Bódis Krisztián Lajos dr. History of the internetlaw

Computers & TechnologyInternet

  • Author Dr. Bódis Krisztián
  • Published August 14, 2011
  • Word count 4,145

Internetlaw basically the copyright law has evolved, however, many other branch of law mixtures thereof.

Basically, the Internet as a communication and information forum set up by legal disputes and legal relationships to allow assessment of all legislation considered. Shorter terms for a short story covers a period, since there are barely 60 years, according to today's concepts of computers. Moreover, despite the very existence of the computer because the computer itself up to the user and the manufacturer and the user, and used it to create relationships between producers of intellectual products (essentially a civil relationships - part of copyright, in part guarantee areas), but in the internetlaw is the youngest part of the media, a global computer network to regulate the legal relationships.

When the connection between multiple computers born, internetlaw was necessary. Connection between the condition used in computing "compatibility" existence, namely that the machines are technically compatible with each other.

To do this, of course, the computers needed to reduce production costs, since the era of computers electron size corresponded to a school gymnasium with the knowledge of a today pocket calculator.

However, the earliest historians of the abacus to the computer are kept. Rather, the present writer would call calculator, the abacus rather than a computer, which they consider as old as human civilization. The abacus is derived from ancient Mesopotamia, the rod is sliding objects. The advantage is that even the illiterate can count on it.

Substance over a long period of technical progress is not made until the end of the Middle Ages, when the development of precision mechanics watch’s engine similar mechanical calculators appeared. The calculator is at present known inventor Wilhelm Schickard, Blaise Pascal, Gottfried Wilhelm Leibnitz were. Machines based on a common characteristic of rotors complicated mechanical system.

The first programmable computer, making it perhaps the first computer made by Joseph Marie Jacquard. Joseph Marie Jacquard punched card loom, prepared in different ways by which the interchangeable punched cards could weave. This punched card solution for the XX. reappeared in the second half.

The 1820 Charles Babbage designs a decade difference-machine, logarithm tables. The difference machine used up until 1940.

In the ensuing years, many computer mechanical cash registers were made

While the United States of America in the 1880 census data for 500 people for 7 years-long work of aggregate, in 1890, Herman Hollerith punched card technology, the same was done in 4 weeks.

Konrad ZUSE in 1938 created the world's first electro-active binary calculator. Then, the Harvard University in 1944, created the world's first automatic computer.

The order of about 760,000 parts, and 800 km of cable was. Decimal number system used, however, compared to today's computing devices. The knowledge of it withtoday pocket calculator rivaled.

In the era of the tubes replaced relays.

The electron tube computers in a large space, lots of energy consumed, and often defective. However, size reduction of series have been launched.

Although classically the punch card and applications can be considered an intellectual product, essentially by this time in the program, namely the appearance of the application. Since then, computers were still very expensive and unique, the software did not arise as the need to protect intellectual property, and now even more motivated by the developers of the cooperation for development. In other words, prefer to split the software on each of the software were free.

Over time, reduced the size of Machines, published in the semiconductor, a transistor. The electron transistor in the task of seeing, only a much smaller size, lower power consumption. The transistor size is reduced, and finally printed in tiny sizes of other semiconductor silicon wafers together, and the establishment of the integrated circuit.

The integrated circuit, integrated circuit, there is the appearance of the structure of copyright protection. The integrated circuit is none other than miniaturization of semiconductors and printed on silitium plate. The integrated circuit, therefore, as the name suggests, the little black sillitiumhouse contains the entire circuit. Preparation of the first phase of the draw table happens in printed circuits, silicon wafers designed for spatial location, layout, structure.

As a copyright protection in accordance with changes in the Hungarian legal system, 1991. XXXIX. Act - the protection of topographies of semiconductor products - was added to the Hungarian law.

