism, a series of counter-discourses have emerged in China from different stakeholders involved in the issues of software copyright and piracy, such as government, industry, organizations and individual users. Through the lens of globalization and antiglobalization movements, these counter-discourses represent local resistance points to global copyright enforcement exercised through globalization processes.
• • Among the most critical issues surrounding intellectual property rights is that of copyright as a means of protecting the legal rights granted to literary, musical and artistic works including drawings, poems, films, written publications, and software. According to the World Intellectual Property Organization (WIPO, n.d.), the original creators of works protected by copyright hold the exclusive right to use or authorize others to use the work on agreed terms. The creator of a work can prohibit or authorize the following: (1) reproduction in various forms, such as printed publication or sound recording; (2) public performance, as in a play or musical work; (3) recordings in the form of compact discs, cassettes, or videotapes; (4) broadcasting by radio, cable, or satellite; and (5) translation into other languages, orits adaptation, such as a novel into a screenplay (WIPO, n.d.). 
• • Five discussion boards were identified as sites in which the issues of software copyright and piracy were discussed extensively: IT Vision, Computer Networks, Economics, Law, and Zatan (all n.d.). Each board was surveyed using the internal search engine with the keywords of ‘‘software copyright’’ and ‘‘software piracy’’ from March 1, 1999, to June 30, 2007. The search retrieved 561 posting threads relating to discussions on software copyright and piracy.
• • Low cost and high convenience are key factors strengthening users’ perception that the Internet is a public domain where all the resources are free and can be shared by everyone (see Forester & Morrison, 1993; Freestone & Mitchell, 2004; Siegfried, 2004). Taking the position of the Internet as a public domain, software users refused to accept that the downloading of illegally copied software is stealing or an infringement on the private property of others.
• • The Software and Information Industry Association (SIIA) and Klynveld Peat Marwick Goerdeler (KPMG) (SIIA & KPMG, 2001) suggest that viewing the Internet as a public domain raises serious challenges for those companies that consider the Internet a private domain, where ownership of goods or services should be protected as strictly, if not more so, than the offline environment (see Spinello & Tavani, 2005).
• • Given the current situation that copyright enforcement has become stricter in the recent two centuries, and more biased towards copyright owners (Lessig, 2004), the collectivistic component in Chinese culture is more likely to be expressed in users’ online discussion to counteract excessive control and exploitation of software copyright owners.
• • In globalization processes, Chinese users take an ambiguous stance. On one hand, they are attracted by globalization and the materialistic benefits it imbues. These benefits are nurtured and satisfied, to some degree, by the focus on the market dimension of the current economic structure. On the other hand, piracy users are bound by their identities rooted in local economy, culture, ideology, and politics, as defined by Chinese nationalism. Accordingly, users find themselves facing a moral dilemma in which they cannot resist copyright products, but also cannot afford them, turning to piracy as a way out of the dilemma. This dilemma is based on disparity between ethical obligation and utilitarian end.

