Liability for Copyright Infringements on the Internet: Host Providers (Content Providers) - The Geman Approach

Copyright infringements on the Internet affect all types of media which can be used online: films, computer games, audio books, music, software, etc. For example, according to German studies, 90% of all copyright violations affecting film works take place on the Internet. This storage space is made available to such infringers, as well as to others whose intentions are legal, by hosting providers. To what extent do hosting providers have a duty of care for their contribution to the copyright infringements of third parties, i.e. their users? What duties of care can be reasonably expected of hosting providers to prevent such infringements? These questions have been heavily debated in Germany, and German courts have developed extensive case law. This article seeks to examine these questions by assessing German jurisprudence against its EU law background.

User Created Content in Virtual Worlds and Cultural Diversity

User created content (UCC) has often been celebrated as a grassroots cultural revolution that as a genuine expression of creativity, localism and non-commercialism can arguably also cater for a sustainable culturally diverse environment. The present article puts these claims under scrutiny and in a more differentiated manner seeks to identify the value of UCC within digital game environments considering the constraints upon players and upon creative play that these impose. The article subsequently tests whether UCC in its dynamic sense of a creative and communicative process can be seen as a channel for the promotion of cultural diversity and if so, what the State should (and could) do about this.

Misunderstanding Creativity : User Created Content in Virtual Worlds and its Constraints by Code and Law

Virtual worlds have moved from being a geek topic to one of mainstream academic interest. This transition is contingent not only on the augmented economic, societal and cultural value of these virtual realities and their effect upon real life but also on their convenience as fields for experimentation, for testing models and paradigms. User creation is however not something that has been transplanted from the real to the virtual world but a phenomenon and a dynamic process that happens from within and is defined through complex relationships between commercial and non-commercial, commodified and not commodified, individual and of the community, amateur and professional, art and not art. Accounting for this complex environment, the present paper explores user created content in virtual worlds, its dimensions and value and above all, its constraints by code and law. It puts forward suggestions for better understanding and harnessing this creativity.

A Method for Developing Ontologies from User-Generated Classication Systems

Abstract Web 2.0 applications enabled users to classify information resources using their own vocabularies. The bottom-up nature of these user-generated classification systems have turned them into interesting knowledge sources, since they provide a rich terminology generated by potentially large user communities. Previous research has shown that it is possible to elicit some emergent semantics from the aggregation of individual classifications in these systems. However the generation of ontologies from them is still an open research problem. In this thesis we address the problem of how to tap into user-generated classification systems for building domain ontologies. Our objective is to design a method to develop domain ontologies from user-generated classifications systems. To do so, we rely on ontologies in the Web of Data to formalize the semantics of the knowledge collected from the classification system. Current ontology development methodologies have recognized the importance of reusing knowledge from existing resources. Thus, our work is framed within the NeOn methodology scenario for building ontologies by reusing and reengineering non-ontological resources. The main contributions of this work are: An integrated method to develop ontologies from user-generated classification systems. With this method we extract a domain terminology from the classification system and then we formalize the semantics of this terminology by reusing ontologies in the Web of Data. Identification and adaptation of existing techniques for implementing the activities in the method so that they can fulfill the requirements of each activity. A novel study about emerging semantics in user-generated lists. Resumen La web 2.0 permitió a los usuarios clasificar recursos de información usando su propio vocabulario. Estos sistemas de clasificación generados por usuarios son recursos interesantes para la extracción de conocimiento debido principalmente a que proveen una extensa terminología generada por grandes comunidades de usuarios. Se ha demostrado en investigaciones previas que es posible obtener una semántica emergente de estos sistemas. Sin embargo la generación de ontologías a partir de ellos es todavía un problema de investigación abierto. Esta tesis trata el problema de cómo aprovechar los sistemas de clasificación generados por usuarios en la construcción de ontologías de dominio. Así el objetivo de la tesis es diseñar un método para desarrollar ontologías de dominio a partir de sistemas de clasificación generados por usuarios. El método propuesto reutiliza conceptualizaciones existentes en ontologías publicadas en la Web de Datos para formalizar la semántica del conocimiento que se extrae del sistema de clasificación. Por tanto, este trabajo está enmarcado dentro del escenario para desarrollar ontologías mediante la reutilización y reingeniería de recursos no ontológicos que se ha definido en la Metodología NeOn. Las principales contribuciones de este trabajo son: Un método integrado para desarrollar una ontología de dominio a partir de sistemas de clasificación generados por usuarios. En este método se extrae una terminología de dominio del sistema de clasificación y posteriormente se formaliza su semántica reutilizando ontologías en la Web de Datos. La identificación y adaptación de un conjunto de técnicas para implementar las actividades propuestas en el método de tal manera que puedan cumplir automáticamente los requerimientos de cada actividad. Un novedoso estudio acerca de la semántica emergente en las listas generadas por usuarios en la Web.

