Lost in Transit: How Enforcement of Foreign Copyright Judgements Undermines the Right to Research

The ease of travel in the globalized, modern world is a doubleedged sword for the right to research: while research opportunities are bolstered due to information and data traveling extremely easily in the digital world, the right to research may be undermined by the easy travel of foreign copyright judgments between countries. This article analyzes thoroughly, for the first time, the threats posed to the right to research by private international law instruments on recognition and enforcement of foreign copyright judgments. This article uses a theoretical and doctrinal perspective to analyze the matter, demonstrating that the right to research, aimed at promoting innovation and creativity, is an integral part of, and an important balance within, the copyright paradigm. Since the right to research differs from country to country, it is especially vulnerable at the transnational level and is thus susceptible to abusive use of strategic foreign judgment enforcement proceedings. The article demonstrates that the risks to the right to research are intensified by a threefold bias that benefits the copyright holder while disadvantaging researchers, as the right holder is usually the initiator of the proceedings; has the choice of the forum; and has an incentive to request enforcement of the foreign judgment after it is granted—a bias summarized by the acronym ICE. These risks and vulnerabilities justify serious consideration in light of recent efforts to negotiate international instruments on the enforcement of foreign copyright judgments, especially in an age when national courts grant extraterritorial and even global injunctions in the realm of intellectual property. The article conceptualizes the application of private international law rules and notions to copyright law as akin to a legal transplant within copyright law, highlights the risks of such “transplant”, and demonstrates that private international law rules may not only interfere with internal copyright balances, but also undermine, and even nullify, the right to research. The article then outlines possible policy solutions to address these threats both on the national and international levels and, most importantly, proposes that the discussions on any international instrument on the enforcement of foreign copyright judgments take place under the auspices of the World Intellectual Property Organization (WIPO), a copyright-expert forum that will properly protect the right to research

Lost In Transit: How Enforcement of Foreign Copyright Judgements Undermines the Right to Research

The ease of travel in the globalized, modern world is a double-edged sword for the right to research: while research opportunities are bolstered due to information and data traveling extremely easily in the digital world, the right to research may be undermined by the easy travel of foreign copyright judgments between countries. This article analyzes thoroughly, for the first time, the threats posed to the right to research by private international law instruments on recognition and enforcement of foreign copyright judgments. This article uses a theoretical and doctrinal perspective to analyze the matter, demonstrating that the right to research, aimed at promoting innovation and creativity, is an integral part of, and an important balance within, the copyright paradigm. Since the right to research differs from country to country, it is especially vulnerable at the transnational level and is thus susceptible to abusive use of strategic foreign judgment enforcement proceedings. The article demonstrates that the risks to the right to research are intensified by a threefold bias that benefits the copyright holder while disadvantaging researchers, as the right holder is usually the initiator of the proceedings; has the choice of the forum; and has an incentive to request enforcement of the foreign judgment after it is granted—a bias summarized by the acronym ICE. These risks and vulnerabilities justify serious consideration in light of recent efforts to negotiate international instruments on the enforcement of foreign copyright judgments, especially in an age when national courts grant extraterritorial and even global injunctions in the realm of intellectual property. The article conceptualizes the application of private international law rules and notions to copyright law as akin to a legal transplant within copyright law, highlight the risks of such “transplant”, and demonstrating that private international law rules may not only interfere with internal copyright balances, but also undermine, and even nullify, the right to research. The article then outlines possible policy solutions to address these threats both on the national and international levels and, most importantly, proposes that the discussions on any international instrument on the enforcement of foreign copyright judgments take place under the auspices of the World Intellectual Property Organization (WIPO), a copyright-expert forum that will properly protect the right to research

PROPER WORDS TO COMMON WORDS CONVERSION: THE FAMOUS, THE INFAMOUS AND THE GROWTH OF INFORMAL LEXICON

This paper seeks to describe the conversion (one of word formation processes) from proper words to common words in Indonesian. By the time this paper was written, JONRU ‘to lie’ and TEDJO ‘to be reckless’ were quote infamous: the frequency of occurrence was quite productive especially in social media. In terms of the morphological forms, the word formation follows the affix formation in Indonesian. The semantic features of these words refer to the negative prosodies that these words carry, which seem to root from how people assess their quality. I argue that the conversion is aimed at performing evaluation on personal quality regardless of its morphological forms. The trigger of this phenomenon seems to be the events where mass media mostly pay attention to; and this is commonly negative in meaning. Consider also di-munirkan ‘to be assasinated’ and di-gusdurkan ‘to be impeached’ where MUNIR (a human right activist) was assassinated and GUSDUR (4 th Indonesian President) was impeached. There are some other cases when they do not specifically relate to the evaluation but using the person’s fame to make it widely used such as SUDOMO, which is an acronym of Susu Doi Montok (sexy breasts). However, it is important to realize that the objects of the research in this paper 1) are not used in formal situation 2) are productive in a short span of time and 3) are understood in condition that the knowledge is shared among speakers