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• • Software piracy is an instance of unautho- rized duplication of information goods where laws and norms are not agreed-upon. 
• • An expanded version of Sykes and Matza’s (American Sociological Review 22, 664–670, 1957); Zamoon and Curley (Working paper, Kuwait University, Kuwait, 2007) neutralization framework is applied to analyze the content of the articles. We found that rationales condoning piracy showed a more balanced use of neutralization ap- proaches, and less moral intensity toward the behavior. In contrast, rationales condemning piracy mostly promoted the injury aspect of software piracy, and suggested higher moral intensity. 
• • The development of technologies has outpaced the development of laws and norms that regulate their acquisition and use. The unauthorized duplication of digital products is an instance of this. Digital products are information that ‘‘can be digitized – encoded as a stream of bits’’ (Shapiro and Varian, 1999), making them compact and portable. However, the unau- thorized duplication of digital products has created a gray area in the ethical landscape, where some con- done the practice as legitimate, while others condemn the practice as outright theft.
• • The research reflects this moral ambiguity as well. Advocates of digital property rights like the Business Software Alliance (BSA) argue: ‘‘Quite simply, to make or download unauthorized copies of software is to break the law,...you are committing a copy- right infringement’’ (Business Software Alliance, 2006a, p. 1). Advocates of digital property rights maintain that digital piracy costs billions of dollars in revenues, wages, jobs, and taxes for the U.S.A. alone (Business Software Alliance, 2006b). 
• • On the other side of the issue are those who question the claim of economic losses due to software piracy, arguing that it could be beneficial for a pro- ducer to allow copying for users who have a low willingness to pay (Harbaugh and Khemka, 2001; Jiang and Sarkar, 2003; Slive and Bernhardt, 1998; Takeyama, 1994).
• • The legal debate surrounding protection of soft- ware continues (e.g., Cady, 2003; Gomulkiewicz, 2002, 2003). Some believe all software is protected under copyright law and that too little protection promotes infringement. Others believe some soft- ware is not protected and that too much protection restricts innovation.
• • Software piracy involves individuals making potentially ethical decisions. Research focused on ethical decision-making has highlighted three key points. (1) Ethical decision-making relies on apply- ing principled reasoning to the question situation. (2) Ethical decision-making carries consequences for other than the decision maker (i.e., there is a social aspect). (3) Ethical decision-making will not be activated unless an individual recognizes the moral component of the situation.
• •  According to the automated search of publications, the first appearance of the term ‘‘software piracy’’ in the popular press was in the Washington Post on May 16, 1983. As the Washington Post had 3 software piracy articles or less per year between 1983 and 1989, we consider this a validation of our research timeframe. The automated search engines identified a total of 432 articles from the five newspapers. Out of those articles, 37 were discarded based on their ‘‘Information Bank Ab- stracts’’ source not matching one of the five news- papers being analyzed.
• • Graphs Charts and Tables
    
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    http://i.imgur.com/TOk7Nc6.png
    
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• • In recent years, the issue of copyright protection for intellectual properties such as computer software, music CDs, and videos has become increasingly important. It is often claimed that illegal copying of intellectual property costs companies billions of dollars in lost revenues and reduces firms' incentives to innovate. Some researchers have shown that copying can be beneficial to firms when there are strong network effects and copy- ing expands the market.
• • This is because weaker copyright protection enables firms to reduce price competition by allowing price-sensitive consumers to copy. Thus, weaker copyright protection can serve as a coordination device to reduce price compe- tition. We also examine how equilibrium copyright enforcement is affected by network externalities. In contrast to previous research, we show that strong network effects can sometimes lead to a firm choosing higher lev- els of copyright protection.
• • Illegal reproduction of intellectual properties such as computer software, books, music CDs, videos, etc. is increasingly becoming a major concern for both industry practitioners and the government. The 2005 Clobal Software Piracy Report commissioned by the Business Software Alliance estimates that 35% of soft- ware is pirated, which leads to an estimated loss of more than $31 billion to firms. Software piracy rates are as high as 92% in Vietnam and 90% in China. In the United States, piracy rates are estimated to be 21%. The study concludes that software piracy is one of the industry's worst problems. However, copying of intellectual property is not limited to software. In fact, piracy of music and movies is a major concern to the entertainment industry, and some researchers have suggested that it will lead to radical changes in the industry (Moul 2006). The losses because of music piracy alone are estimated to be more than $10 billion (Murphy 2003). With the growth of the Inter- net, piracy is becoming even more prevalent because copying of intellectual properties is becoming easier and more difficult to prevent.
• • Previous researchers have examined how piracy can affect firms' profits. In a monopoly setting, Conner and Rumelt (1991) examine the impact of copying software on firms' profits. Their models assume that copying by individuals confers a network external- ity that benefits users of the product. In other words, as the number of users (which includes people who copy the product) increases, the value that consumers place on the product increases (see Katz and Shapiro 1985 for a discussion of network externalities). Thus, some consumers are willing to pay more for the prod- uct when the product is copied.
• • We assume that noncopiers have heterogenous pref- erences. In particular, these consumers are distributed on the Hotelling line according to a continuously dif- ferentiable distribution / ( ). The reservation price that a segment 1 consumer has for the monopolist's prod- uct is given by
    
    http://i.imgur.com/fUnwf03.png
    
    where 6 is the location of the consumer, v is the base quality, and q^ is the quality improvement offered (over the base) by the firm. Note that q^ can be inter- preted as the quality of an upgrade over the initial product that the firm had when it entered the market."* We assume that consumers are aware of the quality of the product.
• • The consumer surplus that a noncopier consumer at 6 gets from buying the product 1 is given by
    