The integrated circuits have taken it to the era when more and more widely, becoming smaller in size, even for households at affordable prices can be accessed by computers. The initial, gym, computers and boxes of similar size cabinet sizes became smaller. In 2006, this technology has reached a level that roughly 1 million transistors can be on 1 cubemillimeter intergated on a printed circuit.

The PC (personal computer - PC), as its name suggests, were the first computers made for private use. The smaller size has allowed it before - although initially at a high price - becomes available to the general public as well.

The proliferation of personal computers into a new era in the history of copyright law, which only since the invention of the printing press was less evolved and less was at the center, suddenly appreciated in value.

The computers, the hardware that is necessary for the operation because of the software, which is formed by a man, intangible intellectual property. There are two types of firmware and software. Hardware belonging to the former, into the factory included intellectual products which can not be changed in certain cases. The software in the traditional sense of software, hardware independent intellectual product. There are two main types of software, operating systems and applications.

The operating system is the firmware via the hardware and the application and interpretation between users.

The application we mean any other software that the computer is used.

The copyright of the authors of creative works to ensure that their works to restrict the copying and use of a specified period of time elapsed. The copyright of the software from the appearance of a new meaning, as an elusive thing is the protected legal interests. The copyright-protected works and has had to grasp, while the software was only one series.

Are stored, the reproduction of copyrighted content using a computer much easier now than ever before. Started the copy-protection technologies. Set up both software as hardware technologies to protect copyright, but essentially they all failed. For a time were able to protect the less-skilled users of intellectual products, but each time has to be copied. Experimented with viruses, intellectual property built in copy protection, but since the supply of goods to the users of the intellectual left alone product, it was time to crack the copy protection.

The Internet itself

Development of the Internet is actually difficult to separate from the development of computer networks. Yet the history of the Internet beginning in 1960 make it. Operating principle of the Internet first arose in 1962, idea of the U.S. computer firm BBN Technologies. The BBN Technologies, then put it in today's internet operation concept, which they called the Intergalactic Computer Network.

The BBN Technologies, the U.S. Defense assisted the birth of the ARPANET / Advanced Research Projects Agency Network /, which was the first computer network, which was not the center. The center is no reason for its construction was the Cold War, that is, without the central structure has allowed the network to a loss of part of the network will continue to remain operational. In this system, a row of computers connected within the system were only nodes.

The system proved to be viable so that from 1971 onwards an increasing number of educational and research institutions linked to it, and an increasing number of nodes developed. In the same year was sent the first e-mail, which the network became so popular that from 1973 to the e-mail traffic on the network is made up of 75%. The year 1973 appeared to still use the File Transfer Protocol, which was a network protocol, which could transfer files from one computer to another. That same year, the network has become intercontinental, satellite broadcast in London also joined the network of computers.

The various networks operating within the internal network protkollai varied, so 1974 saw the release of Internet Transmission Control Program, a concept which is based on the standard used for protocol development megkeződödtt

For safety reasons in 1983, by the U.S. Defense Department for military, the ARPANET disconnected from the network MILNA own name. BBN Technologies, although it is still maintained by both the network and worked on the same technology, just e-mail obtained from one network to another. That same year, the Internet Transmission Control Program was introduced as a result of a single TCP / IP protocol as the network protocol is basically used. Today also uses the protocol of the Internet.

The same year, appears in the "name server" that allows it to so-called. "Domain" name, connect to another computer without knowing the technical availability. Since 1985 "domain" names are registered. Three years later, the IRC (Internet Relay Chat) protocol is created in the first chat.

In the 1980s, a number of similar structure to the computer network were connected to the ARPANET, until the system is lost in the name ARPANET, in 1990, and has also become available via dial-up telephone network.

In 1990, Sir Tim Berners-Lee - then still without the title of knighthood - the HTML was developed as a programming language and transport protocol, and created the first web browser. In fact, the World Wide Web ("Web") based on its existence. The creation of HTML itself, however, was not bad enough, it was the fact that the Internet access to data used in this case, the inter-university "Gopher", a system of rights to the University of Minnesota announce that from 1993 to the Gopher system may ask for royalties. Free of charge by then become the World Wide Web for an alternative to this, and quickly spread. In 1994 he published the "Opera" web browser, which is supported by the HTML language.

