Category Archives: Intellectual Property (IP)

Research confirms that Facebook, Twitter and Google are spying on users

big brother

big brother (Photo credit: Vince_Lamb)

Social networks: can robots violate user privacy?

ECM Plus +++ Recent news in the international media has revealed numerous Internet privacy concerns that definitely deserve attention and further investigation, which is why Geneva-based High-Tech Bridge  decided to conduct a simple technical experiment to verify how the 50 largest social networks, web services and free emails systems respect – or indeed abuse – the privacy of their users.

According to High-Tech Bridge, the experiment and its results can be reproduced by anyone, as we tried to be as neutral and objective as possible. Continue reading

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Filed under Analysis, Analytics & Metrics, Business Risk, Compliance, Content Curation, Content Governance, Content Management, Content management system (CMS), Content Protection, Content Security, Corporate Civic Responsibility (CCR), Corporate Governance, Customer Relations Management (CRM), Data mining, Data privacy, Data protection, Data storage, Digital asset management, Enterprise Content Management, GRC (Governance, Risk & Compliance), Industry News, Information Governance, Information Management, Information security, Intellectual Property (IP), Intelligent Search, Legal, Policy Management, Regulatory Compliance, Reporting, Risk Analysis, Risk Assessment, Risk Management, Security Content Management (SCM), Social Content Management, Trusted Cloud, UGC - User-generated content, WCM

Domain name campaigners battle corporate monopoly of gTLDs

ICANN Logo

ICANN  (Photot: Wikipedia)

‘Stop Corporate Takeover of Internet Names Petition” launched

ECM Plus +++ An internet activist has launched a petition to prevent large companies control over Chinese, Japanese, English and many other new top internet addresses.

“We believe this is an abuse of the New gTLD Program and it poses great risk of harm to consumers, business, and internet users globally” declares Tom Gilles, NewgTLDsite.com  TLD-vangelist and petition organizer. “These generic category top level domain names such as .app, .book, .music, and others should be open for the general public, not monopolized and closed off for use by one large corporation exclusively at their sole discretion.” Continue reading

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Filed under Industry News, Information Governance, Intellectual Property (IP), Intelligent Search, Telecommunications, Web compliance, Web governance

Storage spat heightens as Quantum sues Overland

Image representing Overland Storage as depicte...

Image via CrunchBase

Patent infringement battle hots up, response to Overland lawsuit denies patent infringement by Quantum

By ECM Plus staff

ECM Plus /London/ +++ Data protection and big data management behemoth Quantum Corp. has today filed suit against Overland Storage for patent infringement in the U.S. District Court for the Southern District of California. Continue reading

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Filed under Corporate Governance, Data storage, Enterprise Content Management, Industry News, Intellectual Property (IP), Legal

TPP will bring a ‘book famine’ for blind people

A summit with leaders of the member states of ...

A summit with leaders of the member states of the Trans-Pacific Strategic Economic Partnership Agreement (TPP). Pictured, from left, are Naoto Kan (Japan), Nguyễn Minh Triết (Vietnam), Julia Gillard (Australia), Sebastián Piñera (Chile), Lee Hsien Loong (Signapore), Barack Obama (United States), John Key (New Zealand), Hassanal Bolkiah (Brunei), Alan García (Peru), and Muhyiddin Yassin (Malaysia). Six of these leaders represent countries that are currently negotiating to join the group.

‘Copyright cartel attempts to ‘ride roughshod’ over vulnerable groups

By ECM Plus staff

ECM Plus /LONDON/ +++ The Trans-Pacific-Partnership (TPP) is a set of secretive trade negotiations whose IP clauses have much in common with the reviled ACTA and SOPA treaties, accordint to privacy advocacy group the Pirate Party UK. Continue reading

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Filed under Accessibility, Content Curation, Corporate Civic Responsibility (CCR), Digital rights management, e-Publishing, e-Reader, Industry News, Intellectual Property (IP), Rights Management, Web accessibility

Book search case threatens librarians’ access to information

Hugh D'Andrade's design to commemorate Electro...

