Copyright Protection for Conceptually Separable Artistic Features Post-\u3ci\u3eStar Athletica\u3c/i\u3e: A Useful Article on Useful Articles

In the wake of the U.S. Supreme Court’s ruling in Star Athletica v. Varsity Brands in 2017, U.S. federal district courts and the Copyright Office Review Board have grappled with the Supreme Court’s reimagined conceptual separability test for determining the copyrightability of artistic aspects of useful articles. An examination of the decisions in the first eighteen months post-Star Athletica reveals district courts have interpreted the Supreme Court’s guidance inconsistently, with some courts adding language to the test and even using overruled portions of previous tests. The author takes an empirical approach to evaluating such decisions and the trends that emerge from them. The examined range begins at the issuance of the Star Athletica decision in March 2017 and ends in mid-October 2018. Because courts continue to struggle to define protectable elements of useful articles despite the Supreme Court’s guidance, the author proposes that Congress should enhance the conceptual separability test in the Next Great Copyright Act. In the meantime, litigants may take some lessons from Star Athletica, such as to examine whether the object even constitutes a useful article and to disregard artistic judgment and the remainder of a useful object aside from the separable design. Also, litigants may consider the guidance that emerges from lower court cases, such as the “primary function” test from Judge Forrest of the Southern District of New York

The Resolved Asteroid Program - Size, shape, and pole of (52) Europa

With the adaptive optics (AO) system on the 10 m Keck-II telescope, we acquired a high quality set of 84 images at 14 epochs of asteroid (52) Europa on 2005 January 20. The epochs covered its rotation period and, by following its changing shape and orientation on the plane of sky, we obtained its triaxial ellipsoid dimensions and spin pole location. An independent determination from images at three epochs obtained in 2007 is in good agreement with these results. By combining these two data sets, along with a single epoch data set obtained in 2003, we have derived a global fit for (52) Europa of diameters (379x330x249) +/- (16x8x10) km, yielding a volume-equivalent spherical-diameter of 315 +/- 7 km, and a rotational pole within 7 deg of [RA; Dec] = [257,+12] in an Equatorial J2000 reference frame (ECJ2000: 255,+35). Using the average of all mass determinations available forEuropa, we derive a density of 1.5 +/- 0.4, typical of C-type asteroids. Comparing our images with the shape model of Michalowski et al. (A&A 416, 2004), derived from optical lightcurves, illustrates excellent agreement, although several edge features visible in the images are not rendered by the model. We therefore derived a complete 3-D description of Europa's shape using the KOALA algorithm by combining our imaging epochs with 4 stellar occultations and 49 lightcurves. We use this 3-D shape model to assess these departures from ellipsoidal shape. Flat facets (possible giant craters) appear to be less distinct on (52) Europa than on other C-types that have been imaged in detail. We show that fewer giant craters, or smaller craters, is consistent with its expected impact history. Overall, asteroid (52) Europa is still well modeled as a smooth triaxial ellipsoid with dimensions constrained by observations obtained over several apparitions.Comment: Accepted for publication in Icaru

Cooperativity in sandpiles: statistics of bridge geometries

Bridges form dynamically in granular media as a result of spatiotemporal inhomogeneities. We classify bridges as linear and complex, and analyse their geometrical characteristics. In particular, we find that the length distribution of linear bridges is exponential. We then turn to the analysis of the orientational distribution of linear bridges and find that, in three dimensions, they are {\it vertically diffusive but horizontally superdiffusive}; thus, when they exist, long linear bridges form `domes'. Our results are in good accord with Monte Carlo simulations of bridge structure; we make predictions for quantities that are experimentally accessible, and suggest that bridges are very closely related to force chains.Comment: 15 pages, 10 figures. Minor changes and update

Producción primaria y la estimación del rendimiento potencial pesquero en el Lago Cocibolca, Nicaragua

Once mediciones de la producción primaria utilizando el método de C14 se realizaron entre los años 1990 y 1998 en el Lago Cocibolca. La producción primaria varió entre 0.5 y 3.1 g C m-2 d-1, registrando los valores promedios más altos durante la estación seca, en comparación con la época de lluvias, con 2.4 y 1.2 g C m-2 d-1, respectivamente. Estas diferencias probablemente se deban a las variaciones en las condiciones hidrográficas, especialmente las relacionadas con el régimen de lluvias de la región. Las diatomeas dominaron durante la estación seca, mientras que, las cianófitas y clorófitas abundaron en número y biomasa durante los meses de mayor precipitación y estabilidad en la columna de agua. La fracción de la Radiación Fotosintéticamente Activa (PAR), absorbida por el fitoplancton fue muy similar en ambas estaciones. Los valores de producción primaria en el Lago Cocibolca y considerando además, el limitado número de datos de nutrientes, lo ubican como un lago eutrófico en la escala trófica. El rendimiento potencial pesquero, estimado por métodos indirectos, es de 50-70 kg ha-1 a-1

Experiences of engaging with mental health services in 16- to 18-year-olds: an interpretative phenomenological analysis

Despite older adolescence being a risk period for the development of mental health concerns, mental health service engagement is low among 16- to 18-year-olds. As therapeutic attendance is linked to clinical outcome, it is important to understand engagement in this population. There is a paucity of research looking specifically at the older adolescent engagement phenomenon. Previous qualitative research into adolescent experiences has provided rich and detailed results. Interpretative phenomenological analysis was chosen as the methodological approach. Ten 16- to 18-year-olds were recruited from two London-based child and adolescent mental health services. Each young person was interviewed to understand his or her personal experience of engaging in mental health services, and associated engagement barriers and facilitators. Interviews were transcribed and underwent analysis. Analysis revealed ten subthemes subsumed within four superordinate themes: engagement begins at help seeking, strength of inner resolve, evolution of the self and in the clinic room. Themes are discussed in detail. Conclusions are drawn in relation to previous theory and research. When considering 16- to 18-year understandings of the engagement phenomena, key elements include clinician and service developmental appropriateness, negotiation of developmental tasks in relation to engagement, experience of the physical building environment, and awareness of service policy. Suggestions for clinical practice in relation to engagement facilitators and threat are made, and recommendations for future research proposed

Pre-discovery observations of CoRoT-1b and CoRoT-2b with the BEST survey

The BEST wide-angle telescope installed at the Observatoire de Haute-Provence and operated in remote control from Berlin by the Institut fuer Planetenforschung, DLR, has observed the CoRoT target fields prior to the mission. The resulting archive of stellar photometric lightcurves is used to search for deep transit events announced during CoRoT's alarm-mode to aid in fast photometric confirmation of these events. The "initial run" field of CoRoT (IRa01) has been observed with BEST in November and December 2006 for 12 nights. The first "long run" field (LRc01) was observed from June to September 2005 for 35 nights. After standard CCD data reduction, aperture photometry has been performed using the ISIS image subtraction method. About 30,000 lightcurves were obtained in each field. Transits of the first detected planets by the CoRoT mission, CoRoT-1b and CoRoT-2b, were found in archived data of the BEST survey and their lightcurves are presented here. Such detections provide useful information at the early stage of the organization of follow-up observations of satellite alarm-mode planet candidates. In addition, no period change was found over ~4 years between the first BEST observation and last available transit observations.Comment: AJ, accepte