A Legal and Theoretical Exploration of How to Regulate Unoriginal Database Contents and Possible Suggestions for Reform

Controversial from its inception, the European Database Directive protects unoriginal contents in contrast to the United States where there is no statutory protection. Despite this extra incentive, empirical evidence seems to indicate that database production in the European Community remains largely unchanged while that in the United States is increasing, at least in the short term. Dissatisfaction with the Directive has sparked efforts to revise database protection policy, including by the European Commission. In order to determine the best method of regulation, three factors are explored in this Ph.D. thesis: the nature of the database industry, regulatory theories emanating from economic analysis of the law and the evidence offered by the US and EC protection regimes. A major insight that emerges is that the productive potential of secondary producers, what the author terms re-users, is being undervalued in Europe. A greater emphasis on access could harness their economic potential. However, this conclusion comes with a twist based upon the American experience. A reduction in statutory protection could result in a switch to production models that emphasize access. But it could also result in models that reduce access even more than at present. In order to ensure a productive future, rigorous monitoring and regulatory adjustment is in order

Unpacking the ‘black box’:Implementation evaluation of interventions to improve motor skill competence in children and adolescents.

Despite the irrefutable evidence of the health benefits of adequate physical activity, children and adolescents worldwide are not sufficiently active. Motor skill competence (MC) has been suggested as integral to individuals being able to competently participate in physical activity. However, levels of MC in children and adolescents are low globally. This is despite the preponderance of effective interventions and initiatives promoting MC in schools (e.g., Physical Education), thus highlighting a potential gap between effective MC interventions and sustained routine practice that benefits the wider population (e.g., integration into teaching practice). The process of integrating effective interventions into practice is defined as implementation. To improve the implementation of MC interventions, and thus their translatability into practice, factors that influence the implementation process need greater focus. Yet, implementation research in MC interventions is underdeveloped and limited. This PhD therefore aimed to improve the understanding of the process(es), factors, and strategies relevant to the implementation of MC interventions into routine practice and provide suggestions regarding implementation evaluation.A systematic review was conducted to investigate how process evaluations (a study that examines the intervention process) have been reported in MC interventions and identify any factors that may impact MC intervention outcomes. Only half of the identified intervention studies (n = 30) reported process evaluation and no studies reported (or employed) theoretical frameworks to guide process evaluation. Common process evaluation measures and potential moderators of MC intervention outcomes were identified in this review, but this was insufficient to fully understand the implementation of MC interventions given process evaluation is underused. Subsequently, a systems science approach, namely Collective Intelligence (CI), was employed in three stakeholder consultations in the UK and Ireland to identify barriers to the implementation and sustainability of school-based MC interventions and their interrelationships, as well as design solutions to the barriers. Critical barriers were identified relating to policy, physical education curriculum, and stakeholders’ knowledge and appreciation. A roadmap of actions was created to inform decisions when supporting implementation of MC interventions. The synthesised findings from the review and CI were then used to develop strategies intended to improve the implementation of a specific MC intervention—Project FLAME, followed by a mixed methods evaluation to understand the influences of the strategies on the implementation of the intervention. Findings highlighted that the intervention could be effectively integrated into routine practice, provided adaptations specific to teachers’ practice and students’ needs are made.This PhD research presents the first systematic inquiry into the implementation evaluation of MC interventions. Findings highlighted the complex and context-specific influences on the implementation and sustainability of interventions. The thesis considers the implications for researchers regarding improving evaluation practice, as well as strategies to improve the implementation of MC interventions into practice

The legal protection of databases from copyright to dataright.

PhDThe vast and sweeping developments, which have occurred recently in the fields of computers, telecommunications and information technologies have stimulated the formation of a new global market of electronic information services and products, in which databases are principal components. Within the context of Intellectual Property Law, these advances challenge the traditional legal rules, resulting in ongoing reforms for adapting the law of intellectual property to the novel environment. Initiatives discussed in this study for determining the appropriate international legal standards for the protection of databases are the Agreement on Trade Related Aspects of Intellectual Property (1994), the present discussions in the World Intellectual Property Organisation (WIPO), and the European Union's Directive on the Legal Protection of Databases (1996). The last initiative constitutes the most comprehensive attempt to resolve the issues involved in the protection of databases within the realm of intellectual property law. A particular reference is made to international copyright law and its adequacy to provide a suitable legal regime for the protection of databases. Furthermore, the rules of database copyright law, as applied in the United Kingdom and the United States, are examined and compared in the light of the anticipated reforms derived from the above-mentioned initiatives. From these explorations, the thesis concludes that copyright law has a limited application in the protection of databases. Moreover, the copyright regime as applied to databases can lead to under-protection of certain databases and over-protection of others. Therefore, a tailor-made intellectual property regime, termed in this study as dataright, must be developed as an adequate response. The dataright regime as introduced in the above European Union Database Directive is thoroughly examined and compared to proposals made by WIPO and by the United States Congress, as well as to alternative models of database protection. The quest for the adequate dataright system is considered as a balance of rights among database producers and users to the extent that incentives for database creation and dissemination are secured without excessive effects on access to information and free competition. The debate of how to achieve this balance has focused on whether the appropriate approach is to adopt unfair competition law, or to introduce a sui generis exclusive-right regime. The thesis demonstrates that whichever starting point is adopted, the results are substantially similar on fundamental points. The research concludes with detailed suggestions towards the adoption of a proposed Dataright Treaty, thus reconciling competing approaches and producing an international database protection system, which is a necessity for the functioning of the global information market

An Analysis of Information Asset Valuation (IAV) Quantification Methodology for Application with Cyber Information Mission Impact Assessment (CIMIA)