    http://i.imgur.com/kDf2IfM.png
    
    where pi is the price for product 1. We assume that a consumer buys the product as long as CS"{p-¡) > 0. Furthermore, we assume that each con- sumer only purchases one product. It is easy to see that the sales of firm 1 in this segment is given by
    
    http://i.imgur.com/Gk3nztC.png
• • We assume that there is another segment of con- sumers who could copy. These consumers find the quality of the original and the copy to be the same. We assume that the size of this segment is given by ß.^ Note that in our formulation, each consumer buys one unit. Thus the parameter ß should not be interpreted in terms of the number of customers but the size of the sale. Therefore, ß may be smaller or larger than 1.
• • The reservation price for product 1 for a consumer at 6 is given by Ri{d). Prior empirical work on copy- ing suggests that consumers who copy have, in gen- eral, a lower willingness to pay and are more price sensitive (see, for example, Cheng et al. 1997). To incorporate this in our model, we assume that
    
    
    
    
    http://i.imgur.com/Mcju21r.png
    
    
    
    
    where 0 < 5 < 1. Note that the assumption that these consumers have lower transportation costs (and therefore are more price sensitive) can be justified by the fact that, in general, piracy is inversely related to income (Cheng et al. 1997, Bagchi et al. 2006). Also, note that we are assuming that these consumers dis- count V and the transportation costs 6 by the same factor 8. In an alternative formulation, we could have
    
    
    
    
    http://i.imgur.com/XDHt8n2.png
    
    
    
    
    where S^ and ^2 are different. Our results would go through even with this alternate assumption. We make the assumption that 5j = Sj for notational sim- plicity Note that the assumption R{{e) < R^id) does not imply that all potential copiers have lower reser- vation prices than the noncopiers. For example, it is possible that Rj(O) > R"{1)- Thus the assumption only implies that on average noncopiers have higher reser- vation prices than the potential copiers.

  • As we discussed before, the parameter a, repre- sents the level of piracy in the market. Using this for- mulation, the total sales for product 1 in this segment is given by
    
    
    
    
    http://i.imgur.com/b658MNk.png
    
    
    
    
    Without any loss in generality, we assume that marginal costs for the product is zero. This assump- tion is also reasonable in the contexts that we are studying. The sequence of decision is as follows. In the first stage, the firm decides on the copyright enforcement policy. In the second stage, the firm de- cides the quality level q^. We assume that it costs firm a fixed amount kq^/2 to add quality improve- ment of q^, where fc> 0 is sufficiently large, so that the profit function is concave. After choosing the quality level, the firm sets the price in the third stage after which consumers decide whether to buy, copy, or not to use the product.
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  • • Therefore, firm l's profit function in the third stage is given by''
      
      
      
      
      http://i.imgur.com/7c0crqX.png
      
      
      
      
      The firm selects the optimal p* and then selects q* by maximizing
      
      
      
      
      http://i.imgur.com/lip4pRU.png
      
      
      
      
      Finally, the firm decides on the optimal copyright protection level by choosing a^ to maximize n,,(a,). In general, a firm would incur some costs to reduce piracy This could lead to firms choosing less than per- fect protection. However, in this paper, we are inter- ested in examining whether a firm would prefer lower copy protection even absent such cost considerations. Therefore we assume that the cost of copyright pro- tection is almost zero. In particular, a firm would pre- fer lower copyright protection if the profits are the same at different levels of «j, absent copyright protec- tion costs.^ The main insights of the paper continue to hold in the case where copyright protection costs are significant (see discussion on p. 18 and footnote 18).
• • Graphs
    