Hugh D’Andrade’s design to commemorate Electronic Frontier Foundation’s 20th Birthday.

Ignoring fair use doctrine, Authors Guild suit tries to block valuable resource

By ECM Plus staff

ECM Plus /London/ +++ The Electronic Frontier Foundation has filed an amicus brief urging a federal court to find that the ‘fair use doctrine’ shelters Google’s Book Search “snippet” project from copyright infringement claims from the Authors Guild.

EFF was joined by three associations representing over 100,000 libraries, the Association of Research Libraries, the American Library Association, and the Association of College and Research Libraries. Continue reading

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Filed under Accessibility, Content Categorisation, Content Curation, Data mining, Data warehousing, Digital asset management, Digital Media Management (DMM), Digital rights management, Digitization, Industry News, Intellectual Property (IP), Records & Information Management (RIM), Rights Management, Search, Web accessibility

Dissent waves force MEPs to throw out anti-counterfeit bill

Stop ACTA before we run out of space

Stop ACTA before we run out of space (Photo credit: ottodv)

Bill could ‘jeopardize citizens’ liberties’

By ECM Plus staff

ECM Plus +++ The Anti-Counterfeiting Trade Agreement (ACTA) has been rejected by the European Parliament on Wednesday and henceforth cannot become ‘law’ in the Euripean Union superstate. Continue reading

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Filed under Industry News, Intellectual Property (IP)

‘Cyber-vandalism’ claims rock content creator

Image representing IndieGoGo as depicted in Cr...

Good causes via online IndieGoGo

Electronic Frontier Foundation to represent Oatmeal creator in fight against ‘bizarre lawsuit targeting critical online speech’

ECM Plus +++ A ‘baseless suit’ is claiming online trademark infringement and ‘cyber-Vandalism’, according to the Electronic Frontier Foundation.

EFF said it will join with attorney Venkat Balasubramani of the law firm Focal PLLC to represent The Oatmeal creator Matthew Inman in a bizarre lawsuit targeting the online comic strip’s fundraising campaign in support of the American Cancer Society and the National Wildlife Federation. Continue reading

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Filed under Asset management, Content Creation, Digital asset management, Digital rights management, Industry News, Intellectual Property (IP)

Global ChokePoint to monitor violations of freedom of expression

English: Logo of the Electronic Frontier Found...New project to monitor worldwide abuses of freedom of expression

New project tracks censorship worldwide, documenting copyright enforcement’s effects on freedom of expression

By ECM Plus staff

ECM Plus +++ The Electronic Frontier Foundation, in collaboration with over a dozen civil society organizations worldwide, has just launched ‘Global Chokepoints’ at www.globalchokepoints.org.

The global collaboration documents how copyright enforcement is being used to censor online free expression in nations around the world. Continue reading

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Filed under Analytics & Metrics, Industry News, Intellectual Property (IP)

Image bank proffers freebie pix content for creatives

Photo album

Image: For Inspiration Only via Flickr

Kiosked image bank to monetize online content

By ECM Plus staff

ECM Plus +++ In-content online ad platform provider Kiosked has launched a ‘free’ Image Bank that the company said can enable online publishers and creatives to earn on the acquisitive ‘impulses’ their content may engender.

According to the company, the free app can can be freely downloaded and creators get paid for their images. Apparently, the Kiosked Image Bank is free to use without infringing any copyrights, the company said. Continue reading

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Filed under Asset management, Content Creation, Content Monetization, Content Provision & Creation, Content Syndication, Digital rights management, Intellectual Property (IP), Media asset management, Media Content, UGC - User-generated content, Vendor News

Axe victim: Feds raid Gibson guitar plants in unfinished business

The Department of Justice building in Washingt...

