Is there a EU Copyright Jurispruence? An empirical analysis of the workings of the European Court of Justice

The Court of Justice of the European Union has seen a dramatic and controversial increase in copyright cases during the last decade. This study investigates empirically two claims: (i) that the Court has failed to develop a coherent copyright jurisprudence (lacking domain expertise, copyright specific reasoning, and predictability); (ii) that the Court has pursued an activist, harmonising agenda (resorting to teleological interpretation of European law).We analyse the allocation of copyright and database right cases by Chambers of the Court, Advocate General (AG) and Reporting Judge, and investigate the biographical background of the Judges and AGs sitting. We trace patterns of reasoning in the Court’s approach through quantitative content analysis. We identify the legal topoi that are employed in the opinions and decisions, and then link the occurrence of these topoi to the outcome of each case. The results show that private law and in particular intellectual property law expertise is almost entirely missing from the Court. However, we find that the Court has developed a mechanism for enabling judicial learning through the systematic assignment of cases to certain Judges and AGs. We also find that the Court has developed a “fair balance” topos linked to judge Malenovský (rapporteur on 24 out of 40 copyright cases) that does not predict an agenda of upward harmonisation, with about half of judgements narrowing rather than widening the scope of copyright protection

Phylogeny and expression analysis of C-reactive protein (CRP) and serum amyloid-P (SAP) like genes reveal two distinct groups in fish

This work was funded by British Society of Animal Science/Genesis Faraday to both SAM and SB Immune control of energy reallocation in fish and a BBSRC Research Experience Placements (2010).Peer reviewedPublisher PD

Activity related energy expenditure, appetite and energy intake. Potential implications for weight management

The aim was to investigate relationships between activity related energy expenditure (AREE), appetite ratings and energy intake (EI) in a sample of 40 male (26.4years; BMI 23.5kg/m2) and 42 female (26.9years; BMI 22.4kg/m2) participants. AREE was expressed as the residual value of the regression between total daily EE (by doubly labeled water) and resting EE (by indirect calorimetry). EI was measured using an ad libitum buffet meal and visual analogue scales measured subjective appetite ratings before and after the meal. AREE was divided into low, middle and high sex-specific tertiles. General linear models were used to investigate differences in appetite ratings and EI across AREE tertiles. Before the meal, males in the high AREE tertile had significantly lower desire to eat and lower prospective food consumption and higher feelings of fullness compared to those in the low tertile. Males in the middle tertile had significantly higher satiety quotients after the meal and lower EI compared to the other tertiles. No significant differences across tertiles were found in females. Sex differences in relationships between AREE, appetite ratings and EI may lead to differing patterns of EI and subsequent weight maintenance

Fuzzy cellular model for on-line traffic simulation

This paper introduces a fuzzy cellular model of road traffic that was intended for on-line applications in traffic control. The presented model uses fuzzy sets theory to deal with uncertainty of both input data and simulation results. Vehicles are modelled individually, thus various classes of them can be taken into consideration. In the proposed approach, all parameters of vehicles are described by means of fuzzy numbers. The model was implemented in a simulation of vehicles queue discharge process. Changes of the queue length were analysed in this experiment and compared to the results of NaSch cellular automata model.Comment: The original publication is available at http://www.springerlink.co

Dynamic Cell Mapping Algorithm for Computing Basins of Attraction in Planar Filippov Systems

Discontinuities are a common feature of physical models in engineering and biological systems, e.g. stick-slip due to friction, electrical relays or gene regulatory networks. The computation of basins of attraction of such nonsmooth systems is challenging and requires special treatments, especially regarding numerical integration. In this paper, we present a numerical routine for computing basins of attraction (BA) in nonsmooth systems with sliding, (so-called Filippov systems). In particular, we extend the Simple Cell Mapping (SCM) method to cope with the presence of sliding solutions by exploiting an event-driven numerical integration routine specifically written for Filippov systems. Our algorithm encompasses a method for dynamic construction of the cell state space so that a lower number of integration steps are required. Moreover, we incorporate an adaptive strategy of the simulation time to render more efficiently the computation of basins of attraction. We illustrate the effectiveness of our algorithm by computing basins of attraction of a sliding control problem and a dry-friction oscillator

