Contingencies for Intercultural Dialogue in Virtual Space: An Empirical Research on the Role of Internet in Fostering Intercultural Competences from the Perspective of Migrant Youth

Against the background of the emerging multicultural migration society, acquisition of intercultural competences is getting vitally important for youngsters to actively and effectively engage with intercultural dialogue in a co-existent life context. Contingencies for such intercultural dialogue and to foster intercultural competences of youngsters are opened in virtual space when youth with different ethnic, social and cultural background go online. However, differences in Internet use and competences acquisition as “digital inequality” also exist among youth with different socio-cultural background. This article reports on a quantitative survey of 300 Turkish migrant youth in Germany as empirical sample about how Internet use generally fosters their intercultural competences, what differences exist among them and which indicators can explain the differences. Preliminary findings show that the contingencies of Internet in fostering intercultural competences are still not much employed and realised by Turkish migrant youth. Four online groups connected with bonding, bridging, both (bonding and bridging) and none socio-cultural networks are found out based on the cluster analysis with SPSS. These different networks, from the perspective of social cultural capital, can explain the differences concerning development of intercultural competences among them. It is indicated in this research that many Turkish migrant youth still lack recognition and capabilities to construct their intercultural social networks or relations through using Internet and further to employ the relations as intercultural social capital or social support in their life context. This therefore poses a critical implication for youth work to help migrant youth construct and reconstruct their socio-cultural networks through using Internet so as to extend social support for competences acquisition.

The International Three-Step Test. A Model Provision for EC Fair Use Legislation

The three-step test is central to the regulation of copyright limitations at the international level. Delineating the room for exemptions with abstract criteria, the three-step test is by far the most important and comprehensive basis for the introduction of national use privileges. It is an essential, flexible element in the international limitation infrastructure that allows national law makers to satisfy domestic social, cultural, and economic needs. Given the universal field of application that follows from the test’s open-ended wording, the provision creates much more breathing space than the more specific exceptions recognized in international copyright law. EC copyright legislation, however, fails to take advantage of the flexibility inherent in the three-step test. Instead of using the international provision as a means to open up the closed EC catalogue of permissible exceptions, offer sufficient breathing space for social, cultural, and economic needs, and enable EC copyright law to keep pace with the rapid development of the Internet, the Copyright Directive 2001/29/EC encourages the application of the three-step test to further restrict statutory exceptions that are often defined narrowly in national legislation anyway. In the current online environment, however, enhanced flexibility in the field of copyright limitations is indispensable. From a social and cultural perspective, the web 2.0 promotes and enhances freedom of expression and information with its advanced search engine services, interactive platforms, and various forms of user-generated content. From an economic perspective, it creates a parallel universe of traditional content providers relying on copyright protection, and emerging Internet industries whose further development depends on robust copyright limita- tions. In particular, the newcomers in the online market – social networking sites, video forums, and virtual worlds – promise a remarkable potential for economic growth that has already attracted the attention of the OECD. Against this background, the time is ripe to debate the introduction of an EC fair use doctrine on the basis of the three-step test. Otherwise, EC copyright law is likely to frustrate important opportunities for cultural, social, and economic development. To lay groundwork for the debate, the differences between the continental European and the Anglo-American approach to copyright limitations (section 1), and the specific merits of these two distinct approaches (section 2), will be discussed first. An analysis of current problems that have arisen under the present dysfunctional EC system (section 3) will then serve as a starting point for proposing an EC fair use doctrine based on the three-step test (section 4). Drawing conclusions, the international dimension of this fair use proposal will be considered (section 5).