2,567 research outputs found

    Protection from the Protectors: Does the Competition Act Provide an Answer to the Misuse of Technological Protection Measures?

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    McOrmond suggested that this linkage of authorized content and devices may fall within the definition of tied selling: If you are a competitor of the members of the DVD CCA, or for any reason cannot sign on to their contractual obligations, you will not receive the keys to encode your own content or decode content. It should be reviewed by the Competition Bureau to determine whether such contractual obligations should be allowed. Tying the ability to access content encoded with DVD CCA keys requiring a DVD CCA-approved access device seems like a text- book example of “tied selling” under section 77 of the Competition Act. This article attempts to assess this claim. Specifically, it asks whether Part VIII of the Competition Act is capable of addressing these concerns, while permitting the potential benefits that rights holders seek. The argument proceeds in two parts. First, the analysis is contextualized by examining how challenges to the anticompetitive effects of TPMs have been treated in other jurisdictions. Although the details vary, the fundamental themes and issues of competition law tend to be similar around the world. Useful insights can be drawn from a comparative review of the global jurisprudence. Then, the analysis turns to two key sections of the Canadian Act. Sections 77 (Tied Selling) and 79 (Abuse of Dominant Position) may each potentially apply to the conduct of concern. These sections will be examined by testing them against the Apple iTunes ecosystem. A single vendor example will be easier to analyze than an alleged conspiracy. Moreover, the case represents a high-water mark in that Apple has a dominant position in both the content and the device businesses. If the Competition Act can restrain the anticompetitive exclusionary effect of TPMs in general, these facts should provide a suitable test case

    Ex. 279-US-405

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    Report: The Relative Merits of the Modified Sag-Tape Method for Determining Instream Flow Requirement

    Ex. 281-US-403

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    Report: The Relative Merits of the Modified Sag-Tape Method for Determining Instream Flow Requirement

    Ex. 281-US-403

    Get PDF
    Report: The Relative Merits of the Modified Sag-Tape Method for Determining Instream Flow Requirement

    Ex. 279-US-405

    Get PDF
    Report: The Relative Merits of the Modified Sag-Tape Method for Determining Instream Flow Requirement

    Ex. 277-US-403

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    Report: The Relative Merits of the Modified Sag-Tape Method for Determining Instream Flow Requirement

    Ex. 277-US-403

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    Report: The Relative Merits of the Modified Sag-Tape Method for Determining Instream Flow Requirement

    Investigating the New Landscapes of Welfare: Housing Policy, Politics and the Emerging Research Agenda

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    As debates about housing form an increasingly important arena of political controversy, much has been written about the new fissures that have appeared as governments not only struggle to reduce public expenditure deficits but also attempt to address problems such as affordability and homelessness. It is widely anticipated that new conflicts will be played out in the private rental market as access to homeownership becomes unrealistic and the supply of social housing diminishes. However, what other tensions might surface; that hitherto have not been subject to the critical gaze of housing research? In this paper, we provide some thoughts on the nascent policy issues as well as the ideological schisms that are likely to develop in coming years, offering suggestions as to how the focus of housing policy research might be reoriented towards a “politics” framework to capture and better understand the conflicts that are likely to arise

    Protocolised non-invasive compared with invasive weaning from mechanical ventilation for adults in intensive care : the Breathe RCT

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    Background: Invasive mechanical ventilation (IMV) is a life-saving intervention. Following resolution of the condition that necessitated IMV, a spontaneous breathing trial (SBT) is used to determine patient readiness for IMV discontinuation. In patients who fail one or more SBTs, there is uncertainty as to the optimum management strategy. Objective: To evaluate the clinical effectiveness and cost-effectiveness of using non-invasive ventilation (NIV) as an intermediate step in the protocolised weaning of patients from IMV. Design: Pragmatic, open-label, parallel-group randomised controlled trial, with cost-effectiveness analysis. Setting: A total of 51 critical care units across the UK. Participants: Adult intensive care patients who had received IMV for at least 48 hours, who were categorised as ready to wean from ventilation, and who failed a SBT. Interventions: Control group (invasive weaning): patients continued to receive IMV with daily SBTs. A weaning protocol was used to wean pressure support based on the patient’s condition. Intervention group (non-invasive weaning): patients were extubated to NIV. A weaning protocol was used to wean inspiratory positive airway pressure, based on the patient’s condition. Main outcome measures: The primary outcome measure was time to liberation from ventilation. Secondary outcome measures included mortality, duration of IMV, proportion of patients receiving antibiotics for a presumed respiratory infection and health-related quality of life. Results: A total of 364 patients (invasive weaning, n = 182; non-invasive weaning, n = 182) were randomised. Groups were well matched at baseline. There was no difference between the invasive weaning and non-invasive weaning groups in median time to liberation from ventilation {invasive weaning 108 hours [interquartile range (IQR) 57–351 hours] vs. non-invasive weaning 104.3 hours [IQR 34.5–297 hours]; hazard ratio 1.1, 95% confidence interval [CI] 0.89 to 1.39; p = 0.352}. There was also no difference in mortality between groups at any time point. Patients in the non-invasive weaning group had fewer IMV days [invasive weaning 4 days (IQR 2–11 days) vs. non-invasive weaning 1 day (IQR 0–7 days); adjusted mean difference –3.1 days, 95% CI –5.75 to –0.51 days]. In addition, fewer non-invasive weaning patients required antibiotics for a respiratory infection [odds ratio (OR) 0.60, 95% CI 0.41 to 1.00; p = 0.048]. A higher proportion of non-invasive weaning patients required reintubation than those in the invasive weaning group (OR 2.00, 95% CI 1.27 to 3.24). The within-trial economic evaluation showed that NIV was associated with a lower net cost and a higher net effect, and was dominant in health economic terms. The probability that NIV was cost-effective was estimated at 0.58 at a cost-effectiveness threshold of £20,000 per quality-adjusted life-year. Conclusions: A protocolised non-invasive weaning strategy did not reduce time to liberation from ventilation. However, patients who underwent non-invasive weaning had fewer days requiring IMV and required fewer antibiotics for respiratory infections. Future work: In patients who fail a SBT, which factors predict an adverse outcome (reintubation, tracheostomy, death) if extubated and weaned using NIV? Trial registration: Current Controlled Trials ISRCTN15635197. Funding: This project was funded by the National Institute for Health Research (NIHR) Health Technology Assessment programme and will be published in full in Health Technology Assessment; Vol. 23, No. 48. See the NIHR Journals Library website for further project information

    Active Amplification of the Terrestrial Albedo to Mitigate Climate Change: An Exploratory Study

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    This study explores the potential to enhance the reflectance of solar insolation by the human settlement and grassland components of the Earth's terrestrial surface as a climate change mitigation measure. Preliminary estimates derived using a static radiative transfer model indicate that such efforts could amplify the planetary albedo enough to offset the current global annual average level of radiative forcing caused by anthropogenic greenhouse gases by as much as 30 percent or 0.76 W/m2. Terrestrial albedo amplification may thus extend, by about 25 years, the time available to advance the development and use of low-emission energy conversion technologies which ultimately remain essential to mitigate long-term climate change. However, additional study is needed to confirm the estimates reported here and to assess the economic and environmental impacts of active land-surface albedo amplification as a climate change mitigation measure.Comment: 21 pages, 3 figures. In press with Mitigation and Adaptation Strategies for Global Change, Springer, N
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