Golden Dawn and the Right-Wing Extremism in Greece

There is an ongoing controversy as to whether extreme right has been a longstanding political phenomenon in Greece or whether it is associated with the ongoing economic crisis. The first view suggests that the extreme right ideology has been an integral part of modern Greek political history because of its tradition of far-right dictatorships. The other view emphasizes the fact that the extreme right in Greece never actually existed simply because of the lack of a nationalist middle class. In effect, the emergence of Golden Dawn is simply an epiphenomenon of the economic crisis. At the same time, a broad new trend was adopted not only by the mass media but also -unfortunately– the academia in order to expand – by using false criteria - the political boundaries of the extreme right, to characterize as many parties as possible as extreme right. In any case, the years after the fall of the Greek junta (from 1974 until today) there are mainly two right-wing parties in the Greek political life: the “United Nationalist Movement” (ENEK in its Greek acronym), a fridge organisation acted during the mid 80’s and has ceased to exist, and the Golden Dawn, whose electoral success provoked an important political and social debate

Adaptive text mining: Inferring structure from sequences

Text mining is about inferring structure from sequences representing natural language text, and may be defined as the process of analyzing text to extract information that is useful for particular purposes. Although hand-crafted heuristics are a common practical approach for extracting information from text, a general, and generalizable, approach requires adaptive techniques. This paper studies the way in which the adaptive techniques used in text compression can be applied to text mining. It develops several examples: extraction of hierarchical phrase structures from text, identification of keyphrases in documents, locating proper names and quantities of interest in a piece of text, text categorization, word segmentation, acronym extraction, and structure recognition. We conclude that compression forms a sound unifying principle that allows many text mining problems to be tacked adaptively

A Quest to Identify the Emerging Leadership Skills in VUCA World and Investigation of Their Applications in Various Organizational Levels and Security Environments

The theoretical framework of this research is based on “skills approach” that emphasizes the leader’s capabilities (skills, knowledge, and capabilities) that can be learned, taught, and fostered. VUCA (Volatile, Uncertain, Complex and Ambiguous) environment is chosen as the focal point of this research as the leadership skills are extracted from studies referring to such environment. Although the acronym is dominantly used in management and business domains, the military also uses it to describe the complex operational environments like in Iraq and Afghanistan. The identification of individual leadership skills and delivering the right skill, at the right time, to the right individual is the only way to employ the “employee/leader we need” instead of “employee/leader we have.” It is harder than ever to specify with any degree of certainty which skills are required. It is also needed to have quality leaders, who need to qualify as both experts and generalists at the same time. The primary purpose of the research is to identify, categorize the emerging leadership skills required in a VUCA environment, and also to examine how the military officers perceive the identified emerging skills in various security environments and organizational levels. To achieve this, the research employs the hybrid method. The qualitative part delivers a content analysis on the identification and the categorization of emerging leadership skills that feed into the survey instrument used in quantitative part to investigate the relationship between security environments and application of these emerging leadership skills as military officers perceive it. The fact that the primary data is collected from active and retired military officers from various nations, services, and ranks makes this research more noteworthy. This research fills a gap by identifying and categorizing leadership skills that VUCA environment necessitates in broad and practically applicable perspective and also provides empirical evidence to show that military officers favor some leadership skills more than others in the different security environment and organizational level. The findings will contribute to the leadership and organizational management domains by providing a broad and holistic perspective to improve our understanding of leadership skillsets in VUCA environment and by increasing the knowledge on skills and organizational-security context relationship. The results show that retired military officers think statistically significantly different than those on active duty. The results of this research also demonstrate a need to create a better understanding of the VUCA dynamics in military, and the findings can be used as the foundation for further research in the area of VUCA leadership skills