The purpose of this research is to develop a standardized Information Asset Valuation (IAV) methodology. The IAV methodology proposes that accurate valuation for an Information Asset (InfoA) is the convergence of information tangible, intangible, and flow attributes to form a functional entity that enhances mission capability. The IAV model attempts to quantify an InfoA to a single value through the summation of weighted criteria. Standardizing the InfoA value criteria will enable decision makers to comparatively analyze dissimilar InfoAs across the tactical, operational, and strategic domains. This research develops the IAV methodology through a review of existing military and non-military valuation methodologies. IAV provides the Air Force (AF) and Department of Defense (DoD) with a standardized methodology that may be utilized enterprise wide when conducting risk and damage assessment and risk management. The IAV methodology is one of the key functions necessary for the Cyber Incident Mission Impact Assessment (CIMIA) program to operationalize a scalable, semi-automated Decision Support System (DSS) tool. The CIMIA DSS intends to provide decision makers with near real-time cyber awareness prior to, during, and post cyber incident situations through documentation of relationships, interdependencies, and criticalities among information assets, the communications infrastructure, and the operations mission impact

Crowdsourcing, Citizen Science or Volunteered Geographic Information? The Current State of Crowdsourced Geographic Information

Citizens are increasingly becoming an important source of geographic information, sometimes entering domains that had until recently been the exclusive realm of authoritative agencies. This activity has a very diverse character as it can, amongst other things, be active or passive, involve spatial or aspatial data and the data provided can be variable in terms of key attributes such as format, description and quality. Unsurprisingly, therefore, there are a variety of terms used to describe data arising from citizens. In this article, the expressions used to describe citizen sensing of geographic information are reviewed and their use over time explored, prior to categorizing them and highlighting key issues in the current state of the subject. The latter involved a review of ~100 Internet sites with particular focus on their thematic topic, the nature of the data and issues such as incentives for contributors. This review suggests that most sites involve active rather than passive contribution, with citizens typically motivated by the desire to aid a worthy cause, often receiving little training. As such, this article provides a snapshot of the role of citizens in crowdsourcing geographic information and a guide to the current status of this rapidly emerging and evolving subject

Digital Information Law - Meaning, Challenge, and Future

Financial markets have most recently been disrupted by the sudden explosion and growth in new Information Technology (InfoTech),6 Data Technology (DataTech),7 Financial Technology (FinTech),8 and Regulatory Technology (RegTech) markets and devices.9 Reference may also be made to the use of technology in the provision of government services (GovTech) and in legal services (LawTech). A number of separate rights and interests can also be created which arise in the context of protecting information.20 All of this becomes of specific importance in the banking and financial area due to the fact that banks and other financial institutions manage accounts on behalf of customers in which information and data is held.21 A significant amount of personal data is collected to support these accounts either for general record, credit assessment, or more specific money laundering purposes.22 Banking and financial services have increasingly become customer information- and data-based.23 Modern financial services can, to a significant extent, be considered to constitute a data processing or managing industry at its core.24 Information is of fundamental importance although it has received less relative attention in terms of law and regulation. Fact and law are distinct in so far as law creates legal rights in accordance with the judicial or legislative framework applicable to any particular society.29 Information is distinct from data, which is defined to refer to information collected or processed within specific limits, guidelines, parameters, constraints, or conditions.30 Data is structured or controlled information.31 Knowledge can then be understood to refer to understanding, appreciation, or awareness.32 This is essentially processed information or data which can be used to secure some identifiable policy objective or purpose.33 Ideas can be considered to constitute mental representations of facts, opinions, or other intellectual abstractions.34 This may include information, data, and knowledge. Information may be subject to some form of statutory control such as in the form of the European Union\u27s General Data Protection Regulation40 and the U.K. Data Protection Act 2018, intellectual property laws, or other computer protection measures

An Economic Analysis of the Intellectual Property Rights of Broadcasting Organisations

This Dissertation provides an analysis of the intellectual property rights of broadcasting organisations – a form of related or neighbouring rights. It gives an account for these rights in terms of international copyright law and economic theory, utilising a Law and Economic approach. A large portion of the dissertation focusses specifically on the topic of broadcast retransmission, and the rights involved

Copyright and digital music collections in South Africa.

Thesis (M.I.S.)-University of KwaZulu-Natal, Pietermaritzburg, 2009.The crux of the research problem for this study pertains to the fact that, as the world moves towards a digital age, it is imperative that we gain insight into the current copyright laws which govern the transferring of music from the old analogue form to the new digital formats. In terms of the research problem, this study explores the South African Copyright Act No. 98 of 1978 as it pertains to the transferring of sound recordings from analogue to digital format. The study also examined digital copyright laws for sound recordings in the United States, the United Kingdom and Australia as well as major copyright conventions and treaties as these international copyright laws impact on the South African situation, especially in terms of reciprocity. Furthermore, the study addressed the issue of balancing the rights between copyright holders and the public good in the preservation and dissemination of knowledge in the digital age. The study employed methodological triangulation which included a literature search, a questionnaire and informal interviews. The population constituted 16 music librarians and two legal librarians who were surveyed. Quantitative and qualitative techniques were employed. Considering the size of the population (18) the results of a self-administered questionnaire were analysed using a calculator. Data collected for the informal interviews was analysed qualitatively. The study revealed that music librarians in South Africa are not well-versed in South African copyright law, especially as it applies to sound recordings. Guidelines, based on the South African Copyright Act No. 98 of 1978, and specifically for South African music librarians, have been formulated concerning both print and the actual sound recordings. It is important for the music librarian to take note that the composition of songs in a sound recording has an individual copyright that is separate from the copyright of the sound recording. Further copyrights can also exist in, for example, the sleeve of an album. It is anticipated that the guidelines will give clarity to music librarians on South African digital copyright legislation with regard to sound recordings