Feds raid American guitar factories

Department of Justice bullies Gibson without filing charges

By ECM Plus staff

ECM Plus +++ The Federal Department of Justice in Washington, D.C. has suggested that the use of wood from India that is not finished by Indian workers is illegal, not because of U.S. law, but because it is the Justice Department’s interpretation of a law in India. Continue reading

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Filed under Asset management, Business continuity, Business Process Management, Content Creation, Contingency Planning, Corporate Social Responsibility (CSR), GRC (Governance, Risk & Compliance), Industry News, Intellectual Property (IP), Risk Management

Encrypted password court case puts Fifth to the test

This is the Electronic Frontier Foundation (EF...

Content encryption comes to the fore in test case

Foundation urges court to uphold privilege against self-incrimination

The Electronic Frontier Foundation urged a federal court in Colorado to block the government’s attempt to force a woman to enter a password into an encrypted laptop, arguing in an amicus brief that it would violate her Fifth Amendment privilege against self-incrimination. Continue reading

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Filed under Business Intelligence (BI), Content Management, Content Protection, Data privacy, Data protection, Document Management, Industry News, Information security, Intellectual Property (IP), Risk Management

Righthaven copyright troll lawsuit dismissed as a ‘sham’

Hugh D'Andrade's design to commemorate Electro...

Righthaven case thrown out as a 'sham' - that they never owned the copyright in the first place

Court finds Righthaven had ‘no authority to bring claims against political forum’

By ECM Plus staff

ECM Plus +++ In a decision with likely wide-ranging impact, a judge in Las Vegas dismissed as a sham an infringement case filed by copyright troll Righthaven LLC. The judge ruled that Righthaven did not have the legal authorization to bring a copyright lawsuit against the political forum Democratic Underground, because it had never owned the copyright in the first place.

The Electronic Frontier Foundation. Fenwick & West LLP, and Las Vegas attorney Chad Bowers are defending Democratic Underground.

Continue reading

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Filed under Content Creation, Content Curation, Content Fingerprinting, Digital rights management, Industry News, Intellectual Property (IP), Rights Management

WEEKEND PLUS: Unlawful streaming of content gets top billing

John Cornyn official portrait
Senator John Cornyn

Senate Bill calls for tougher penalties for unlawful streaming of content

By ECM Plus staff

ECM Plus +++ Senate Judiciary Committee members Senator Amy Klobuchar (D-Minn.), John Cornyn (R-Tex.) and Christopher Coons (D-Del.) this week introduced S. 978, a bipartisan bill aimed at more effectively combating the online theft of copyrighted works by classifying the illicit streaming of music, movies and other content as a felony.

Under current law, illegal uploading and downloading of protected works is already a felony but not streaming. The bill follows upon the recommendations of U.S. Intellectual Property Enforcement Coordinator Victoria Espinel who in March outlined several steps Congress should take to improve intellectual property protection in the America. Continue reading

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Filed under Asset management, Compliance, Content Creation, Content Delivery Networks (CDN), Content Protection, Digital rights management, Industry News, Intellectual Property (IP), Rights Management, Streaming media, Video Content Management & Delivery (VCM)

Search engine behemoth lambasted in new book

MAGNIFYING GLASS

Search and destroy. Image: andercismo

New book alleges that search behemoth has become a serial violator of privacy and property rights

By ECM Plus staff

ECM Plus +++ ‘SEARCH & DESTROY: Why You Can’t Trust Google Inc.’ is the first book to critically examine Google’s business practices, mission, and unprecedented power over information access and the digital economy.  Continue reading

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Filed under Enterprise Search, Industry News, Intellectual Property (IP), Knowledge Management, Risk Analysis, Risk Assessment, Risk Management, Search

OBITER DICTA: Will search blow hards blow it in billion dollar buy-up?

News emanating from the FT that search engine software firm Google is in the throes of snapping up some US$900 million worth of paper, the value put on a pile of intellectual property and patents in the rusty filing cabinets of moribund mobile telecom vendor Nortel is a big surprise indeed.

