2,041 research outputs found
The Public Good v. A Monetary Profit: The News Organizationsâ Utilization of the Fair Use Doctrine, 11 J. Marshall Rev. Intell. Prop. L. 841 (2012)
The main purpose of copyright law is to promote the arts and sciences for the public good. The secondary purpose of copyright law is to ensure the copyright holder retains a benefit for their work. Additionally, the Fair Use Doctrine allows a defense to an individual who uses the copyrighted work without permission, so long as a four-factor test under the Doctrine is properly met. The four factors this test analyzes are the Purpose Factor, The Nature of the Work Factor, The Amount Used Factor, and The Effect on the Market Factor. When news organizations have sought protection under the Fair Use Doctrine, this four-factor test has been unfairly weighed against a finding of fair use. The current trend of the courts is to deny news organization protection under the Fair Use Doctrine, because the Purpose Factor and The Effect on the Market Factor weigh against a fair use finding. Consequently, this comment proposes the primary and secondary purposes of copyright law be taken into closer consideration when deciding fair use questions, and the Fair Use Doctrine be amended to provide a fair analysis to news organizations
Understanding contextualised rational action - author's response
Understanding contextualised rational action - author's respons
Open and Notorious: Adverse Possession and Immigration Reform
We suggest that there are reasons to support the patriation of undocumented immigrants without invoking sentimentality, generosity or amnesty, all of which tend to elicit commensurate sanctions and indignance. Instead, we want to confront directly the seemingly airtight presumption of illegality. We will depend in our argument upon a concept in property law. The concept is adverse possession, and in some form or other, it exists in most legal systems throughout the world. Simply put, adverse possession allows a proprietary claim to individuals who have occupied property that is not initially theirs. We will show how the concept of adverse possession can assist immigration progressives to face the legality issue rather than sidestep it, in so doing strengthen the argument for a humane and rational immigration policy
The non-integrability of the Zipoy-Voorhees metric
The low frequency gravitational wave detectors like eLISA/NGO will give us
the opportunity to test whether the supermassive compact objects lying at the
centers of galaxies are indeed Kerr black holes. A way to do such a test is to
compare the gravitational wave signals with templates of perturbed black hole
spacetimes, the so-called bumpy black hole spacetimes. The Zipoy-Voorhees (ZV)
spacetime (known also as the spacetime) can be included in the bumpy
black hole family, because it can be considered as a perturbation of the
Schwarzschild spacetime background. Several authors have suggested that the ZV
metric corresponds to an integrable system. Contrary to this integrability
conjecture, in the present article it is shown by numerical examples that in
general ZV belongs to the family of non-integrable systems.Comment: 10 pages, 13 figure
Regular and Chaotic Motion in General Relativity: The Case of a Massive Magnetic Dipole
Circular motion of particles, dust grains and fluids in the vicinity of
compact objects has been investigated as a model for accretion of gaseous and
dusty environment. Here we further discuss, within the framework of general
relativity, figures of equilibrium of matter under the influence of combined
gravitational and large-scale magnetic fields, assuming that the accreted
material acquires a small electric charge due to interplay of plasma processes
and photoionization. In particular, we employ an exact solution describing the
massive magnetic dipole and we identify the regions of stable motion. We also
investigate situations when the particle dynamics exhibits the onset of chaos.
In order to characterize the measure of chaoticness we employ techniques of
Poincar\'e surfaces of section and of recurrence plots.Comment: 11 pages, 6 figures, published in the proceedings of the conference
"Relativity and Gravitation: 100 Years after Einstein in Prague" (25. - 29.
6. 2012, Prague
Trend in heat gains from office equipment
The contribution describes an approach that can be used during evaluation of a view factor between complex emitter and planar absorber surfaces. Rather than sophisticated mathematical attitude, practical way is offered. The source surface is divided into smaller parts with same surface normal and using some minor assumptions, summary view factor is calculated. The contribution is aimed on an error that can be caused considering these assumptions and further on, on a case study (evaluation of a view factor between ceramic plaques source surface and a photometric sensor), real differences are shown
Dynamics and constraints of the Unified Dark Matter flat cosmologies
We study the dynamics of the scalar field FLRW flat cosmological models
within the framework of the Unified Dark Matter (UDM) scenario. In this model
we find that the main cosmological functions such as the scale factor of the
Universe, the scalar field, the Hubble flow and the equation of state parameter
are defined in terms of hyperbolic functions. These analytical solutions can
accommodate an accelerated expansion, equivalent to either the dark energy or
the standard models. Performing a joint likelihood analysis of the
recent supernovae type Ia data and the Baryonic Acoustic Oscillations traced by
the SDSS galaxies, we place tight constraints on the main cosmological
parameters of the UDM cosmological scenario. Finally, we compare the UDM
scenario with various dark energy models namely cosmology, parametric
dark energy model and variable Chaplygin gas. We find that the UDM scalar field
model provides a large and small scale dynamics which are in fair agreement
with the predictions by the above dark energy models although there are some
differences especially at high redshifts.Comment: 11 pages, 7 figures, published in Physical Review D, 78, 083509,
(2008
Developing a framework for the analysis of power through depotentia
Stakeholder participation in tourism policy-making is usually perceived as providing a means of empowerment. However participatory processes drawing upon stakeholders from traditionally empowered backgrounds may provide the means of removing empowerment from stakeholders. Such an outcome would be in contradiction to the claims that participatory processes improve both inclusivity and sustainability. In order to form an understanding of the sources through which empowerment may be removed, an analytical perspective has been developed deriving from Lukes�s views of power dating from 1974. This perspective considers the concept of depotentia as the removal of �power to� without speculating upon the underlying intent and also provides for the multidimensionality of power to be examined within a single study. The application of this analytical perspective has been tested upon findings of the government-commissioned report of the Countryside and Community Research Unit in 2005. The survey and report investigated the progress of Local Access Forums in England created in response to the Countryside and Rights of Way Act 2000. Consideration of the data from this perspective permits the classification of individual sources of depotentia which can each be addressed and potentially enable stakeholder groups to reverse loss of empowerment where it has occurred
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