22,051 research outputs found
U.S. Software Protection: Problems of Trade Secret Estoppel under International and Brazilian Technology Transfer Regimes Note
This note describes the fundamental aspects of software protection and applies the requisites of U.S. trade secret protection to software. After explaining how the UNCTAD and Brazilian transfer of technology regimes apply to software licensing arrangements, this note argues that software distribution under these regimes estops U.S. trade secret protection by defeating the requisites of secrecy and competitive advantage. Specifically, the effects of the UNCTAD Draft International Code of Conduct on the Transfer of Technology (UNCTAD Code) and the Brazilian technology transfer regulations are analyzed to demonstrate the difficulties posed by legal regimes being considered and already in force in a number of developing countries. This note concludes with an analysis of some of the possibilities for protection of trade secrets with international softward distribution
Improved Ways to Compare Simulations to Data
Theoretical models for structure formation with Gaussian initial fluctuations
have been worked out in considerable detail and compared with observations on
various scales. It is on nonlinear scales \lsim 10 \ h^{-1}\ {\rm Mpc} that
the greatest differences exist between models that have been
normalized to agree on the largest scales with the COBE data; here especially
there is a need for better statistical tests which are simultaneously {\it
robust}, {\it discriminatory}, and {\it interpretable}. The era at which galaxy
and cluster formation occurs is also a critical test of some models. Needs for
the future include faster and cleverer codes, better control of cosmic variance
in simulations, better understanding of processes leading to galaxy formation,
better ways of comparing observational data with models, and better access to
observational and simulation data.Comment: 9 pages, self-extracting uuencoded postscript, encoded with uufile
Governing Networks and Rule-Making in Cyberspace
The global network environment defies traditional regulatory theories and policymaking practices. At present, policymakers and private sector organizations are searching for appropriate regulatory strategies to encourage and channel the global information infrastructure (“GII”). Most attempts to define new rules for the development of the GII rely on disintegrating concepts of territory and sector, while ignoring the new network and technological borders that transcend national boundaries. The GII creates new models and sources for rules. Policy leadership requires a fresh approach to the governance of global networks. Instead of foundering on old concepts, the GII requires a new paradigm for governance that recognizes the complexity of networks, builds constructive relationships among the various participants (including governments, systems operators, information providers, and citizens), and promotes incentives for the attainment of various public policy objectives in the private sector
Yahoo and Democracy on the Internet
This article examines the French court order requiring Yahoo to prevent French Internet users from accessing images of Nazi memorabilia available for auction on the company\u27s American web site. The article uses the French case to challenge the popular belief that an entirely borderless Internet favors democratic values. The article starts from the premise that while the Internet enables actors to reach a geographically dispersed audience, the Internet should not change the accountability of those actors for their conduct within national borders. The article shows that Yahoo\u27s extensive business in France justifies the application of France\u27s democratically chosen law and argues that the decision has important normative implications for pluralistic democracy on the global network. Namely, the decision promotes technical changes in the Internet architecture that empower democratic states to be able to enforce their freely chosen public policies within their territories. At the same time, the infrastructure changes will not enhance the ability of non-democratic states to pursue repressive policies within their territories in violation of international law. The article shows the French decision as a maturing of the Internet regulatory framework and argues that the policy rules embedded in the technical infrastructure must recognize values adopted by different states and must not be dictated by technical elites
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