Dynamic Social and Media Content Syndication for Second Screen

Social networking apps, sites and technologies offer a wide range of opportunities for businesses and developers to exploit the vast amount of information and user-generated content produced through social networking. In addition, the notion of second screen TV usage appears more influential than ever, with viewers continuously seeking further information and deeper engagement while watching their favourite movies or TV shows. In this work, the authors present SAM, an innovative platform that combines social media, content syndication and targets second screen usage to enhance media content provisioning, renovate the interaction with end-users and enrich their experience. SAM incorporates modern technologies and novel features in the areas of content management, dynamic social media, social mining, semantic annotation and multi-device representation to facilitate an advanced business environment for broadcasters, content and metadata providers, and editors to better exploit their assets and increase their revenues.

The economies within an online social network market : A case study of Ravelry

The capacity of the internet to handle micro-transactions and to cater to niche markets is a boon for some areas of the creative industries, which have always been associated with smallscale micro business activities. This paper looks at the specific case of the specialist Social Networking Site Ravelry: a site for knitters, crocheters, spinners and dyers. It traces the interactions between amateurs and professionals through the emergence of social networking sites. An analytic framework of social network markets (see Potts, Cunningham, Hartley and Omerod, 2008) is employed to allow for the inclusion of amateur, social, semi-professional,professional and institutional actors within a networked sphere of activity, rather than excluding some of these actors as outside of recognised value-production. The reliance on social networks to determine the economic success of design, production and consumption is exemplified in this small scale example. This paper eschews the dichotomy of commercial and non-commercial by bringing to the fore the hybridity of this site where financial and social economies co-exist.

The entrepreneurial vlogger : participatory culture beyond the professional-amateur divide

In this chapter, we frame YouTube as an example of “co-creative” culture – whatever YouTube is, it is produced dynamically (that is, as an ongoing process, over time) as a result of many interconnected instances of participation, by many different people. In order to understand these co-creative relationships, it is important not to focus exclusively on how the “ordinary consumer” or “amateur producer,” are participating in YouTube; rather, we argue it is necessary to include the activities of “traditional media” companies and media professionals, and more importantly, the new models of media entrepreneurialism that are grounded in YouTube’s “grassroots” culture. Hence, this chapter focuses the role that “YouTube stars” – highly visible and successful “homegrown” performers and producers – play in modelling and negotiating these co-creative relationships within the context of YouTube’s social network; and the new models of entrepreneurship within participatory culture that they represent.

Legal aspects of Web 2.0 activities : management of legal risk associated with use of YouTube, MySpace and Second Life

This Report, prepared for Smart Service Queensland (“SSQ”), addresses legal issues, areas of risk and other factors associated with activities conducted on three popular online platforms—YouTube, MySpace and Second Life (which are referred to throughout this Report as the “Platforms”). The Platforms exemplify online participatory spaces and behaviours, including blogging and networking, multimedia sharing, and immersive virtual environments.

Asia and the Commons : case studies 2008

A collection of case studies of individuals and organisations utilising open models in the Asia Pacific and associated regions. The case studies represent activities in nine countries, broader regions such as the Arab nations, and global efforts towards sustainability and social justice, revealing creative ways of participating in the commons. Featured are remix artists, performers, open source software programmers, film makers, collecting institutions and publishing houses focused on democracy and change, who demonstrate a diverse set of motivations to engage with the shared ideals of openness and community collaboration.

Community engagement for sustainable urban futures : editorial preface

This special issue of Futures is concerned with community engagement strategies that help to inform medium and long-term futures studies in order to foster sustainable urban environments. Recent special issues of Futures, such as Human Extinction (41:10) and Utopian Thought (41:4), reflect the increasing significance of sustainability issues, which is why we present another crucial component of sustainability, community engagement. Responding to futurists’ long term concerns about climate change outlined in Futures 41(9) [1], Stevenson concluded that we can no longer support infinite growth, and that our goal should be to reshape the economy to let us live within our means. In the face of the continued and accelerated crisis in environmental, economic and social sustainability, a number of trends informed our call for papers on the possible role of community engagement in contributing to enhanced urban sustainability: • Changes in the public sphere in terms of participation, online deliberation systems, polity of urban futures; • The possible use of user-generated content for urban planning (paralleling the rise of user generated content elsewhere); • The related role of social networking, collective and civic intelligence, and crowd- sourcing in urban futures; • The rise of technologies such as wireless Internet and mobile applications, and the impact of neogeography, simulations and 3D virtual environments that reproduce and analyse complex social phenomena and city systems in urban futures, design and planning.

New media services : ratings and recommendations websites in the travel and tourism industry