    http://i.imgur.com/GUjsoJM.png
    
    http://i.imgur.com/FhN5WT1.png

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• • Today, the combination of news information on the Internet coupled with the ease and access of posting news information and blog commentary has fundamentally challenged the economic business model for newspaper and magazine production on a worldwide basis. This paper will look at the state of the newspaper industry and will consider the role of the Internet (and digital media) as both a major cause of the problems now faced by today's newspaper industry as well as its potential solution.
• • In his book, Megatrends, author John Naisbitt (1982) said that the problem with the 19th century train industry was a failure to ask the question; what business are you really in? Naisbitt contends that many industrialists at the time incorrectly saw themselves in the train business rather than the future of transportation. 
• • The lessons of business history have taught us that there is no such
    thing as a static market. There are no guarantees of continued business
    success for companies regardless of the field of endeavor. Economist
    Joseph chumpeter (1942) introduced the principal of creative
    destruction as a way to describe the disruptive process that accompanies
    the work of the entrepreneur and the consequences of innovation. In
    time, companies that once revolutionized and dominated select markets
    give way to rivals who are able to introduce improved product designs,
    offer substitute products and/or lower manufacturing costs. 
• • Starting in 2008, the world's newspaper industry entered into an unprecedented period of decline. 
• • A number of media research studies and authors have identified five major causes. They include:
    • The availability of good substitutes in obtaining news information
    • The loss of advertising dollars due to information available on the Internet
    • A change in readership demographics among younger audiences
    • The high cost of newspaper production and distribution
    • The failure to fully appreciate the importance of digital lifestyle (Levy & Nielsen, 2010; alaverria, 2010).
• • Innovation can be defined as "an idea, practice or object that is perceived as new by an individual." (Rogers, 1995 p. 11). In principle, there are two kinds of innovation; namely, sustaining technologies versus disruptive technologies. 
• • The goal is to improve on an existing technology by adding new and enhanced feature elements (Christensen, 1997). In contrast, a disruptive technology represents an altogether different approach to an existing product design and process. A disruptive technology redefines the playing field by introducing to the marketplace a unique value proposition. 
• • Table on Disruptive Communication and Information Technology: Challenges and Solutions.
    
    http://i.imgur.com/1VCnzHd.png
• • Innovation is important because it creates lasting advantage for a company or organization. It allows a business to prepare the groundwork for the future as well as improve on its existing product line. uccessful innovation occurs when it meets one or more of the following conditions. First, the innovation is based on a novel principle that challenges management orthodoxy. econd, the innovation is systemic; that is, it involves a range of processes and methods. Third, the innovation is part of an on-going commitment to develop new and enhanced products and services. There is natural progression in product design and development (Hamel, 2006). Table 2. provides a clear illustration of these principles.
    
    http://i.imgur.com/FuvkIYa.png
• • For communication scholars, the word convergence is a fairly elastic term that has come to mean different things depending on time, application and context. There are a number of driving forces that focus public attention on the issue, including the digitalization of media and information technology, worldwide deregulation trends, changes in technology (most notably the Internet), merger and acquisition activities, and the search for new market opportunities.
    While the term convergence may be elastic, it shoulders an important responsibility in helping to explain the ramifications of business enterprises and technologies that are jointly linked together. 
• • In particular, are issues pertaining to cross-media ownership; that is, owning a combination of news, entertainment and enhanced information services. This is the strategy employed by such major media companies as Time Warner, Viacom and News Corp. Cross-media ownership allows for a variety of efficiencies, including:
    
    -Cross-licensing and marketing opportunities between company owned media.
    -The sharing of newsgathering, printing and distribution facilities between company owned media properties.
    -Controlling both the hardware and software applications on various kinds of media platforms (smart phones, laptops etc.)
    -Offering clients package discounts in advertising that cut across different media platforms.
• • Newspapers, today, still adhere to news delivery methods that are
    th
    more typically associated with early 20 century practices; specifically,
    the newspaper carrier and the newspaper stand. Digital publishing releases the publisher / owner from the fixed costs associated with the publication and delivery of news. pecifically, it levels the news delivery playing field by offering the same economy of scale advantages usually associated with the broadcast and cable television industries. 
• • In 2012, Apple dominated the business of computer tablet manufacturing by claiming an estimated 61.4% international market share. This was followed by the Google Android system used by amsung (Galaxy), Amazon (Kindle) and the Barnes and Noble (Nook) which captured a combined 31.9% of international market share (Gartner Inc., 2012). This is expected to change in the years to come. The Gartner Group projects that by 2016, Google and Microsoft Windows will have increased their international market share to 37% and 12% respectively. ( e e Table 3.).
    
