126 research outputs found

    Profits in Cyberspace: Should Newspaper and Magazine Publishers Pay Freelance Writers for Digital Content?

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    It is remarkable how fast recent trends have driven an increasing number of publishers of magazines, newspapers, and other similar works to port the print version of their works to digital and electronic format in the form of online computer databases and multimedia CDROM technologies. Online computer databases and CD-ROM media can be exceptionally profitable ventures for publishers who convert a preexisting print work into a digital product. However, publishers\u27 profits from digital media may be impaired if there is a question as to whether the publisher has satisfactorily secured the copyright to the material making up the digital media. Often, copyright issues in the context of new technologies present parties with novel questions that have uncertain answers. This is due to the development of new technologies outpacing the ability of copyright law to formulate coherent doctrines on important issues such as what is copyrightable, what constitutes copyright infringement, and who owns the copyright in what has been developed. This is particularly troublesome in Cyberspace, where digital transmission of media content has the potential to both evade enforcement efforts relating to copyright interests and undermine the very principles upon which copyright laws are based. Copyright law affects relations between producers of content and the writers, artists, computer programmers, and others who actually create the content or works upon which entertainment products, computer databases and web sites are based. This has been made evident by a recent Federal district court decision in New York: Tasini v. New York Times. The Tasini decision is actually limited to a narrow range of facts, but the issues that arise from Tasini are as broad as Cyberspace. Tasini, if upheld, would have the detrimental effect of curtailing development of content on web sites, which rely upon articles, graphic images, photos, and other creative works developed by freelancers offline who would have no incentive to cooperatively permit the publication of their works online or in Cyberspace; in fact, Tasini has already caused significant opposition to such. More important, print publications such as traditional newspapers and magazines who unwittingly rely upon Tasini to force freelance writers into unfavorable contracts risk pushing an increasing number of valuable talent into the computer--distributed news business--a business which not only exalts utilitarian journalism over traditional news stories, but which also is predicted to take advantage of the cultural shift being created by digital media by amassing complete control over news delivery and dislocating most revenue streams for print newspapers and news weeklies. Tasini was wrongly decided. Tasini made implicit assumptions about the nature of Lexis-Nexis computer databases and CD-ROM products that were not warranted or supported by the court\u27s findings. The contents of a CD-ROM product or an online database must be accessed by use of program code. Yet, the court never addressed why the fact that these works contained presumably hundreds, if not thousands, of lines of code which do not appear in the printed version of the collective work is insignificant to the determination that the digital products are only revisions of their printed precursors. This fundamental flaw in the court\u27s analysis should render the decision of little application to similar questions in Cyberspace. In addition, the court\u27s reliance on selection and arrangement factors, commonly used to analyze the copyright status of factual compilations, was ill-chosen for a case where, as in Tasini, the compilation is claimed to be a revised collective work and the compilation exists in a format that renders its selection or arrangement insignificant to the user of the work. More important, the principles supported by the decision are wrong-headed and, if adopted by other courts, could have a devastating impact upon the future development of digital content

    Profits in Cyberspace: Should Newspaper and Magazine Publishers Pay Freelance Writers for Digital Content?

    Get PDF
    It is remarkable how fast recent trends have driven an increasing number of publishers of magazines, newspapers, and other similar works to port the print version of their works to digital and electronic format in the form of online computer databases and multimedia CDROM technologies. Online computer databases and CD-ROM media can be exceptionally profitable ventures for publishers who convert a preexisting print work into a digital product. However, publishers\u27 profits from digital media may be impaired if there is a question as to whether the publisher has satisfactorily secured the copyright to the material making up the digital media. Often, copyright issues in the context of new technologies present parties with novel questions that have uncertain answers. This is due to the development of new technologies outpacing the ability of copyright law to formulate coherent doctrines on important issues such as what is copyrightable, what constitutes copyright infringement, and who owns the copyright in what has been developed. This is particularly troublesome in Cyberspace, where digital transmission of media content has the potential to both evade enforcement efforts relating to copyright interests and undermine the very principles upon which copyright laws are based. Copyright law affects relations between producers of content and the writers, artists, computer programmers, and others who actually create the content or works upon which entertainment products, computer databases and web sites are based. This has been made evident by a recent Federal district court decision in New York: Tasini v. New York Times. The Tasini decision is actually limited to a narrow range of facts, but the issues that arise from Tasini are as broad as Cyberspace. Tasini, if upheld, would have the detrimental effect of curtailing development of content on web sites, which rely upon articles, graphic images, photos, and other creative works developed by freelancers offline who would have no incentive to cooperatively permit the publication of their works online or in Cyberspace; in fact, Tasini has already caused significant opposition to such. More important, print publications such as traditional newspapers and magazines who unwittingly rely upon Tasini to force freelance writers into unfavorable contracts risk pushing an increasing number of valuable talent into the computer--distributed news business--a business which not only exalts utilitarian journalism over traditional news stories, but which also is predicted to take advantage of the cultural shift being created by digital media by amassing complete control over news delivery and dislocating most revenue streams for print newspapers and news weeklies. Tasini was wrongly decided. Tasini made implicit assumptions about the nature of Lexis-Nexis computer databases and CD-ROM products that were not warranted or supported by the court\u27s findings. The contents of a CD-ROM product or an online database must be accessed by use of program code. Yet, the court never addressed why the fact that these works contained presumably hundreds, if not thousands, of lines of code which do not appear in the printed version of the collective work is insignificant to the determination that the digital products are only revisions of their printed precursors. This fundamental flaw in the court\u27s analysis should render the decision of little application to similar questions in Cyberspace. In addition, the court\u27s reliance on selection and arrangement factors, commonly used to analyze the copyright status of factual compilations, was ill-chosen for a case where, as in Tasini, the compilation is claimed to be a revised collective work and the compilation exists in a format that renders its selection or arrangement insignificant to the user of the work. More important, the principles supported by the decision are wrong-headed and, if adopted by other courts, could have a devastating impact upon the future development of digital content

