392,592 research outputs found

    Striking a Delicate Balance: Intellectual Property, Antitrust, Contract and Standardization in the Computer Industry

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    Shortly before the Second Intermational Harvard Conference on Internet & Society, the Department of Justice ( DOJ ) brought a widely publicized suit against the Microsoft Corporation. In its complaint, the DOJ charged Microsoft with engaging in a variety of antitrust wrongs connected with its alleged monopoly position in the market for personal computer ( PC ) operating system software. The Conference panel on Antitrust and the Internet, which had planned to focus on how antitrust law affects standard-setting efforts and the implications for the Intermet, quickly abandoned that topic in favor of discussion of the Microsoft suit

    Coattail Class Actions: Reflections on Microsoft, Tobacco, and the Mixing of Public and Private Lawyering in Mass Litigation

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    Ask anyone who follows legal news to name the two biggest litigation news stories in the United States at the start of the twenty-first century, and they will answer without blinking: Microsoft and tobacco. The Microsoft litigation, they will tell you, claims a place in the pantheon of antitrust landmarks that includes Standard Oil, Alcoa, and AT&T. The tobacco litigation is the most massive in a string of mass torts including asbestos, Dalkon Shield, and breast implants; it is arguably the most important public health matter ever litigated. Microsoft and tobacco each fit so well and so interestingly in their own line of antitrust or product liability cases that it would be easy to miss what the two stories have in common. The Microsoft and tobacco litigations each involve allegations of wrongful conduct causing widespread harm, committed by actors so powerful they seemed immune to attack by private litigants. In each case, government lawsuits broke down the barriers to successful litigation, and private litigants, particularly those pursuing class actions, rode the government\u27s coattails. This pattern is not limited to tobacco and Microsoft, nor is it new; in antitrust, securities, civil rights, and consumer fraud litigation, private plaintiffs have been riding government coattails for years. This Article examines coattail class actions and related developments in Microsoft, tobacco, and other recent litigation involving widespread harm. It does not address whether the government entities and private plaintiffs have valid claims in the Microsoft and tobacco cases, nor does it consider whether the underlying substantive law itself is just or wise. For purposes of this discussion, my interest in these cases is not to enter the raging debate over the legal and factual issues in them,9 but rather to look at whether their procedural structure of interdependent public and private actions offers a sensible model for the resolution of claims of widespread harm. Part One looks at the Microsoft antitrust litigation and the tobacco litigation as illustrations of the relationship between government litigation and subsequent class actions. Part Two examines two related developments that mix public and private lawyer roles: the use of private litigators to prosecute government lawsuits, and the nature of recent government recoupment actions. Part Three considers the differences between government lawyers, who owe duties to government entities and face largely political incentives, and class action lawyers, who owe duties to the class and face largely fee-based incentives. With the idea that government lawsuits and private class actions serve different purposes even when targeted at the same conduct, I turn to several specific implications. Part Four looks at implications for government suits. I suggest that government lawyers should consider the issue preclusive value of adjudications, the public value of discovered information, and the impact of settlement agreements that compromise private litigants\u27 remedies or procedural mechanisms. I also suggest that contingent fees are generally inappropriate for government retention of private litigators. Part Five turns to implications for coattail class actions themselves. I contend that while prior government litigation does not render a class action illegitimate, the government action does matter for the outcome of the coattail class action. Prior government litigation substantially increases the likelihood of successful prosecution of the class action, but in some cases it should reduce the likelihood or amount of punitive damages, as well as the amount of legal fees awarded to class counsel. While much of what I discuss in this Article is equally true of individual lawsuits that piggyback on government litigation, I focus on class actions because as representative litigation they share an essential attribute of government actions, and thus present most starkly the question of who should represent the interests of injured citizens in litigation: government officials or class representatives and class counsel

    Common protocol for distributed network file system

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    Paper deals with common protocol for distributed network file system. Focus is on CIFS protocol from Microsoft, the enhanced version of Microsoft Server Message Block (SMB), that is proposed as possible common solution for file sharing among distributed systems. There are new requirements included as well, that are to be implemented due to recent changes in applications and devices and has been addressed in new generation of distributed file system protocols such as AFS2, CODA and WebDAV

    Testing the functionality of the application made in .NET Core technology on the Raspberry Pi II platform

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    The paper presents the results of functionality analysis of application made in Microsoft .NET Core technology on Raspberry Pi 2 platform. The research was done by implementing applications using libraries provided by Microsoft and developed by .NET Core community. The focus was placed on usage of this technology in the Internet of Things applications. The comparison of the possibility of using Raspberry Pi interfaces in .NET Core, officially supported Python language and popular Node.js technology was made. The performance of these technologies was also compare

    A randomised feasibility study to investigate the impact of education and the addition of prompts on the sedentary behaviour of office workers

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    Abstract Background Office workers have been identified as being at risk of accumulating high amounts of sedentary time in prolonged events during work hours, which has been associated with increased risk of a number of long-term health conditions. There is some evidence that providing advice to stand at regular intervals during the working day, and using computer-based prompts, can reduce sedentary behaviour in office workers. However, evidence of effectiveness, feasibility and acceptability for these types of intervention is currently limited. Methods A 2-arm, parallel group, cluster-randomised feasibility trial to assess the acceptability of prompts to break up sedentary behaviour was conducted with office workers in a commercial bank (n = 21). Participants were assigned to an education only group (EG) or prompt and education group (PG). Both groups received education on reducing and breaking up sitting at work, and the PG also received hourly prompts, delivered by Microsoft Outlook over 10 weeks, reminding them to stand. Objective measurements of sedentary behaviour were made using activPAL monitors worn at three time points: baseline, in the last 2 weeks of the intervention period and 12 weeks after the intervention. Focus groups were conducted to explore the acceptability of the intervention and the motivations and barriers to changing sedentary behaviour. Results Randomly generated, customised prompts, delivered by Microsoft Outlook, with messages about breaking up sitting, proved to be a feasible and acceptable way of delivering prompts to office workers. Participants in both groups reduced their sitting, but changes were not maintained at follow-up. The education session seemed to increase outcome expectations of the benefits of changing sedentary behaviour and promote self-regulation of behaviour in some participants. However, low self-efficacy and a desire to conform to cultural norms were barriers to changing behaviour. Conclusions Prompts delivered by Microsoft Outlook were a feasible, low-cost way of prompting office workers to break up their sedentary behaviour, although further research is needed to determine whether this has an additional impact on sedentary behaviour, to education alone. The role of cultural norms, and promoting self-efficacy, should be considered in the design of future interventions. Trial registration This study was registered retrospectively as a clinical trial on ClinicalTrials.gov (ID no. NCT02609282 ) on 23 March 2015

    MS Excel and Word Add-In for retrieving data from SQL database

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    Tato bakalářská práce se zaměřuje na realizaci Add-Inu v jazyce C# pro programy Microsoft Excel a Microsoft Word, jehož účelem je rychlý přístup do SQL databáze a vypisování přijatých výsledků do aktivního listu sešitu nebo dokumentu. Add-In zprostředkovává snadný přístup do Konferenční databáze Ústavu automatizace a informatiky pro obvyklé SQL dotazy. Add-In může být překonfigurován pro práci s jinou databází bez zásahu do zdrojového kódu.This bachelor thesis focus on development and implementation of the Add-In for Microsoft Excel and Microsoft Word programs for a straight-forward access to the SQL database and writing results into an active worksheet or document. The Add-In creates user-friendly access into the Conference database for Institute of Automation and Computer Science for frequently used SQL queries. The Add-In can be reconfigured to be aligned for work with another database without change to the source code.
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