Surprise? Indeed. Nortel was never renowned for its pioneering smartphones, more for its base stations and other infrastructure hardware. Continue reading

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Filed under 4G, Intellectual Property (IP), Mobile Apps, Mobile communication, Telecommunications

Galileo pontificates cloud payments for banks

Credit cards

Safety in numbers?: Cloud payment plans from Galileo

Cloud processing for regional and smaller banks and financial firms

ECM Plus – Galileo Processing has just taken the wraps off its new suite of solutions that enable payment card issuing banks and payment card programme managers to use cloud computing while ensuring levels of security, availability and regulatory compliance.

According to Galileo, their cloud processing offers clients a dedicated virtual environment where clients can preserve intellectual property. Users can develop their own app and functionality to support their card programmes. Continue reading

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Filed under Analytics & Metrics, Billing & Customer Care Systems (BCCS), Cloud Computing, Compliance, Customer Relations Management (CRM), Data Governance, Data privacy, Data protection, Information Governance, Information Management, Information security, Intellectual Property (IP), Trusted Cloud, Vendor News

IP law firm goes paperless with electronic file room

Image representing First To File as depicted i...

First To File

Nixon and Vanderhye choose First To File for patent document management

ECM Plus – Patent document management specialist First To File has just been selected by intellectual property law firm Nixon & Vanderhye with its new Electronic File Room patent document management service. Continue reading

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Filed under Business Process Management, Data storage, Document Automation, Document Management, Intellectual Property (IP), Vendor News

EFF wins landmark ruling freeing promo CDs for resale

Seal of the United States Court of Appeals for...

US Court of Appeals of the Ninth Circuit

Victory for consumers’ fIrst sale rights – EFF

ECM Plus – The U.S. Court of Appeals for the 9th Circuit has shot down bogus copyright infringement allegations from Universal Music Group (UMG), affirming an eBay seller’s right to resell promotional CDs that he buys from secondhand stores and rejecting UMG’s attempt to claim that a sticker on a CD created a license agreement forbidding resale.

Troy Augusto, represented by the Electronic Frontier Foundation (EFF) and the law firm Durie Tangri LLP, was sued by UMG for offering promo CDs for auction on eBay.

At issue was whether the labels on the CDs, some of which stated that they were “promotional use only, not for sale,” trumped Augusto’s right to resell the CDs that he bought.

Copyright’s “first sale” doctrine prevents a copyright owner from restricting further sales or uses of a work once title has passed.

The appeals court held: “UMG transferred title to the particular copies of its promotional CDs and cannot maintain an infringement action against Augusto for his subsequent sale of those copies.”

The court noted that UMG did not maintain control of the CDs once it mailed them out, did not require the recipients to agree to the “conditions” it sought to impose with the not-for-sale label, and did not require return of the CDs if the recipient did not consent.

“This ruling frees promotional CDs from the shadow of copyright infringement claims, which is good news for music lovers,” said EFF Intellectual Property Director Corynne McSherry. “But it also has broader ramifications. The court flatly rejected the argument that merely slapping a notice on a copyrighted work prevents the work from ever being sold. It eliminates the risk of copyright infringement claims against later recipients — regardless of whether they paid for the work.”

“The Ninth Circuit recognized an important principle: that you can’t eliminate consumers’ rights just by claiming there’s a ‘license agreement,'” said Joe Gratz of Durie Tangri, lead counsel for Mr. Augusto. “Once a copyrighted work is freely given, the copyright holder isn’t in charge anymore. The copyright owner can’t stop you from selling it or lending it to a friend.”

For the full opinion in UMG v. Augusto:
https://www.eff.org/files/filenode/umg_v_augusto/UMGvAugusto9thCircuitOp…



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Filed under Asset management, Industry News, Intellectual Property (IP), Rights Management

Clarion call for Digital Content Monetisation Show

DCM Europe 2011 – 24-26 January 2011, Millennium Gloucester Hotel, London

ECM Plus – Receive a 10% discount when you register with promotional code ‘ECM’. Register online at http://www.dcm-eu.com, call +44 20 7067 1867 or email info@dcm-eu.com

Digital Content Monetisation is the only event in Europe to focus on key changes you can make to your digital value chain to contribute to solid digital ROI.

