Opting Out: Procedural Fair Use

This article explores the advantages of opt-out plans, and identifies a critical shortcoming in Copyright’s doctrine of Fair Use. The discussion is fueled by a current controversy: In December of 2004, Google, Inc. announced its plan to digitally scan thousands of copyrighted books as part of a massive new digital indexing service. Hedging against possible litigation, Google provided a free and easy opt-out procedure for authors who didn’t want their books scanned. Despite this measure, two major authors’ groups have sued Google, claiming the opt-out plan imposes an unfair burden. This article explores the fairness of established opt-outs in contract law, privacy law, and class action rules. Further, the discussion explores how Copyright already places similar burdens upon authors. Ultimately, these lessons are applied to the Google Book Search problem, and an important new Fair Use consideration is identified

The Impact of Open Source on Pre-Invention Assignment Contracts

This comment studies the implications of open source on pre-invention assignment agreements. Part I analyzes the basis for past enforcement of these contracts, with an eye toward distinctions between open source projects and more traditional commercial endeavors. Part II briefly reviews the history of patents and explores constitutional and contract-based arguments against the pre-invention assignment. Part III begins with a discussion of open source and then explores how this new phenomenon perfectly fulfills the goals behind the Patent Act. With these addressed, the central inquiry of pre-invention assignment agreements, as they could conflict with open source inventions, will be addressed. Ultimately, this comment will show that some rules that preclude open source contributions from being recaptured by employers already exist. In those cases where the law remains ambiguous, it will be argued that such works are a service to the community, and when developed outside the scope of employment, should never become the property of an employer

Did Neoliberalizing West African Forests Produce a New Niche for Ebola?

A recent study introduced a vaccine that controls Ebola Makona, the Zaire ebolavirus variant that has infected 28,000 people in West Africa. We propose that even such successful advances are insufficient for many emergent diseases. We review work hypothesizing that Makona, phenotypically similar to much smaller outbreaks, emerged out of shifts in land use brought about by neoliberal economics. The epidemiological consequences demand a new science that explicitly addresses the foundational processes underlying multispecies health, including the deep-time histories, cultural infrastructure, and global economic geographies driving disease emergence. The approach, for instance, reverses the standard public health practice of segregating emergency responses and the structural context from which outbreaks originate. In Ebola's case, regional neoliberalism may affix the stochastic "friction" of ecological relationships imposed by the forest across populations, which, when above a threshold, keeps the virus from lining up transmission above replacement. Export-led logging, mining, and intensive agriculture may depress such functional noise, permitting novel spillovers larger forces of infection. Mature outbreaks, meanwhile, can continue to circulate even in the face of efficient vaccines. More research on these integral explanations is required, but the narrow albeit welcome success of the vaccine may be used to limit support of such a program.SCOPUS: re.jinfo:eu-repo/semantics/publishe

Physics and application of photon number resolving detectors based on superconducting parallel nanowires

The Parallel Nanowire Detector (PND) is a photon number resolving (PNR) detector which uses spatial multiplexing on a subwavelength scale to provide a single electrical output proportional to the photon number. The basic structure of the PND is the parallel connection of several NbN superconducting nanowires (100 nm-wide, few nm-thick), folded in a meander pattern. PNDs were fabricated on 3-4 nm thick NbN films grown on MgO (TS=400C) substrates by reactive magnetron sputtering in an Ar/N2 gas mixture. The device performance was characterized in terms of speed and sensitivity. PNDs showed a counting rate of 80 MHz and a pulse duration as low as 660ps full width at half maximum (FWHM). Building the histograms of the photoresponse peak, no multiplication noise buildup is observable. Electrical and optical equivalent models of the device were developed in order to study its working principle, define design guidelines, and develop an algorithm to estimate the photon number statistics of an unknown light. In particular, the modeling provides novel insight of the physical limit to the detection efficiency and to the reset time of these detectors. The PND significantly outperforms existing PNR detectors in terms of simplicity, sensitivity, speed, and multiplication noise

High performance NbN nanowire superconducting single photon detectors fabricated on MgO substrates

We demonstrate high-performance nanowire superconducting single photon detectors (SSPDs) on ultrathin NbN films grown at a temperature compatible with monolithic integration. NbN films ranging from 150nm to 3nm in thickness were deposited by dc magnetron sputtering on MgO substrates at 400C. The superconducting properties of NbN films were optimized studying the effects of deposition parameters on film properties. SSPDs were fabricated on high quality NbN films of different thickness (7 to 3nm) deposited under optimal conditions. Electrical and optical characterizations were performed on the SSPDs. The highest QE value measured at 4.2K is 20% at 1300nm

Repetitive proteins from the flagellar cytoskeleton of African trypanosomes are diagnostically useful antigens

Trypanosome infection of mammalian hosts leads, within days, to a strong early response against a small, distinct number of parasite proteins. One of these proteins is the variable surface glycoprotein (VSG). Most of the others are apparently non-variable, intracellular trypanosome proteins. Two of these antigens I2 and I17 are now characterized at the molecular level. Both exhibit a highly repetitive amino acid sequence organization, but they show no sequence similarity either to each other or to any other proteins known to date. Preliminary serological analyses indicate that both allow the early, sensitive and specific detection of infections with different species of trypanosomatids, making them interesting candidates for the development of diagnostic tools for trypanosomiasis detectio