Defeating the Terminator: How Remastered Albums May Help Record Companies Avoid Copyright Termination

Starting in 2013, copyright owners can begin terminating copyright grants made thirty-five years earlier. In the music industry, this termination right could harm the profits of record companies, which rely on valuable older recordings to drive profits. But all is not lost for these record companies, as termination is not guaranteed. Congress excluded certain types of work from termination, including derivative works. After outlining the standards courts use to determine what constitutes a derivative work and how remastered albums are made, this Note analyzes whether remastered albums will be considered derivative works and thus not subject to termination. The Note concludes that, generally, remastered albums should be considered derivative works. Finally, the Note argues that allowing record companies to continue to utilize these remastered recordings furthers the legislative purposes of both the termination provision and the derivative works exception

\u3cem\u3eTherasense\u3c/em\u3e-less: How the Federal Circuit Let Policy Overtake Precedent in \u3cem\u3eTherasense, Inc. v. Becton, Dickinson & Co.\u3c/em\u3e

On May 25, 2011, in Therasense, Inc. v. Becton, Dickinson & Co., the en banc U.S. Court of Appeals for the Federal Circuit fundamentally restructured the patent law doctrine of inequitable conduct. The court did so by holding that both intent and materiality are required for successfully claiming the defense, and that materiality must be proven by a but-for test, thereby limiting the scope of conduct covered by the doctrine. Although in making this change the court may have helped to curb the over usage of inequitable conduct, it did so by contradicting Supreme Court precedent. Thus, this Comment argues that the Therasense court overstepped its bounds and, in its attempt to limit the doctrine, may have unduly narrowed this equitable defense

Development of a Launch System for Performance Studies of Small Aircraft Models

This paper presents a design of a launching system that can be employed for performance studies on small aircraft models. Further the article describes a design and development of an aircraft model for use with the system. initial analysis and testing of the system using the designed aircraft model will be presented

Nearby Gas-Rich Low Surface Brightness Galaxies

We examine the Fisher-Tully cz<1000 km/s galaxy sample to determine whether it is a complete and representative sample of all galaxy types, including low surface brightness populations, as has been recently claimed. We find that the sample is progressively more incomplete for galaxies with (1) smaller physical diameters at a fixed isophote and (2) lower HI masses. This is likely to lead to a significant undercounting of nearby gas-rich low surface brightness galaxies. However, through comparisons to other samples we can understand how the nearby galaxy counts need to be corrected, and we see some indications of environmental effects that probably result from the local high density of galaxies.Comment: 12 page, 2 figures, to appear in Ap

Diversification of shrub frogs (Rhacophoridae, Pseudophilautus) in Sri Lanka - Timing and geographic context

US National Science Foundation (DEB 0345885) to CJS and JH; National Geographic Society (7612-04) to CJS; and Society of Systematic Biologists Graduate Student Award for Research to MM. MM was also supported by a Harvard University Center for the Environment (HUCE) Ziff Environmental Postdoctoral Fellowship. (DEB 0345885 - US National Science Foundation; 7612-04 - National Geographic Society; Society of Systematic Biologists Graduate Student Award for Research; Harvard University Center for the Environment (HUCE) Ziff Environmental Postdoctoral Fellowship)Accepted manuscrip

Cosmic Shear Results from the Deep Lens Survey - II: Full Cosmological Parameter Constraints from Tomography

We present a tomographic cosmic shear study from the Deep Lens Survey (DLS), which, providing a limiting magnitude r_{lim}~27 (5 sigma), is designed as a pre-cursor Large Synoptic Survey Telescope (LSST) survey with an emphasis on depth. Using five tomographic redshift bins, we study their auto- and cross-correlations to constrain cosmological parameters. We use a luminosity-dependent nonlinear model to account for the astrophysical systematics originating from intrinsic alignments of galaxy shapes. We find that the cosmological leverage of the DLS is among the highest among existing >10 sq. deg cosmic shear surveys. Combining the DLS tomography with the 9-year results of the Wilkinson Microwave Anisotropy Probe (WMAP9) gives Omega_m=0.293_{-0.014}^{+0.012}, sigma_8=0.833_{-0.018}^{+0.011}, H_0=68.6_{-1.2}^{+1.4} km/s/Mpc, and Omega_b=0.0475+-0.0012 for LCDM, reducing the uncertainties of the WMAP9-only constraints by ~50%. When we do not assume flatness for LCDM, we obtain the curvature constraint Omega_k=-0.010_{-0.015}^{+0.013} from the DLS+WMAP9 combination, which however is not well constrained when WMAP9 is used alone. The dark energy equation of state parameter w is tightly constrained when Baryonic Acoustic Oscillation (BAO) data are added, yielding w=-1.02_{-0.09}^{+0.10} with the DLS+WMAP9+BAO joint probe. The addition of supernova constraints further tightens the parameter to w=-1.03+-0.03. Our joint constraints are fully consistent with the final Planck results and also the predictions of a LCDM universe.Comment: Accepted for publication in Ap

Turbulence transition and the edge of chaos in pipe flow

The linear stability of pipe flow implies that only perturbations of sufficient strength will trigger the transition to turbulence. In order to determine this threshold in perturbation amplitude we study the \emph{edge of chaos} which separates perturbations that decay towards the laminar profile and perturbations that trigger turbulence. Using the lifetime as an indicator and methods developed in (Skufca et al, Phys. Rev. Lett. {\bf 96}, 174101 (2006)) we show that superimposed on an overall $1/\Re$-scaling predicted and studied previously there are small, non-monotonic variations reflecting folds in the edge of chaos. By tracing the motion in the edge we find that it is formed by the stable manifold of a unique flow field that is dominated by a pair of downstream vortices, asymmetrically placed towards the wall. The flow field that generates the edge of chaos shows intrinsic chaotic dynamics.Comment: 4 pages, 5 figure