    Particle-in-cell simulation of an electron shock wave in a rapid rise time plasma immersion ion implantation process

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    A one-dimensional Monte Carlo collision–particle-in-cell plasma computer code was used to simulate plasma immersion ion implantation by applying a negative voltage pulse to the substrate while the reactor wall is grounded. The results presented here show the effect of short rise time pulses: for rise times shorter than the electron plasma period (typically 5ns∕kV), an electron shock wave is observed where a rapidly expanding sheath heats the electrons up to high energies. Many of these fast electrons are expelled from the plasma leading to a high plasma potential and thus to a high surface electric field on the earthed electrode which could give rise to non-negligible electron field emission

    Observations of a mode transition in a hydrogen hollow cathode discharge using phase resolved optical emission spectroscopy

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    Two distinct operational modes are observed in a radio frequency (rf) low pressure hydrogen hollow cathode discharge. The mode transition is characterised by a change in total light emission and differing expansion structures. An intensified CCD camera is used to make phase resolved images of Balmer α emission from the discharge. The low emission mode is consistent with a typical γ discharge, and appears to be driven by secondary electrons ejected from the cathode surface. The bright mode displays characteristics common to an inductive discharge, including increased optical emission, power factor, and temperature of the H2 gas. The bright mode precipitates the formation of a stationary shock in the expansion, observed as a dark region adjacent to the source-chamber interface.This research was partially funded by the Australian Research Council Discovery Project (DP1096653)

    Symbiotic Legume Nodules Employ Both Rhizobial Exo- and Endo-Hydrogenases to Recycle Hydrogen Produced by Nitrogen Fixation

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    BACKGROUND: In symbiotic legume nodules, endosymbiotic rhizobia (bacteroids) fix atmospheric N(2), an ATP-dependent catalytic process yielding stoichiometric ammonium and hydrogen gas (H(2)). While in most legume nodules this H(2) is quantitatively evolved, which loss drains metabolic energy, certain bacteroid strains employ uptake hydrogenase activity and thus evolve little or no H(2). Rather, endogenous H(2) is efficiently respired at the expense of O(2), driving oxidative phosphorylation, recouping ATP used for H(2) production, and increasing the efficiency of symbiotic nodule N(2) fixation. In many ensuing investigations since its discovery as a physiological process, bacteroid uptake hydrogenase activity has been presumed a single entity. METHODOLOGY/PRINCIPAL FINDINGS: Azorhizobium caulinodans, the nodule endosymbiont of Sesbania rostrata stems and roots, possesses both orthodox respiratory (exo-)hydrogenase and novel (endo-)hydrogenase activities. These two respiratory hydrogenases are structurally quite distinct and encoded by disparate, unlinked gene-sets. As shown here, in S. rostrata symbiotic nodules, haploid A. caulinodans bacteroids carrying single knockout alleles in either exo- or-endo-hydrogenase structural genes, like the wild-type parent, evolve no detectable H(2) and thus are fully competent for endogenous H(2) recycling. Whereas, nodules formed with A. caulinodans exo-, endo-hydrogenase double-mutants evolve endogenous H(2) quantitatively and thus suffer complete loss of H(2) recycling capability. More generally, from bioinformatic analyses, diazotrophic microaerophiles, including rhizobia, which respire H(2) may carry both exo- and endo-hydrogenase gene-sets. CONCLUSIONS/SIGNIFICANCE: In symbiotic S. rostrata nodules, A. caulinodans bacteroids can use either respiratory hydrogenase to recycle endogenous H(2) produced by N(2) fixation. Thus, H(2) recycling by symbiotic legume nodules may involve multiple respiratory hydrogenases

