No Public Benefits for \u3cem\u3ePublic Benefit\u3c/em\u3e: The Eleventh Circuit\u27s Narrow Approach to Copyright Registration

In the 2017 case Fourth Estate Public Benefit Corporation v. Wall-Street.com, the United States Court of Appeals for the Eleventh Circuit held that before a plaintiff can bring a claim for copyright infringement under the 1976 Copyright Act, the United States Copyright Office (“Copyright Office”) must officially review the work submitted for registration, and the Register of Copyrights (“the Register”) must accept or refuse to register it. This ruling echoed the United States Court of Appeals for the Tenth Circuit’s similar finding in 2005 in La Resolana Architects, PA, v. Clay Realtors. In contrast, in 2004 and 2010, the United States Courts of Appeals for the Fifth and Ninth Circuits, respectively, held that a plaintiff may commence suit upon filing an application for copyright with the Copyright Office and is not required to wait for approval or refusal from the Register. This Comment argues that the Eleventh Circuit is incorrect in its interpretation of the 1976 Copyright Act. The Tenth and Eleventh Circuits found, incorrectly, that the statute contained plain language that unambiguously supported a complete registration approach. Further, this Comment argues that the statute upon which these holdings rely is ambiguous, and where the absence of plain, unambiguous language supports either approach, public policy and congressional intent are best served by a pro-application approach

Quantitying the Effects of Traffic Calming on Emissions Using on-road Measurement

The objective of this work was to determine the effect of one form of traffic calming on emissions. Traffic calming is aimed at reducing average vehicle speeds, especially in residential neighborhoods, often using physical road obstructions such as speed bumps, but it also results in a higher number of acceleration/deceleration events which in turn yield higher emissions. Testing was undertaken by driving a warmed-up Euro-1 spark ignition passenger car over a set of speed bumps on a level road, and then comparing the emissions output to a noncalmed level road negotiated smoothly at a similar average speed. For the emissions measurements, a novel method was utilized, whereby the vehicle was fitted with a portable Fourier Transform Infrared (FTIR) spectrometer, capable of measuring up to 51 different components in real-time on the road. The results showed that increases in emissions were much greater than was previously reported by other researchers using different techniques. When traffic-calmed results were compared to a smooth non-calmed road, there were substantial increases in CO2 (90%), CO (117%), NOx (195%) and THC (148%). These results form the basis for a good argument against traffic calming using speed bumps, especially for aggressive drivers. Slowing traffic down with speed restrictions enforced by speed cameras is a more environmentally friendly option

Evaluation of a FTIR Emission Measurement System for Legislated Emissions Using a SI Car

A series of chassis dynamometer test trials were conducted to assess the performance of a Fourier Transform Infra Red (FTIR) system developed for on-road vehicle exhaust emissions measurements. Trials used a EURO 1 emission compliant SI passenger car which, alongside the FTIR, was instrumented to allow the routine logging of engine speed, road speed, throttle position, air-fuel ratio, air flow and fuel flow in addition to engine, exhaust and catalyst temperatures. The chassis dynamometer facility incorporated an ‘industry standard’ measurement system comprising MEXA7400 gas analyzer and CVS bag sampling which was the ‘benchmark’ for the evaluation of FTIR legislated gas-phase emissions (CO, NOx, THC and CO2) measurements. Initial steady state measurements demonstrated strong correlations for CO, NOx and THC (R2 of 0.99, 0.97 0.99, respectively) and a good correlation for CO2 (R2 = 0.92). Subsequent transient and total mass emissions measurements from replicate samplings of four different driving cycles (two standard cycles, FTP75 and NEDC, and two novel cycles based on real-world data collected in Leeds) also show good response of FTIR and satisfied agreement between the FTIR and CVS bag sampling measurements. In general, the trial results demonstrate that the on-board FTIR emission measurement system provides reliable in-journey emissions data

Real-world comparison of probe vehicle emissions and fuel consumption using diesel and 5 % biodiesel (B5) blend.

An instrumented EURO I Ford Mondeo was used to perform a real-world comparison of vehicle exhaust (carbon dioxide, carbon monoxide, hydrocarbons and oxides of nitrogen) emissions and fuel consumption for diesel and 5% biodiesel in diesel blend (B5) fuels. Data were collected on multiple replicates of three standardised on-road journeys: (1) A simple urban route; (2) A combined urban/inter-urban route; and, (3) An urban route subject to significant traffic management. At the total journey measurement level, data collected here indicate that replacing diesel with a B5 substitute could result in significant increases in both NOx emissions (8-13%) and fuel consumption (7-8%). However, statistical analysis of probe vehicle data demonstrated the limitations of comparisons based on such total journey measurements, i.e., methods analogous to those used in conventional dynamometer/drive cycle fuel comparison studies. Here, methods based on the comparison of speed/acceleration emissions and fuel consumption maps are presented. Significant variations across the speed/acceleration surface indicated that direct emission and fuel consumption impacts were highly dependent on the journey/drive cycle employed. The emission and fuel consumption maps were used both as descriptive tools to characterise impacts and predictive tools to estimate journey-specific emission and fuel consumption effects