    http://i.imgur.com/3o4mhyo.png

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• • As long as scientists discuss scientific problems and communicate with each other, scholarly communication is an essential part of scientific activities. In the very ancient time the scholarly communication was only an oral tradition, a face to face communication. Later on, the written form of communication has taken place. Since the invention of movable printing types by Gutenberg the scholarly communication was preferable in written and printed form.
• • In the future the tra- ditional printed book information for scientific communication will be replaced by problem solving portals with all electronic and digital tools.
• • Within living memory, scientists have always been communicating and exchanging ideas, thoughts and hypotheses as well as their scientific results. In antiquity,scholarly communication1 was synchronous, and manifested itself as human-to- human (face-to-face) interaction.2
    However, already more than 2,000 years ago in ancient Greece, the first fundamental dispute about the most desirable form of scholarly communication took place. While Plato, as an advocate of synchronous communication, strictly opposed to written forms of scholarly discourse, Aristotle expected considerable benefits from the textualization of science.
• • Scholarly communication and libraries are mutually dependent. That is why the new, emerging paradigm shift from the communication via books to communicating digitally is of fundamental importance for both science and libraries. We are now only beginning to understand and to model the consequences of this development. Today, dynamic documents are being created in the process of scholarly knowledge production, and these documents have a great impact on the way knowledge is produced, stored, and made accessible.
• • We have only just begun to understand how dynamic documents may revolutionize scientific results and their concretion in the form of scholarly publications, e.g. by allowing the simultaneous creation, distribution and discussion of ideas in ‘real-time’. This is a dramatic change that also entails consequences for libraries: The acquisition, preservation and content analysis of our scientific heritage can no longer be modelled on the attributes of static documents. We need new concepts for a new scientific reality.
• • The Development of Scientific Communication Up to the Present
    
    http://i.imgur.com/RebQfTA.png
    
    The development of scholarly communication is closely connected to the history of academies in Europe since antiquity. The very first of these is thought to be the academy founded by Plato, 385 BC.7 It served the sole purpose of educating philosophers. Oral (Socratic) dialogues were the dominant form of scholarly communication, alongside with disputations, lectures and exercises of a more interactive nature.8
• • The evolution of scientific journals revolutionized scholarly communication. It became possible to report about a variety of topics in a focused, concise, periodical and frequent way, without taking recourse to the long-winded process of creating a book. However, the scholarly periodical did not really begin its triumphal course until the middle of the 19th century, when the number of periodicals virtually exploded. Today, there are more than 160,000 scholarly periodicals worldwide.
    
    http://i.imgur.com/QoRtMPV.png
    
    These three phases also mirror a (generalized) process of how knowledge is gained by doing science. Along this ‘chain of knowledge creation’, the process of scholarly communication develops.
    
    http://i.imgur.com/ehiyI9B.png
• • At the starting point of this process, we can always find the wish to gain knowledge or insight. On the basis of an idea, a hypothesis is being developed, which is then verified or falsified according to the methods of the respective discipline. Only then, knowledge is gained, or the solution to a problem is proven to be correct. At this point, the new knowledge can be fitted into the structure of formal scholarly communication. Up to the present, science has always known this qualitative difference between informal and formal scholarly communication.
    Traditionally, only the formal end product (a monograph, a scientific article, etc.) has been considered as the proper outcome of the process of creating knowledge. Significantly, only this part of the scientific process with its formalized products was of interest to the librarian. 
• • However, during the last decade, new technological developments have been changing our idea of scholarly communication.12 It is hardly exaggerated to call these recent developments a paradigm shift. The existence of a clear qualitative gap between informal scholarly communication and the finished, formal products of scientific work has been cast into doubt. Gradual shades have been replacing what once was a steep divide.
    Furthermore, for some scientific disciplines, finding scientific ideas does no longer take place among an inner circle of colleagues in a laboratory or institute, but will increasingly be negotiated in public ‘marketplaces’. In the hypermedium internet, almost the whole chain of knowledge creation can be discussed in a great number of delimited, but very often freely accessible communities, and on a variety of platforms; ‘publishing’ thus obtains a new meaning.
• • Today, scientific communication is characterized by an increasing dissolution of the hitherto well-defined boundaries between informal and formal communication, and by a considerable heterogeneity and complexity of media used by formal scholarly communication.
• • Today, already in the early phases of the ‘knowledge chain’, the scientific community is being integrated into the discussion and evaluation of first results. Communication software makes it possible to integrate locally disperse researchers and research groups. Ideas are being generated in chat rooms via virtual discourse. Scientific preprints are being reviewed publicly, thus narrowing the qualitative gap that formerly existed between a preprint and the final publication. 
• • With local computers, virtual collaboration and Open Access, a new method of scientific work has become available for scientists.
    