    Long-term air pollution exposure and self-reported morbidity: A longitudinal analysis from the Thai cohort study (TCS)

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    [Background] Several studies have shown the health effects of air pollutants, especially in China, North American and Western European countries. But longitudinal cohort studies focused on health effects of long-term air pollution exposure are still limited in Southeast Asian countries where sources of air pollution, weather conditions, and demographic characteristics are different. The present study examined the association between long-term exposure to air pollution and self-reported morbidities in participants of the Thai cohort study (TCS) in Bangkok metropolitan region (BMR), Thailand. [Methods] This longitudinal cohort study was conducted for 9 years from 2005 to 2013. Self-reported morbidities in this study included high blood pressure, high blood cholesterol, and diabetes. Air pollution data were obtained from the Thai government Pollution Control Department (PCD). Particles with diameters ≤10 μm (PM₁₀), sulfur dioxide (SO₂), nitrogen dioxide (NO₂), ozone (O₃), and carbon monoxide (CO) exposures were estimated with ordinary kriging method using 22 background and 7 traffic monitoring stations in BMR during 2005–2013. Long-term exposure periods to air pollution for each subject was averaged as the same period of person-time. Cox proportional hazards models were used to examine the association between long-term air pollution exposure with self-reported high blood pressure, high blood cholesterol, diabetes. Results of self-reported morbidity were presented as hazard ratios (HRs) per interquartile range (IQR) increase in PM₁₀, O₃, NO₂, SO₂, and CO. [Results] After controlling for potential confounders, we found that an IQR increase in PM₁₀ was significantly associated with self-reported high blood pressure (HR = 1.13, 95% CI: 1.04, 1.23) and high blood cholesterol (HR = 1.07, 95%CI: 1.02, 1.12), but not with diabetes (HR = 1.05, 95%CI: 0.91, 1.21). SO₂ was also positively associated with self-reported high blood pressure (HR = 1.22, 95%CI: 1.08, 1.38), high blood cholesterol (HR = 1.20, 95%CI: 1.11, 1.30), and diabetes (HR = 1.21, 95%CI: 0.92, 1.60). Moreover, we observed a positive association between CO and self-reported high blood pressure (HR = 1.07, 95%CI: 1.00, 1.15), but not for other diseases. However, self-reported morbidities were not associated with O₃ and NO₂. [Conclusions] Long-term exposure to air pollution, especially for PM₁₀ and SO₂ was associated with self-reported high blood pressure, high blood cholesterol, and diabetes in subjects of TCS. Our study supports that exposure to air pollution increases cardiovascular disease risk factors for younger population

    Prioritization of knowledge-needs to achieve best practices for bottom trawling in relation to seabed habitats

