Layered Rights: Robertson v. Thomson

In Robertson v. Thomson Corp., the Supreme Court of Canada (‘‘ the Court ’’) considered ‘‘ whether newspaper publishers are entitled as a matter of law to republish in electronic databases freelance articles they have acquired for publication in their newspapers — without compensation to the authors and without their consent’’. Curiously, while deciding that publishers are not entitled to reproduce the individual articles without the consent of the freelancers, it also held that the publishers do have a right to reproduce the articles in a CD- ROM database ‘‘as a part of those collective works — their newspapers . . .’’ independently of whether the scope of authorization of the freelancers extends to reproduction in electronic databases. The Court observed that, at its core, the case concerned competing layered rights of publishers in their newspaper, and free- lancers in their articles contained in the newspaper. In this comment, however, the author argues that by grounding the right of publishers to reproduce news- paper articles in their right to reproduce their newspapers — independently of the scope of the authorization to reproduce the articles — the Court wrongly abandons layered rights as they are ordinarily understood in the Copyright Act

Patenting Part-Human Chimeras, Transgenics And Stem Cells For Transplantation In The United States, Canada, And Europe

The perceived need for part-human materials – considered to be biological materials containing human genetic material for the purposes of this paper – is at least twofold. First, given the continued shortage of human organs and other human biological materials suitable for transplantation, thousands of persons will suffer illness and death each year

The Patriation of .ca

Country code top level domains (‘‘ccTLD’’s), such as .ca, are distinct from generic top-level domains (‘‘gTLD’’s), such as .com, in that they are generally conceived to be associated with a specific country. In Canada, the authority to operate the technical functions of the .ca domain name registry has been delegated to the Canadian Internet Registration Authority (‘‘CIRA’’) by a United States non-profit corporation, the Internet Corporation for Assigned Names and Numbers (‘‘ICANN’’). The authority to make policy regarding the .ca has purportedly been delegated to CIRA by the Government of Canada. There is an issue, however, as to whether ICANN’s delegation of authority to CIRA to manage the technical functions of the .ca reflects a diminished ability of Canada to decide the identity of the .ca registry and, by implication, to control the registry’s operational policies, thereby diminishing Canada’s sovereignty over the .ca domain. While ICANN has been criticized as illegitimate, unfair, anticompetitive and its dispute settlement procedure systematically biased, this paper steps back from those issues and asks whether acknowledging the technical authority of a private foreign entity over the .ca domain is consistent with Canada’s commitment to political sovereignty. For, as Lessig has pointed out, in cyberspace, code (computer hardware and software) is like law in that code regulates how cyberspace behaves. Applying this observation to the DNS, we argue that the structure of the DNS, which enables the U.S. Department of Commerce (‘‘DoC’’) to decide who manages the technical aspects of the .ca, implies that Canada lacks sovereign control over the .ca domain space and related policies and laws

Jumping without slipping: leafhoppers (Hemiptera: Cicadellidae) possess special tarsal structures for jumping from smooth surfaces.

Many hemipteran bugs can jump explosively from plant substrates, which can be very smooth. We therefore analysed the jumping performance of froghoppers (Philaenus spumarius, Aphrophoridae) and leafhoppers (Aphrodes bicinctus/makarovi, Cicadellidae) taking off from smooth (glass) and rough (sandpaper, 30 µm asperity size) surfaces. On glass, the propulsive hind legs of Philaenus froghoppers slipped, resulting in uncontrolled jumps with a fast forward spin, a steeper angle and only a quarter of the velocity compared with jumps from rough surfaces. By contrast, Aphrodes leafhoppers took off without their propulsive hind legs slipping, and reached low take-off angles and high velocities on both substrates. This difference in jumping ability from smooth surfaces can be explained not only by the lower acceleration of the long-legged leafhoppers, but also by the presence of 2-9 soft pad-like structures (platellae) on their hind tarsi, which are absent in froghoppers. High-speed videos of jumping showed that platellae contact the surface briefly (approx. 3 ms) during the acceleration phase. Friction force measurements on individual hind tarsi on glass revealed that at low sliding speeds, both pushing and pulling forces were small, and insufficient to explain the recorded jumps. Only when the tarsi were pushed with higher velocities did the contact area of the platellae increase markedly, and high friction forces were produced, consistent with the observed jumps. Our findings show that leafhoppers have special adhesive footpads for jumping from smooth surfaces, which achieve firm grip and rapid control of attachment/detachment by combining anisotropic friction with velocity dependence

Bremsstrahlung in the gravitational field of a cosmic string

In the framework of QED we investigate the bremsstrahlung process for an electron passing by a straight static cosmic string. This process is precluded in empty Minkowski space-time by energy and momentum conservation laws. It happens in the presence of the cosmic string as a consequence of the conical structure of space, in spite of the flatness of the metric. The cross section and emitted electromagnetic energy are computed and analytic expressions are found for different energies of the incoming electron. The energy interval is divided in three parts depending on whether the energy is just above electron rest mass $M$, much larger than $M$, or exceeds $M/\delta$, with $\delta$ the string mass per unit length in Planck units. We compare our results with those of scalar QED and classical electrodynamics and also with conic pair production process computed earlier.Comment: 21 pages, to appear in Phys. Rev. D., KONS-RGKU-94-0