The travel and hospitality industry is one which relies especially crucially on word of mouth, both at the level of overall destinations (Australia, Queensland, Brisbane) and at the level of travellers’ individual choices of hotels, restaurants, sights during their trips. The provision of such word-of-mouth information has been revolutionised over the past decade by the rise of community-based Websites which allow their users to share information about their past and future trips and advise one another on what to do or what to avoid during their travels. Indeed, the impact of such user-generated reviews, ratings, and recommendations sites has been such that established commercial travel advisory publishers such as Lonely Planet have experienced a pronounced downturn in sales ¬– unless they have managed to develop their own ways of incorporating user feedback and contributions into their publications. This report examines the overall significance of ratings and recommendation sites to the travel industry, and explores the community, structural, and business models of a selection of relevant ratings and recommendations sites. We identify a range of approaches which are appropriate to the respective target markets and business aims of these organisations, and conclude that there remain significant opportunities for further operators especially if they aim to cater for communities which are not yet appropriately served by specific existing sites. Additionally, we also point to the increasing importance of connecting stand-alone ratings and recommendations sites with general social media spaces like Facebook, Twitter, and LinkedIn, and of providing mobile interfaces which enable users to provide updates and ratings directly from the locations they happen to be visiting. In this report, we profile the following sites: * TripAdvisor, the international market leader for travel ratings and recommendations sites, with a membership of some 11 million users; * IgoUgo, the other leading site in this field, which aims to distinguish itself from the market leader by emphasising the quality of its content; * Zagat, a long-established publisher of restaurant guides which has translated its crowdsourcing model from the offline to the online world; * Lonely Planet’s Thorn Tree site, which attempts to respond to the rise of these travel communities by similarly harnessing user-generated content; * Stayz, which attempts to enhance its accommodation search and booking services by incorporating ratings and reviews functionality; and * BigVillage, an Australian-based site attempting to cater for a particularly discerning niche of travellers; * Dopplr, which connects travel and social networking in a bid to pursue the lucrative market of frequent and business travellers; * Foursquare, which builds on its mobile application to generate a steady stream of ‘check-ins’ and recommendations for hospitality and other services around the world; * Suite 101, which uses a revenue-sharing model to encourage freelance writers to contribute travel writing (amongst other genres of writing); * Yelp, the global leader in general user-generated product review and recommendation services. In combination, these profiles provide an overview of current developments in the travel ratings and recommendations space (and beyond), and offer an outlook for further possibilities. While no doubt affected by the global financial downturn and the reduction in travel that it has caused, travel ratings and recommendations remain important – perhaps even more so if a reduction in disposable income has resulted in consumers becoming more critical and discerning. The aggregated word of mouth from many tens of thousands of travellers which these sites provide certainly has a substantial influence on their users. Using these sites to research travel options has now become an activity which has spread well beyond the digirati. The same is true also for many other consumer industries, especially where there is a significant variety of different products available – and so, this report may also be read as a case study whose findings are able to be translated, mutatis mutandis, to purchasing decisions from household goods through consumer electronics to automobiles.

Social network market : storytelling on a Web 2.0 original literature site

This article looks at a Chinese Web 2.0 original literature site, Qidian, in order to show the coevolution of market and non-market initiatives. The analytic framework of social network markets (Potts et al., 2008) is employed to analyse the motivations of publishing original literature works online and to understand the support mechanisms of the site, which encourage readers’ willingness to pay for user-generated content. The co-existence of socio-cultural and commercial economies and their impact on the successful business model of the site are illustrated in this case. This article extends the concept of social network markets by proposing the existence of a ripple effect of social network markets through convergence between PC and mobile internet, traditional and internet publishing, and between publishing and other cultural industries. It also examines the side effects of social network markets, and the role of market and non-market strategies in addressing the issues.

YouTube

Originally launched in 2005 with a focus on user-generated content, YouTube has become the dominant platform for online video worldwide, and an important location for some of the most significant trends and controversies in the contemporary new-media environment. Throughout its very short history, it has also intersected with and been the focus of scholarly debates related to the politics, economics, and cultures of the new media—in particular, the “participatory turn” associated with “Web 2.0” business models’ partial reliance on amateur content and social networking. Given the slow pace of traditional scholarly publishing, the body of media and cultural studies literature substantively dedicated to describing and critically understanding YouTube’s texts, practices, and politics is still small, but it is growing steadily. At the same time, since its inception scholars from a wide range of disciplines and critical perspectives have found YouTube useful as a source of examples and case studies, some of which are included here; others have experimented directly with the scholarly and educational potential of the platform itself. For these reasons, although primarily based around the traditional publishing outlets for media, Internet, and cultural studies, this bibliography draws eclectically on a wide range of sources—including sources very closely associated with the web business literature and with the YouTube community itself.

Building engaged, sustainable online communities : a case study of an adventure travel website

This paper will provide an overview of a join research initiative being developed by the Queensland University of Technology in conjunction with the Australian Smart Services Cooperative Research Centre in relation to the development and analysis of online communities. The intention of this project is to initially create an exciting and innovative web space around the concept of adventure travel and then to analyse the level of user engagement to uncover possible patterns and processes that could be used in the future development of other virtual online communities. Travel websites are not a new concept and there are many successful examples currently operating and generating profit. The intention of the QUT/Smart Services CRC project is to analyse the site metrics to determine the following: what specific conditions/parameters are required to foster a growing and engaged virtual community; when does the shift occur from external moderation to a more sustainable system of self-moderation within the online community; when do users begin to take ownership of a site and take an invested interested in the content and growth of an online community; and how to retain active contributors and high-impact power users on a long-term basis. With the travel website rapidly approaching release, this paper begins the process of reflection, outlining the process undertaken and the findings so far aggregated whilst also positioning the project within the greater context of current online user participation and user generated content research.