In the early 1990s, the business began to learn about the Internet. The multinational corporations, international organizations, repositories are rented, the details of the first search engines. Second half of the decade and the store definitely takes over the trade of the internet. In 1998 the Microsoft Windows 98 operating system was installed in built-in Web browser, and the system was optimized for the Internet access.

Dotcom bubble

The dotcom bubble in a large stock market "bubble" was. The `90s at the end of the Internet explosion of new developments in the stock market, shares of companies involved in online business have emerged. In most cases, young technology developers sold their ideas to investors, who resold the stock to the newly formed companies hopeful papers.

However, many of these companies are not lived up to expectations: Although papers have multiple spun at the stock exchange, but the companies have suffered significant losses. The dotcom bubble at the turn of 2000-2001 finally bursted. It has been shown that the new market based on companies is not quite that - big losses, - monopolize the online market, certain sectors, since the losses, investors left the market.

The dotcom bubble companies were involved in the new millennium, few survived: most of the bankrupt, others merged into a large media conglomerate, and now, following the traditional business model to generate profits.

Domain Speculation

The proliferation of Internet domain names speculators invested money. The domain name is an Internet protocol address assigned to the simplified name. The speculators bought up the simple, easy-to-remember domain names, and the larger companies, its name derived from the domain names of famous people.

These small amounts of investment later proved to be a good tradeoff, since they are the domain names of the principal amount invested much later changed hands.

The large, branded domain names of famous people's names were bought by speculators, and in trials, U.S. courts have been given the truth to the speculators.

Internetlaw?

Curtis E. A. Karnow questions the appropriateness of use of the term cyberlaw. According to the internetlaw it just does not exist independently as a "Book Rights, the newspaper right the tvlaw, the shopping centers right.

This approach may now be less acceptable when you consider the size of transactions, how the complex relationships created through the Internet. The Internet today has become such an important and unique part of our lives, whose law can not be passed using simple analogies.

The Internet is right rather young, less regulated in many areas. Of a relatively new area of law internetlaw. Branches of law, other legal institutions are taken away, other branches build. Subtracts from some other legal relationships, and regulates itself. Often unregulated, the law builds on the analogy, when you try to arrange an unregulated conditions of life. The legislative bodies of law to respond to changes in latency compared to the legislation, a large scope for self-regulation and deregulation.

In the case of law enforcement for the first issue of jurisdiction. There is any dispute about the procedural law of the Internet, in relation to case law.

The Internet is fundamentally international, the states located above the law. The customary law of self-regulation is a general rule, however, it becomes a little more often. The Internet is not really tied to the facts relevant to jurisdiction. Basically, the personal principle applies even in the approach of expediency, that the State authorities to act, in which the alleged injured party resides or where the procedure is commenced. This reflects the principle of equal rights along with the applicable domestic law, the use of the content depends on the location. The reporting server location, the State is organized to act. Of course, these general rules, and by no means mandatory. The importance of public-policy clause is strengthened for the Internet. The Internet is generated by the meeting of cultures and the resulting multitude of conflicts. These conflicts are sometimes conflicts between legal systems as well, because while one of the state conduct a crime under the laws of another state under the laws of permissible behavior. A good example of the Prophet Mohammed in the Danish caricature series. Although the cartoons have appeared in newspapers are not online, the legal relevance of this story is just that much more clearly linked to the publication of the Danish legal system. While the liberal freedom of expression within the Danish legal system by the cartoons of the Muslim world, it is also punishable with death, who depicted the Prophet Mohammed.