    http://i.imgur.com/f8E1MGQ.png

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• • Twenty-five years ago, when Belk (1988) presented the concept of the extended self, there were already personal computers. But there were no web pages, online games, search engines, virtual worlds, social media, Internet, e-mail, smart phones, MP-3 players, or digital cameras. Today, with these and other digital technologies, the possibilities for self-ex- tension have never been so extensive. 
• • This conceptualization begins with a brief review of the original formulation of the extended self. Five changes emerging from our current digital age are then presented: (1) Dematerialization, (2) Reembodiment, (3) Sharing, (4) Co-construction of Self, and (5) Distributed Memory. These changes are assessed in terms of implications for our understanding of the self, the nature of possessions, and our relationships with things in a digital world.
• • Drawing on James, Simmel, Fromm, Csikszentmihalyi, and many others, Belk (1988) posited that “knowingly or unknowingly, intentionally or unintentionally, we regard our possessions as parts of ourselves” (139). The article posited an individual self with an inner core self as well as aggregate selves ranging from family to neighborhood to nation. Enhancing these self constructions are various possessions, which are regarded by their owners as having different degrees of centrality to one or more of their in- dividual or aggregate senses of self. The focus on posses- sions rather than brands highlighted the singularity of our relation with objects once they are separated from their commodity origins. 
• • Among the important points here are that the self is seen as embodied (i.e., not merely thoughts) and that material things (i.e., objects in the noun categories) most clearly make up the extended self. 
• • In the five sections that follow, I first present major changes that are taking place due to each digital phenomenon, then follow with discussion of the updates needed to the concepts of self and possessions in order to accommodate these changes. Table 1 offers a summary of these updates. 
• • Things are disappearing right before our eyes. The first of five areas of change in a digital world is the demater- ialization of many of our possessions. Today our informa- tion, communications, photos, videos, music, calculations, messages, “written” words, and data are now largely invis- ible and immaterial until we choose to call them forth. They are composed of electronic streams of ones and zeroes that may be stored locally or in some hard to imagine cloud.
• • Not only have our possessions lost the constraints of their former physical bodies, so have we. As a famous New Yorker cartoon put it, “On the Internet, no one knows you’re a dog” (Peter Steiner, cartoonist, July 5, 1993). The first wave of digital studies—when representations of ourselves online were primarily textual messages on MOOS, MUDS, e-mails, and bulletin boards—led to forecasts that we would be emancipated from our bodies and take on whatever persona we wished (e.g., Castronova 2007; Haraway 1991; Turkle 1997). 
• • It takes only a moment of surfing the web to realize that the Internet is a cornucopia of information, entertainment, images, films, and music—mostly all free for accessing, downloading, and sharing with others. This wealth of good- ies is there in the first place because others have shared. You have no doubt shared online—if not wiki entries, mov- ies, and music (e.g., Giesler 2006), then surely manuscripts, papers, comments, vendor ratings, reviews, URLs, or inter- esting bits and pieces posted or sent to help or entertain others. 
• • Although there are single-player video games and a per- son can surf the Internet or listen to music in solitude, for the most part our digital involvements are social in nature. Our blogs invite comments, social media thrive on inter- action, and while cell phones may be decreasingly used for telephone calls and e-mails, they are increasingly used for text messaging, taking and posting photos and videos, and geo-locating to connect with others. These others increas- ingly help in constructing our individual and joint extended sense of self through an updated version of Cooley’s looking glass (Zhao 2005). 
• • Nondigital objects that form a part of the extended self are often able to provide a sense of past through their as- sociation with events and people in our lives (Belk 1991). These objects include furniture, souvenirs, photographs, re- cords, books, collections, clothing, and letters. However, in a digital world, there is a new set of devices and technologies for recording and archiving our memories. These technol- ogies allow access to an expanded archive of individual and collective autobiographical memory cues (e.g., Baumgartner 1992; Baumgartner, Sujan, and Bettman 1992), as well as links to facts like the number of planets in our solar system
• • In terms of the original formulation of the extended self (Belk 1988), we see that, with the proliferation of multiple online personas, the core self idea crumbles but the illusion of a core self remains a strong and viable concept. The ex- istence of a core self is a belief rather than a fact. In the digital world, the self is now extended into avatars, broadly construed, with which we identify strongly and which can affect our offline behavior and sense of self. Another differ- ence from the predigital age is in the extent to which we now self-disclose and confess online, transforming the once semi- private to a more public presentation of self. This is also evident in the more shared nature of the self which is now co-constructed with much more instantaneous feedback that can help affirm or modify our sense of self. 

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