Join over 114 senior experts from across TV, gaming, music, film, broadcasting, publishing, and sports to uncover successful strategies.

You’ll meet key speakers from content owners and media services including:
TV4, ITV, Bauer, Turner, Channel 4, SKAI, BSkyB, Warner Bros, Universal Pictures, LoveFILM, FilmFlex, News International, le Figaro, The Telegraph Group, The Guardian, Konami, Electronic Arts, SEGA, SCEE, Blitz Games, Penguin, Pan MacMillan, Random House, Real Madrid, Euroleague Basketball, WTA, Rugby Football League, Facebook, Mumsnet.com, Youtube, Spotify, SeeSaw and We7.

We have recently done a series of interviews with DCM speakers. Get an insight into what they have to say on the issues affecting media and content owners in monetising their content:

Henning Lindblad, VP Digital Marketing, WTA – discussing expanding the global reach of a sports brand, plus the critical role of social media in monetisation

Cosmo Lush, VP Digital Business Development, EMI Music – speaking about what devices excite him right now, how paywalls will revolutionise the way we pay for content and how the music industry has responded to piracy.

Trevor Albery, VP EMEA, Anti-Piracy Operations, Warner Bros – explaining how commercial, legal and anti-piracy teams can work together to combat illegal file-sharing.

Keep checking back as we will be adding more speaker interviews over the next few weeks.

You can also get a flavour for our DCM events by viewing video footage from our DCM New York event which took place in October. You can view – for free – the best panel sessions from the first day of the conference. This is a great opportunity to get your hands on some of the stories and tactics under discussion.

Register:

Online: http://www.dcm-eu.com
Email: info@dcm-eu.com
Tel: +44 (0)207 067 1867

www.dcm-eu.com

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Filed under Brand asset management, Content Categorisation, Content Delivery, Content Management, Content Monetization, Content Provision & Creation, Content Security, Content Syndication, Digital asset management, Digital Media Management (DMM), Industry News, Intellectual Property (IP), Media asset management, Mobile Content, Rights Management, Streaming media

PlaySpan partnes IP for content monetization

Image representing IP Commerce as depicted in ...

Image via CrunchBase

PlaySpan and IP Commerce touts payment method for digital content publishers

BY PAUL QUIGLEY

ECM Plus – IP Commerce is to join forces with PlaySpan, a Monetization-as-a-Service player in a new venture to deliver PlaySpan’s monetization solutions to both social and digital content developers via IP Commerce’s managed services platform.

According to IP, the partnership will also enable so-called ‘last-mile innovation’ for the $2.1 billion digital goods market for social and digital content developers to attract, convert and retain more customers by offering a large variety of secure and convenient in-app payment methods bundled within segment-specific Workflow.

Templates contain value-added services, modules and business rules enabled through IP’s managed services platform.

“The relationship with IP Commerce marks a significant merchant growth opportunity for PlaySpan’s Monetization-as-a-Service platform” commented Karl Mehta, CEO of PlaySpan. “Their established connectivity with leading acquirers and 360-degree platform approach allow us to immediately add valuable new distribution channels and fast-track strategic business agreements without technology lag times and associated costs.”

Alfred ‘Chip’ Kahn IV, CEO, IP Commerce added: “Our acquiring and processing partners are increasingly focused on targeted market segments because different software developers need different tools and Value-Add Services. PlaySpan’s pioneering approach and global reach into the digital goods segment, coupled with a growing demand for digital content monetization solutions, makes them the ideal partner to facilitate strong growth in this integrated payments market segment.”

PlaySpan said its monetization solutions is now used for more than 1,000 online games, social networks, and online videos. Their ‘Monetization-as-a-Service’ platform could also enables digital publishers and developers to generate new revenue streams and grow ARPU.

