Notice and Remedies in Copyright Licensing

Copyright owners claim the power to designate practically any term of a copyright license as a “condition” enforceable in copyright. In doing so, these licensors purport to translate breach of the most trivial or idiosyncratic term into the basis for a copyright infringement suit. This Article argues that these licenses are most problematic when licensors provide inadequate notice of unexpected terms. License conditions are typically buried in boilerplate that no reasonable consumer reads, and licensors have few incentives to make them more salient. These circumstances not only threaten unwitting users with copyright liability, but also impede copyright’s own goals by casting doubt on the legitimacy of the copyright regime and discouraging the public’s engagement with creative works. Copyright law nonetheless offers courts no effective tools to inquire into the adequacy of notice. Because these agreements arise at a unique intersection of copyright and contract, however, contract law supplies a normative and doctrinal framework that allows courts to demand more effective notice. Contract law is skeptical of supracompensatory remedies – like those that would follow from enforcement of a license condition – and awards them only where understanding and assent are clear. Courts therefore ought to require a heightened standard of notice as a prerequisite to the enforcement of license terms in copyright. This approach would check against licensors’ overreaching. At the same time, it would leave room for parties to experiment with unusual but potentially beneficial licensing arrangements like those championed by the free culture and free software movements. By bringing novel licensing arrangements to light, moreover, this approach subjects licenses to public scrutiny and to discipline through market and political forces

Willard Hurst\u27s Unpublished Manuscript on Law, Technology, and Regulation

It is with a great deal of excitement ( and with thanks to so many contributing colleagues and collaborators over the years ) that we are able to present to the public for the first time a newly published work by one of the great originators of modem legal history and law and society scholarship-James Willard Hurst. Hurst published his last two books, Law and Markets in United States History and Dealing with Statutes, in 1982. And, fittingly, he published his last substantive article--.-a very short comment on The Use of Case Histories -in the Wisconsin Law Review in 1992. In the latter, Hurst took one final parting shot at traditional legal scholarship focused on tales of conspicuous political or constitutional controversies as well as conventional legal histories that tell only of great events and star actors. As a pioneer of both the Wisconsin school of law and society and the Wisconsin monographic tradition in legal history research, Hurst\u27s interests were different. He aimed instead at the larger questions and the deeper causation reflected in the analytical categories that pervaded his mature work: sequence and context, particularity and generality, structures and functions, values and interests, and drift and direction

Chapter Eight - Technology and the Law: The Automobile (by James Willard Hurst)

In this chapter we are going to talk about some of the automobile effects that it has had. Upon the law, and some of the effects that the law has had upon the automobile. We could undoubtedly open up some worthwhile lines of thought, if we talked about the automobile in relation to, certain brooder problems of which it is a part: for example, the effects of the internal combustion the growth engine, or of all types of communication. But we shall have enough on our hands if we stick to the automobile, and even so in the limits of this chapter, we can discuss at any length only the relation of the law and the passenger car. Of the 32 million registered motor vehicles in the United States in 1940, substantially over 27 million were passenger cars, and a little under four and one-half million were motor trucks. Until the middle 1920s the proportion of trucks to passenger cars was much lower than this. Not only as the passenger the center of the auto problem as a matter of gross figures; it was likewise the main aspect of the problem that men saw and reacted to. We may properly focus on it when we try to retrace paths of the law\u27s responses to the motor vehicle

Crystallization of Lead Phosphate in Gel Systems

Lead phosphate crystals were grown in agarose gel at room temperature. Nucleation and crystal growth rates were controlled by changing the density of the gel medium including pure and phosphate gel. Crystalline products in the pure gel layer show equant habit while products formed in the PO43- gel layer show plate-like morphology. Microscopic crystalline products were accompanied by a decrease in pH from 10 to 3 for all reactions studied. Vibrational spectrum indicates that the PO43- ion is distorted and its symmetry is lower than free ion symmetry. Powder diffraction patterns in the pure gel show mixed phases of PbHPO4, Pb3(PO4)3, and Pb5(PO4)3OH consistent with predictions obtained from the PHREEQC program, similar phases appear for product formed in phosphate gel except Pb5(PO4)3OH phase because the higher Pb:P ratio required for the PbHAp phase relative to the Pb3(PO4)2 phase

