What Is Open Source Software (OSS) and What Is Big Data?

This chapter discusses what Open Source Software is and its relationship to Big Data and how it differs from other types of software and its software development cycle. Open source software (OSS) is a type of computer software in which source code is released under a license in which the copyright holder grants users the rights to study, change, and distribute the software to anyone and for any purpose. Big Data are data sets that are so voluminous and complex that traditional data processing application software are inadequate to deal with them. Big data can be discrete or a continuous stream data and is accessible using many types of computing devices ranging from supercomputers and personal workstations to mobile devices and tablets. It is discussed how fog computing can be performed with cloud computing for visualization of Big Data. This chapter also presents a summary of additional web-based Big Data visualization software.

International Journal of KIU Volume (2) Issue (2) December 2021

International Journal of KIU is a peer-reviewed multidisciplinary open access journal published online and bi-annually in print version. The Journal provides a research platform for the researchers and practitioners in all regions of the world thus contributing new insights into current and emerging concepts, theories, research and practice through diverse disciplines. The Journal maintains high quality standards by exercising peer review and editorial quality control. Facts and opinions in articles published on International Journal of KIU are solely the personal statements of respective authors. Authors are responsible for all contents in their article(s) including accuracy of the facts, statements, citing resources, and so on. International Journal of KIU and editors disclaim any liability of violations of other parties’ rights, or any damage incurred therefore to use or apply any of the contents of the International Journal of KIU. Material submitted to International Journal of KIU considered to be original and not published or submitted for publication elsewhere. All rights reserved by International Journal of KIU. No part of this publication may be reproduced, stored or transmitted in any form or by any means without the prior permission in writing from the copyright holder. Special requests should be addressed to [email protected]

Analisis Digital Watermarking untuk Otentikasi pada Citra Manipulasi Menggunakan Metode Least Significant Bit

The use of digital platforms has both positive and negative effects. Many criminals who manipulate images for personal gain, so as to harm the copyright holder (ownership) of the image. The purpose of the study was to detect false imagery generated by copy-move, splicing, and retouching techniques. The method used is the Least Significant Bit (LSB) method as a watermarking technique and its detection features. The insertion process is carried out on watermark images into the cover image as the container media. Image owners can authenticate to prove the originality of the image when the extraction process is done, the image manipulation is successfully detected because it is damaged. The test results showed that the digital watermarking technique with the Least Significant-Bit method is able to protect and prove the authenticity of the image. It was concluded that the results of comparison of watermark extraction on the original image and manipulation image saw a very significant difference in terms of visual and calculation with MSE, RMSE, and PSNR parameters.

Guilt as a condition of civil liability for violation of copyright and related rights

The relevance of the scientific article is due to the changes made to copyright legislation, which established a multiple size of civil liability for violation of copyright and related rights. Such responsibility is atypical for civil law, since it provides for the dependence of its size on the form of guilt of the offender. In the doctrine of civil law and jurisprudence, the presumption of guilt in committing a civil offense is traditionally applied. At the same time, the measures of responsibility are aimed at full compensation for the harm caused, regardless of the form of guilt. Therefore, in civil law there is no normative definition of the forms of guilt. At the same time, in cases on the protection of copyright and related rights, the issue of proving the form of the offender’s guilt acquires special significance. This is necessary to establish the basis for civil liability and its size. For this purpose, based on the study of scientific approaches to understanding the category of guilt, the author of the article formulated criteria for establishing a careless form of guilt in violation of copyright and related rights; the signs indicating the absence of guilt in the actions of the offender have been identified; the characterization of intent when committing a violation of these rights is given. The behavior of the violator, which is deliberately aimed at violating the rights of the copyright holder or deliberately ignoring his rights in order to achieve goals useful for himself, should be defined as guilt in the form of intent. The attitude of the subject to the harm caused to the copyright holder is legally unimportant. Intent should be established with respect to the behavior of the subject at the time of the violation, and not after its completion. The application of the criteria for the form of guilt proposed in the article is aimed at solving practical problems in law enforcement

A missing person as a copyright holder

The disappearance of people is a phenomenon that requires in-depth multi-faceted analysis. The law does not regulate the situation of a missing person between their disappearance and being declared dead. During this time, in the understanding of the law, a missing person remains an entity that can dispose of their property rights and personal rights, but because of the disappearance people are unable to do that, so his/her rights are exposed to be lost or unlawfully used by other persons. As a result, many doubts must be faced by people close to the missing person. This work discusses the copyrights of the missing person, its execution and protection in the time between the disappearance and declaring the person dead. As an introduction, the subject of copyright (work) is discussed and the division of copyright into moral rights and property rights is indicated. Next, the paper presents the possible ways of proceeding in the event of a disappearance, including a minor, spouse, and co-creator. The possibility of appointing a custodian and submitting a request to a prosecutor is indicated, and an analogous application of provisions in the event of death is proposed. Moreover, a situation where an action to protect moral/economic copyrights has been brought before a person missing (the proceedings are pending) is noted. Finally, the consequences of declaring a missing person to be dead are discussed. Based on the considerations carried out, it can be concluded that there is no single appropriate legal solution in a situation where there is a need to exercise and protect the personal/economic copyrights of a missing person. The proposed solutions of proceeding in the missing person case are not specifically designed in the event of a disappearance, and their application is not established in practice. It seems that the court should recognize the need to protect the interests of the missing person and allow the proceedings to be conducted when referring to one of the proposed solutions. Adaptation of the indicated solutions, in the face of the forced inactivity of the missing person, should guarantee the protection of his/her rights. De lege ferenda, it is worth considering the general regulation of a person’s situation from the moment of his/her disappearance until he/she is declared dead. This could be done by introducing a provision providing for the possibility of appointing a custodian to handle the missing person’s affairs.