Quantum magneto-oscillations in a two-dimensional Fermi liquid

Quantum magneto-oscillations provide a powerfull tool for quantifying Fermi-liquid parameters of metals. In particular, the quasiparticle effective mass and spin susceptibility are extracted from the experiment using the Lifshitz-Kosevich formula, derived under the assumption that the properties of the system in a non-zero magnetic field are determined uniquely by the zero-field Fermi-liquid state. This assumption is valid in 3D but, generally speaking, erroneous in 2D where the Lifshitz-Kosevich formula may be applied only if the oscillations are strongly damped by thermal smearing and disorder. In this work, the effects of interactions and disorder on the amplitude of magneto-oscillations in 2D are studied. It is found that the effective mass diverges logarithmically with decreasing temperature signaling a deviation from the Fermi-liquid behavior. It is also shown that the quasiparticle lifetime due to inelastic interactions does not enter the oscillation amplitude, although these interactions do renormalize the effective mass. This result provides a generalization of the Fowler-Prange theorem formulated originally for the electron-phonon interaction.Comment: 4 pages, 1 figur

Connection between dynamically derived initial mass function normalization and stellar population parameters

Date of Acceptance: 10/08/2014We report on empirical trends between the dynamically determined stellar initial mass function (IMF) and stellar population properties for a complete, volume-limited sample of 260 early-type galaxies from the ATLAS3D project. We study trends between our dynamically derived IMF normalization αdyn ≡ (M/L)stars/(M/L)Salp and absorption line strengths, and interpret these via single stellar population-equivalent ages, abundance ratios (measured as [α/Fe]), and total metallicity, [Z/H]. We find that old and alpha-enhanced galaxies tend to have on average heavier (Salpeter-like) mass normalization of the IMF, but stellar population does not appear to be a good predictor of the IMF, with a large range of αdyn at a given population parameter. As a result, we find weak αdyn-[α/Fe] and αdyn -Age correlations and no significant αdyn -[Z/H] correlation. The observed trends appear significantly weaker than those reported in studies that measure the IMF normalization via the low-mass star demographics inferred through stellar spectral analysis.Peer reviewe

The ATLAS3D project - XXVI : H I discs in real and simulated fast and slow rotators

One quarter of all nearby early-type galaxies (ETGs) outside Virgo host a disc/ring of H I with size from a few to tens of kpc and mass up to ∼109 M⊙. Here we investigate whether this H I is related to the presence of a stellar disc within the host making use of the classification of ETGs in fast and slow rotators (FR/SR). We find a large diversity of H I masses and morphologies within both families. Surprisingly, SRs are detected as often, host as much H I and have a similar rate of H I discs/rings as FRs. Accretion of H I is therefore not always linked to the growth of an inner stellar disc. The weak relation between H I and stellar disc is confirmed by their frequent kinematical misalignment in FRs, including cases of polar and counterrotating gas. In SRs the H I is usually polar. This complex picture highlights a diversity of ETG formation histories which may be lost in the relative simplicity of their inner structure and emerges when studying their outer regions. We find that Λ CDM hydrodynamical simulations have difficulties reproducing the H I properties of ETGs. The gas discs formed in simulations are either too massive or too small depending on the star formation feedback implementation. Kinematical misalignments match the observations only qualitatively. The main point of conflict is that nearly all simulated FRs and a large fraction of all simulated SRs host corotating H I. This establishes the H I properties of ETGs as a novel challenge to simulationsPeer reviewedFinal Accepted Versio

Gauge-Invariant Initial Conditions and Early Time Perturbations in Quintessence Universes

We present a systematic treatment of the initial conditions and evolution of cosmological perturbations in a universe containing photons, baryons, neutrinos, cold dark matter, and a scalar quintessence field. By formulating the evolution in terms of a differential equation involving a matrix acting on a vector comprised of the perturbation variables, we can use the familiar language of eigenvalues and eigenvectors. As the largest eigenvalue of the evolution matrix is fourfold degenerate, it follows that there are four dominant modes with non-diverging gravitational potential at early times, corresponding to adiabatic, cold dark matter isocurvature, baryon isocurvature and neutrino isocurvature perturbations. We conclude that quintessence does not lead to an additional independent mode.Comment: Replaced with published version, 12 pages, 2 figure

Schwinger-Keldysh Approach to Disordered and Interacting Electron Systems: Derivation of Finkelstein's Renormalization Group Equations

We develop a dynamical approach based on the Schwinger-Keldysh formalism to derive a field-theoretic description of disordered and interacting electron systems. We calculate within this formalism the perturbative RG equations for interacting electrons expanded around a diffusive Fermi liquid fixed point, as obtained originally by Finkelstein using replicas. The major simplifying feature of this approach, as compared to Finkelstein's is that instead of $N \to 0$ replicas, we only need to consider N=2 species. We compare the dynamical Schwinger-Keldysh approach and the replica methods, and we present a simple and pedagogical RG procedure to obtain Finkelstein's RG equations.Comment: 22 pages, 14 figure