Reentrant phase behaviour for systems with competition between phase separation and self-assembly

In patchy particle systems where there is competition between the self-assembly of finite clusters and liquid-vapour phase separation, reentrant phase behaviour is observed, with the system passing from a monomeric vapour phase to a region of liquid-vapour phase coexistence and then to a vapour phase of clusters as the temperature is decreased at constant density. Here, we present a classical statistical mechanical approach to the determination of the complete phase diagram of such a system. We model the system as a van der Waals fluid, but one where the monomers can assemble into monodisperse clusters that have no attractive interactions with any of the other species. The resulting phase diagrams show a clear region of reentrance. However, for the most physically reasonable parameter values of the model, this behaviour is restricted to a certain range of density, with phase separation still persisting at high densities.Comment: 13 pages, 10 figure

Noncompliant responding:Comparing exclusion criteria in MTurk personality research to improve data quality

Studies on Amazon Mechanical Turk (MTurk) often include check questions in personality inventories to ensure data quality. However, a subset of MTurk workers may give only meaningful responses to these checks while giving noncompliant responses to the other questions. We demonstrate in an analysis of five MTurk datasets using the statistical approach of Lee and Ashton (2018) that this selectively responsive subset can be detected on the HEXACO personality inventory. Our lower bound estimate is that at least 2% in each sample did not get caught with the check questions while giving noncompliant responses on the personality inventory. Overall, researchers who strive to remove noise due to noncompliant responding may benefit from complementing check questions with a statistical approach

3D multi-resolution mapping of Mars using CASP-GO ON HRSC, CRISM, CTX and HIRISE

Automated large-scale retrieval of stereo photogrammetric DTMs of Mars fall into three categories: use of COTS software such as BAE-SOCET®; private software such as the DLR-VICAR software suite and open source solutions such as the NASA Ames Stereo Pipeline (ASP). We describe here a novel open source system developed on the back of ASP known as CASP-GO (Tao et al., 2018) which has automated and extended ASP to be able to be applied to all modern single-pass or repeat-pass stereo photogrammetric datasets from 21st century systems such as HRSC, CTX and HiRISE, CASP-GO also includes an automated co-registration system which employs HRSC (itself linked to MOLA) as the base-map upon which all other DTMs are co-registered. We show an example here of this automated co-registration system applied to multi-resolution stacks including CRISM images. Several thousand multi-resolution 3D products, Digital Terrain Models (DTMs) and their corresponding orthorectified images (ORIs) have been generated and used in a wide variety of scientific studies, a few examples of which are shown here. Finally, a new method distributing these products providing long-term archiving and ease of access using DOIs is shown employing the ESA-PSA Guest Storage Facility and their corresponding display within the iMars webGIS system

Changes in Exposure to Industrial Air Pollution Across the United States from 1995 to 2004: The Role of Race, Income and Segregation.

At the basis of a large part of the environmental justice literature is an interest in understanding how exposure to industrial toxins varies by race and class. However, since the beginning of this field there have been dramatic declines in air pollution, the toxicity levels of these pollutants, and shifts in the spatial patterns of racial and economic groups. Current work in this field has rarely taking these trends over time into account. Because environmental justice theories in this area are based on industry and how it puts some populations at risk more than others, to understand how these industries are changing over time is important for evaluating the continued usefulness of current theory. This dissertation addresses these limitations by examining the annual exposure to 572 industrial chemicals weighted by their toxicity to human health across the United States for the years 1995 to 2004. Results provide insights into the greater exposure rates of African-Americans compared to non-Hispanic whites and Hispanics, regardless of income. As well as showing that metropolitan areas with greater rates of racial and economic inequality are more likely to have higher pollution exposure rates overall. This work also provides evidence that the ability for metropolitan level racial and economic segregation to explain pollution exposure of the block groups within them is decreasing over time.PHDSociology and Natural Resources and EnvironmentUniversity of Michigan, Horace H. Rackham School of Graduate Studieshttp://deepblue.lib.umich.edu/bitstream/2027.42/97904/1/kerryjoy_1.pd