Legal Aspects of the Balance of Interests: Pharmaceutical Companies Innovators and Generic Manufacturers

The paper deals with the problems of entering the market of generic drugs in the light of protecting the interests of copyright holder-originators. It is emphasized that the main method of protection lies in the area of intellectual rights. The protection of patent rights by companies that are copyright holders of innovative medicines comes out on top. Attention is drawn to issues related to the data exclusivity regime that are especially important in the context of establishing a balance of interests not only between the copyright holders of original medicines and generic manufacturing companies, but also between representatives of the medical community. The paper considers individual rules of special normative legal acts regulating relations related to the circulation of medicines in Russia and abroad. The author draws attention to the fact that there is some terminological ambiguity, which creates difficulties in the implementation of legal regulation. Possible restrictions on the rights of companies that put into circulation generic medicines should act as a certain guarantor in the implementation of the proper legal mechanisms for the protection of the results of intellectual activity in the pharmaceutical sector and contribute to the stimulation of innovation.

Open access information as a platform for sustainable development

Open Access (OA) literature is digital, online, free of charge and free of most copyright and licensing restrictions, what make it possible are the internet and the consent of the author or copyright holder. In most fields, scholarly journals do not pay authors, who can, therefore, consent to OA without losing revenue. In this respect, scholars and scientists are very differently situated from most musicians and movie-makers, and controversies about open access to music and movies do not carry over to research literature. Open access is entirely compatible with peer review, and all the major open access initiatives for scientific and scholarly literature insist on its importance, just as authors of journal articles donate their labor, journal editors and referees participating in peer review. The study shows that out of 456 respondents considered for the study 203 [44.5%] belongs to Arts, 169 [37.1%] belongs to Science, 33 [7.2%] Education and 51 [11.2%] belongs to Management. The findings of the study also shows that out of 456 respondents considered for the study among which 81 [17.8%] belongs to M. Phil programme, 102 [22.4%] belongs to Ph.D. Programme and 273 [59.9%] are faculty members.

Correlation of terms «orphan work» and «public domain work» in the modern copyright law

Keywords: orphan work, copyright, work digitization, public domain, propertyrights of the author, term of copyright The authors insist on the need todifferentiate the terms «orphan work» and «public domain work». It is connected withthe necessity to follow reasonable balance between the property interest of the authoror his successors and the public interest in reasonable use of the work in order to improvethe current legal field.It is substantiated that the existing copyright system, which provides to pay royaltyfor every use of the work for its author for 70 years or more, conflicts with theneeds of society in modern digital age. It is necessary to get permission from the copyrightholder to digitize a work to make it available. For orphan works it is difficult.The traditional copyright system should provide an exception for orphan works. It isformulated that permission to use such works must be granted by a specially authorizedstate body if there is any evidence that the user has taken all possible measuresto find the copyright holder, but has not been successful.Analysis of the content of theoretical and legal definitions of the terms «orphanwork» and «public domain work» shows that the presence or absence of ongoing protectionof property rights of the author is a key factor in the difference. Such rightsare still valid for orphan works, and therefore the permission of the right holder touse such a work is required. Meanwhile, the «public domain work» includes workswhich the term of copyright has expired. Therefore, the work can be used without permission.So, the approach that an orphan work becomes public domain is incorrect.On a basis of analysis of legislation conclusions is drawn that it is inexpedient touse too voluminous definition of the term «orphan work». It is argued that the systemof issuing permits for use of orphan works by the state bodies at request of a potentialuser must be defined in legislation.

The Presumption of a Creative Nature (Originality) of Copyright Objects

The paper is devoted to the doctrinal meaning and practical significance of the presumption of the creative nature (originality) of copyright objects. This presumption is not directly enshrined in Russian law, but it follows from the systemic interpretation of the rules dedicated to notion of the author. A citizen who created a work by his creative work is recognized as the author. The laws of many countries contain the presumption of originality of works, but its interpretations are diametrically different. At the present time, in the conditions of an increasingly accelerating and complicating civil turnover accompanied by the information revolution, legal and technical substantive approaches to the category of originality (as a synonym for creativity) as a common and only prerequisite for the protection of works by copyright and the continental copyright system have gradually begun to converge. At the same time, domestic judicial practice still unreasonably ignores the doctrine of substantial similarity of works based on the presumption of originality. The author proposes an authentic classification of disputes concerning the originality of works, the basis of which is the number of objects involved in the dispute.The author builds a coordinate system, the criterion of which is the degree of change of the original work: identical copying — non-identical copying — processing — free creation of another original work. At the same time, the author emphasizes that a copy, even significantly different from the original, does not cease to be a copy. In legal terms, identical and non-identical copying constitutes reproduction that requires the consent of the author or copyright holder of the original work. A necessary sign of processing is the purpose of the author of the changes to expand the possibilities of using the original work; processing also requires the consent of the author or copyright holder with respect to the original work. Non-identical copying and reworking should be distinguished from creating a new work using an unprotected content of the original authentic work.

Research of the Stegosignal Propagation through the Acoustic Environment

The paper considers two main applications of stegosystems: as a digital watermark, for copyright protection, and as a method for secretly transmitting information through an acoustic environment. A stegosystem is studied theoretically and experimentally when information is transmitted over different distances in an acoustic medium in the presence of extraneous noise. Nowadays great attention is paid to the protection of intellectual property. Illegal distribution of media content, including copies of musical compositions, is widespread and reaches unprecedented proportions. Protecting audio files from unauthorized copying and using becomes increasingly important. Digital watermarks are a promising method for solving this problem. The purpose of the article is to develop an effective method for protecting audio files from illegal use by embedding a digital watermark (DW). After detection the illegal distribution of their product, the copyright holder will be able to track the presence of the digital watermark and apply to the court for damages.