Thus the problem of jurisdiction since the internationalization of the Internet problem, and each country's different law will be a problem for long time

The World Wide Web since the appearance of the so-called.hyperlinks, that is difficult to determine accurately due to references to the Internet content is stored in a given geographical location. It is possible that the content is not in the country is located where it is framing the home. This is a problem since the release of the World Wide Web presence.

The age of self-regulation

Customary self-regulation of the Internet. Both the substantive law of self-regulation by the unregulated and regulated in the territories from the beginning. The Internet's oldest law. At the time, has evolved, even when a relatively small number of users because of the very effective self-regulation and severe penalties meant as an online social exclusion successfully happened. In fact, the structure of the system of self-regulation is done properly and done, or because the owner / operator of self-regulation of the rights that arise from representing the administrator of special powers, or democratically chosen by the user administrator to represent the common will.

The multinational corporations, and the appearance of profit orientation, the number of users increases, the self-regulation is becoming less effective, but still living customary law on the Internet. The change appeared in the major economic importance in transactions on the Internet, self-regulation has become a little at a time when the Internet only as an intermediary in this forum was a real transaction. The State's intervention was necessary.

Government regulation in early

State regulation of the Internet in the mid 90’s typical. The profit and the crowd almost every appearance, the Internet area of law required a legal response. New legislation has been outdated by then the rules of copyright, instead of the criminal law began to filter through to the major criminal offenses, are regulated in the distance between the contracts, the trade in e-shops, and many other rule, which is due to speak today about internetlaw.

Peer to peer, and the Napster case

The previously mentioned FTP (File Transfer Protocol) is relatively easily controlled through file-sharing as a central computer for storage, FTP server through a file-sharing. The obvious copyright infringement committed by the operator of the server, eliminating the center of the system is terminated.

The file-sharing, peer-to-peer systems in the late 1990s, have appeared, and the allocation of liability was the aim. Collective infringement of the copyright law of mass actions may be assessed against the idea, which basically follows the decentralization of the Internet. In essence, the central computer can not store the infringing content, the content offering based on searches, and search content helps the relationship between individual users, through copyright infringing content is not flowing. The offending content, the user for the user, peer to peer reaches. This copyright infringement and to stop penalizing the attempt to complicate the work of state bodies, because of copyright infringement liability devolves to the weight of individual users. The users of file-sharing systems have to offer any content for other users, this is a conditional access system. The content exchange can choose the content offered by others.

Setter of the American Association in late 1999 brought the Napster peer-to-peer application called establishing the same name against the company. The infamous trial and a great advertisement for the application votl, the number of users multiplied. Condemned in the court of first instance, with Napster, which was appealed to Napster. Meanwhile, major universities in the United States banned the use of Napster. The appellate court in 2001, was unfounded in the first instance verdict and the Court ordered a new procedure. However, it is justified in the first instance, ruling that the provision in which the system was imposed by the abolition or restriction. The appellate court's decision in the Napster service had ceased, then began to negotiate with the labels. As a result, has already been paid compensation for the data traffic, and downloads, the advance royalties in the future. Then the free Napster service be fee was previously, and by 2002 had lost most of the users, will soon be bankrupt him.

The number after the Napster file-sharing peer-to-peer network is also widespread. To date, these are by far the lmost sucessfull Bittorrent. The bankruptcy at the same time Napster was developed by Bram Cohen, BitTorrent protocol, and founded his own company, BitTorrent. The BitTorrent protocol is a peer-to-peer system, however, the operation of the Napster different. BitTorrent is a "torrent" file extension, file it works. This file does not contain any illegal content, download files containing information about, or the so-called. "Tracker" that is central monitoring computer that contains the server availability. The task tracker that the torrent users to exchange data exchange, the exchange of infringing content is not involved. Functioning of the torrent file to the user in any way, the torrent file itself is not infringing content. The torrent file contains information about the user based on the Bittorrent installed on your PC or compatible application is linked by a tracking server, which is available on a stock exchange of stocks or other interested user access (Internet Protocol address). Then, the user is connected directly to other users, and the start of the stock exchange directly.