Its payments product, UltimatePay delivers over 85 global payment methods in 180 countries including credit cards, mobile payments and PlaySpan’s ULTIMATE GAME CARD, the multi-game pre-paid card available in over 50,000 retail locations across North America and a growing list of countries worldwide.

Image representing Karl Mehta as depicted in C...

Image by Karl Mehta PlaySpan via CrunchBase

 

“PlaySpan’s pioneering approach and global reach into the digital goods segment, coupled with a growing demand for digital content monetization solutions, makes them the ideal partner to facilitate strong growth in this integrated payments market segment” added PlaySpan’s Mehta.

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Filed under Content Categorisation, Content Delivery, Content Monetization, Content Provision & Creation, Content Syndication, Digital Media Management (DMM), Enterprise Social Software (ESS), Intellectual Property (IP), Media asset management, Mobile Content, Streaming media, Vendor News

Amazon and WikiLeaks: Online speech is only as strong as the weakest intermediary

Description unavailable

Image by Aldaron via Flickr

by Rainey Reitman and Marcia Hofmann

The First Amendment to the Constitution guarantees freedom of expression against government encroachment — but that doesn’t help if the censorship doesn’t come from the government.

The controversial whistle-blower website WikiLeaks, which has begun to publish a trove of over 250,000 classified diplomatic cables, found itself kicked off of Amazon’s servers earlier this week. WikiLeaks had apparently moved from a hosting platform in Sweden to the cloud hosting services available through Amazon in an attempt to ward off ongoing distributed denial of service attacks.

According to Amazon, WikiLeaks violated the site’s terms of service, resulting in Amazon pulling the plug on hosting services. However, news sources have also reported that Amazon cut off WikiLeaks after being questioned by members of the staff of Senate Homeland Security Committee Chairman Joe Lieberman. While it’s impossible to know whether or not Amazon’s decision was directly caused by the call from the senator’s office, we do know that Lieberman has proposed “anti-WikiLeaks legislation” and that he has a history of pushing for online censorship in the name of “security.”

Importantly, the government itself can’t take official action to silence WikiLeaks’ ongoing publications –  that would be an unconstitutional prior restraint, or censorship of speech before it can be communicated to the public. No government actor can nix WikiLeaks’ right to publish content any more than the government could stop the New York Times and Washington Post from publishing the Pentagon Papers, which were also stolen secret government documents.

But a web hosting company isn’t the government. It’s a private actor and it certainly can choose what to publish and what not to publish. Indeed, Amazon has its own First Amendment right to do so. That makes it all the more unfortunate that Amazon caved to unofficial government pressure to squelch core political speech. Amazon had an opportunity to stand up for its customer’s right to free expression. Instead, Amazon ran away with its tail between its legs.

In the end, it’s not just WikiLeaks that suffers from corporate policies that suppress free speech, here on matters of intense public importance. It’s also readers, who lose out on their First Amendment right to read the information WikiLeaks publishes. And it’s also the other Internet speakers who can’t confidently sign up for Amazon’s hosting services without knowing that the company has a history of bowing to pressure to remove unpopular content.

Today Amazon sells many things, but its roots are in books, which historically have been a lightning rod for political censorship campaigns. These campaigns tried and failed to suppress Allen Ginsberg’s Howl, Nabokov’s Lolita, and even Orwell’s 1984. And it’s the book industry – including writers, publishers, booksellers and libraries – that has championed the rights of readers and helped America maintain a proud history of free speech in the written word, even when faced with physical danger.

While it’s frustrating to think of any hosting provider cutting services to a website because it considers the content too politically volatile or controversial, it’s especially disheartening to see Amazon knuckle under to pressure from a single senator. Other Internet intermediaries should now expect to receive a phone call when some other member of Congress is unhappy with speech they are hosting. After all, it worked on Amazon.

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Filed under Analysis, Asset management, Digital Media Management (DMM), Digital rights management, Document archiving & retrieval, Document Management, Document scanning & imaging, Intellectual Property (IP), Media asset management, Product Information Management, Rights Management