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    Management and technical approaches that achieve a sustainable level of fish production while at the same time minimizing or limiting the wider ecological effects caused through fishing gear contact with the seabed might be considered to be ‘best practice’. To identify future knowledge-needs that would help to support a transition towards the adoption of best practices for trawling, a prioritization exercise was undertaken with a group of 39 practitioners from the seafood industry and management, and 13 research scientists who have an active research interest in bottom-trawl and dredge fisheries. A list of 108 knowledge-needs related to trawl and dredge fisheries was developed in conjunction with an ‘expert task force’. The long list was further refined through a three stage process of voting and scoring, including discussions of each knowledge-need. The top 25 knowledge-needs are presented, as scored separately by practitioners and scientists. There was considerable consistency in the priorities identified by these two groups. The top priority knowledge-need to improve current understanding on the distribution and extent of different habitat types also reinforced the concomitant need for the provision and access to data on the spatial and temporal distribution of all forms of towed bottom-fishing activities. Many of the other top 25 knowledge-needs concerned the evaluation of different management approaches or implementation of different fishing practices, particularly those that explore trade-offs between effects of bottom trawling on biodiversity and ecosystem services and the benefits of fish production as food.Fil: Kaiser, Michel J.. Bangor University; Reino UnidoFil: Hilborn, Ray. University of Washington; Estados UnidosFil: Jennings, Simon. Fisheries and Aquaculture Science; Reino UnidoFil: Amaroso, Ricky. University of Washington; Estados UnidosFil: Andersen, Michael. Danish Fishermen; DinamarcaFil: Balliet, Kris. Sustainable Fisheries Partnership; Estados UnidosFil: Barratt, Eric. Sanford Limited; Nueva ZelandaFil: Bergstad, Odd A. Institute of Marine Research; NoruegaFil: Bishop, Stephen. Independent Fisheries Ltd; Nueva ZelandaFil: Bostrom, Jodi L. Marine Stewardship Council; Reino UnidoFil: Boyd, Catherine. Clearwater Seafoods; CanadáFil: Bruce, Eduardo A. Friosur S.A.; ChileFil: Burden, Merrick. Marine Conservation Alliance; Estados UnidosFil: Carey, Chris. Independent Fisheries Ltd.; Estados UnidosFil: Clermont, Jason. New England Aquarium; Estados UnidosFil: Collie, Jeremy S. University of Rhode Island,; Estados UnidosFil: Delahunty, Antony. National Federation of Fishermen; Reino UnidoFil: Dixon, Jacqui. Pacific Andes International Holdings Limited; ChinaFil: Eayrs, Steve. Gulf of Maine Research Institute; Estados UnidosFil: Edwards, Nigel. Seachill Ltd.; Reino UnidoFil: Fujita, Rod. Environmental Defense Fund; Reino UnidoFil: Gauvin, John. Alaska Seafood Cooperative; Estados UnidosFil: Gleason, Mary. The Nature Conservancy; Estados UnidosFil: Harris, Brad. Alaska Pacific University; Estados UnidosFil: He, Pingguo. University of Massachusetts Dartmouth; Estados UnidosFil: Hiddink, Jan G. Bangor University; Reino UnidoFil: Hughes, Kathryn M. Bangor University; Reino UnidoFil: Inostroza, Mario. EMDEPES; ChileFil: Kenny, Andrew. Fisheries and Aquaculture Science; Reino UnidoFil: Kritzer, Jake. Environmental Defense Fund; Estados UnidosFil: Kuntzsch, Volker. Sanford Limited; Estados UnidosFil: Lasta, Mario. Diag. Montegrande N° 7078. Mar del Plata; ArgentinaFil: Lopez, Ivan. Confederacion Española de Pesca; EspañaFil: Loveridge, Craig. South Pacific Regional Fisheries Management Organisation; Nueva ZelandaFil: Lynch, Don. Gorton; Estados UnidosFil: Masters, Jim. Marine Conservation Society; Reino UnidoFil: Mazor, Tessa. CSIRO Marine and Atmospheric Research; AustraliaFil: McConnaughey, Robert A. US National Marine Fisheries Service; Estados UnidosFil: Moenne, Marcel. Pacificblu; ChileFil: Francis. Marine Scotland Science; Reino UnidoFil: Nimick, Aileen M. Alaska Pacific University; Estados UnidosFil: Olsen, Alex. A. Espersen; DinamarcaFil: Parker, David. Young; Reino UnidoFil: Parma, Ana María. Consejo Nacional de Investigaciones Científicas y Técnicas. Centro Nacional Patagónico; ArgentinaFil: Penney, Christine. Clearwater Seafoods; CanadáFil: Pierce, David. Massachusetts Division of Marine Fisheries; Estados UnidosFil: Pitcher, Roland. CSIRO Marine and Atmospheric Research; AustraliaFil: Pol, Michael. Massachusetts Division of Marine Fisheries; Estados UnidosFil: Richardson, Ed. Pollock Conservation Cooperative; Estados UnidosFil: Rijnsdorp, Adriaan D. Wageningen IMARES; Países BajosFil: Rilatt, Simon. A. Espersen; DinamarcaFil: Rodmell, Dale P. National Federation of Fishermen's Organisations; Reino UnidoFil: Rose, Craig. FishNext Research; Estados UnidosFil: Sethi, Suresh A. Alaska Pacific University; Estados UnidosFil: Short, Katherine. F.L.O.W. Collaborative; Nueva ZelandaFil: Suuronen, Petri. Fisheries and Aquaculture Department; ItaliaFil: Taylor, Erin. New England Aquarium; Estados UnidosFil: Wallace, Scott. The David Suzuki Foundation; CanadáFil: Webb, Lisa. Gorton's Inc.; Estados UnidosFil: Wickham, Eric. Unit four –1957 McNicoll Avenue; CanadáFil: Wilding, Sam R. Monterey Bay Aquarium; Estados UnidosFil: Wilson, Ashley. Department for Environment; Reino UnidoFil: Winger, Paul. Memorial University Of Newfoundland; CanadáFil: Sutherland, William J. University of Cambridge; Reino Unid
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