The authors of the defenders and of course publishers have taken steps against the network. The tracking server tried to take action against, or users of the BitTorrent internetszolgáltatóihoz wrote letters trying to deter the electronic Bittorrent users, and tried to BitTorrent content "poisoning" is.

The latter method means that the fake copies of copyrighted content was published, and copyrighted content on a real network when they are connected, they are disturbing, filled with false data packets. Although this occasionally broke the letöltőknek discouraged, but did not achieve real results.

Bittorrent the company itself, at the head Cohennel, declined the responsibility, and in 2005 his own company's tracking server removed all infringing copyright tartalomcserét. BitTorrent is different from other file-sharing network that has no central search function, so it is not possible to search for filenames based on the user specific way to obtain the necessary torrent file. The torrent file contains the corresponding tracking server is available, and is tracking the offending content server is often the case in a jurisdiction under which the copyright protection of performers can not be reserved for legal action. BitTorrent is still the most popular and most widely used peer-to-peer file-sharing program, which still seems to beat the capitalist, interested companies under copyright law. This victory, however, possible that the Internet holds the reform only.

Open source - a closed source code, software types

The software / application, depending on the maker of the will may be open or closed source. It means that your application's source code published by the maker of open source event, closed source is not published. Open source is typical of the Internet start-up period, while the profit-making enterprises in the era of closed source code. The source code of the application instructions in the list, which is written in a programming language. The application called complier it into executable applications.

Therefore the application's creator has the right to withhold the source code, in this case to give up that others use to correct mistakes, and provide fewer rights users, or you can publish the source code, and declared it an open-source software. Open source does not mean that the application would be free software. While the free software implies the possibility to everybody to copy and modify (this is a prerequisite for access to the source code), the open-source code is a bit different meaning.

The open source code was established in 1998 by Open Source Initiative, gives the following rights (OSD, Open Source Definicitons words):

  • Free to distribute

  • The availability of source code

  • Enable creation of derivative works

  • The author's source code to ensure the integrity

  • Prohibition of discrimination against individuals or groups

  • Prohibition of discrimination in different fields of

  • The license terjeszhetősége

  • The license does not relate solely to a product, the license must not restrict other software

Actually, the source publication, the author does not give unconditional consent to all the above rights. Open source is a technical publication in the open source code, which could mean no rights under the Open Source Initiative. To do this, the author's express consent be needed, how to become a free software as well.

The software is free but not identical to the concept of freeware. The notion of PC-Talk freeware application to emergence, was originally a registered trademark.

Today is a freeware proprietary software does, which is free of charge. Not the same as free software, because free to modify, and source code available.

The opposite of commercial software, freeware and commercial software can be used to purchase the event.

The shareware available for free, but only a limited time, function or distribution, own or use software. The shareware software restrictions is usually the full commercial version can be unlocked by purchasing.

The adware free, copyrighted software that's free, but for one reason or advertising displays to the user or the user's end-user adoption of the Treaty is to contribute to the application to collect information about consumer habits, and they send a creator, who use them for commercial purposes. The spyware is different from that of whether the user wanted to know, and often is installed without the computer, and use its resources or its own purposes, or collects data in the above-mentioned purposes.

A spyware is a type of malicious software. The malicious software is software that was developed specifically to do harm to your computer. The virus, worm and Trojan horse of different types are also covered. Malicious program is known.

The different types of viruses have been present from the beginning of the appearance of computers. Each era had its own computer viruses. During the development of technical tools and the software changes the virus is becoming obsolete, inoperative.

Especially in the early era of computing was characterized by a benign virus. They pointed out some problem, or just good spirits were detected in the system. Relatively less malicious virus occurred at the time.

At this time they pass the test, a test of preparedness was the virus protection, the competition was designed to better be able to write a virus.

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