In Defence of a Defence - A Demonstrable Legitimate and Non-Infringing Purpose as a Full Defence to Anti-Circumvention Legislation

In this essay, I will argue that making a demonstrable lawful and non-infringing purpose a full defence to copyright infringement by circumvention of a TPM addresses many of the concerns raised by the currently proposed legislation, while avoiding the pitfalls of directly linking anti-circumvention laws with actual copyright infringement. As the ratification of the WIPO Internet treaties is the foremost concern for this legislation, I will begin with a discussion as to how this model can successfully implement the treaties’ anti-circumvention provisions where the Bill C-60 model may have failed. I will then explain why this model strikes a better balance between the rights of copyright holders and the legitimate interests of users. To do this, I will discuss the implications for fair dealing, addressing how the currently proposed provisions interfere with the fair dealing exceptions found in the Copyright Act while this model does not, as well as the more general issue of whether TPMs are capable of interfering with fair dealing at all. I will also address this model’s implications for the new user exceptions in Bill C-32: in particular how this model negates the need for the TPM exemptions to these exceptions currently found at s. 29.22(1)(c), s. 29.23(1)(b), and s. 29.24(1)(c), and why that is a preferable outcome

Razumevanje inteligentne organizacije

The notion of organisational intelligence is a relatively new one that has come through from the area of management cybernetics, itself concerned with system viability. Intelligent organisations are connected to learning and knowledge organisations. While defining intelligent organisations outside a cybernetic framework is possible, this is not as comprehensive an approach as it might be. An illustration of this is provided by adopting one model of the intelligent organisation, and illustrating how it can succumb to inherent pathologies of the organisation. Key words: Intelligent organisation, strategy, collective intelligence, management cybernetics.Razumevanje inteligentne organizacije Pojem organizacijske inteligence je sorazmerno nov. Nastal je na področju upravljalske kibernetike, ki preučuje sposobnost sistemov za preživetje. Inteligentne organizacije so povezane z organizacijami znanja in učenja. Čeprav se da inteligentne organizacije opredeliti izven kibernetskega okvira, pa to vseeno ni tako vsestranski pristop, kot bi lahko bil. Ponazoritev tega je razvidna iz prevzema enega modela inteligentne organizacije in predstavitve tega, kako ta lahko podleže notranjim patologijam organizacije. Ključne besede: inteligentna organizacija, strategija, kolektivna inteligenca, upravljalska kibernetik

Agency Mindset Theory

A culturally based socio-cognitive agency generic model is developed. The agency has a normative personality with an values/beliefs indicated by its formative traits. These can take bi-polar epistemic values (“enantiomers”). These may be combined together, giving 8 different cognitive types that are personality type mind-sets. These types are influenced by the culture and the social environment that the agency is bound to. The traits can be used to explain the what, why and how of dynamic agency behaviour in complex situations

From Solid Evolution to Liquid Evolution: Challenges to Public Administration and Institutions

This paper aims to explain some forms of development and the relationship between development adaptations. Development has a cultural perspective, and culture can be explored in terms of the relationship between institutional values and norms. Changes in internal and external climate affect and challenge prevailing culture, which includes values, beliefs, and norms. These changes (socio-cultural) have an impact on the social meaning, norms, and development of society. Development within a socio-political context is defined in terms of institutional processes, enabling a wide class of complex situations to be addressed. Development is an adaptive attribute of a changing socio-political agency with interactive ties to its environment. It is connected to globalization, which is part of that environment, as the global COVID-19 pandemic or Ukraine war clearly shows. The period of change creates instability and cultural uncertainty because values may become confused, and so, sociocultural processes may become a liquid society. The changes challenge public administration, public policy, and their capacity to answer changing situations. This study uses Bauman’s idea of a liquid society and Yolles’ Cultural Agency Theory (CAT). A political agent will be generically modeled using CAT, and the neo-institutional processes and their capacity for development will be explored. Keywords: liquid evolution, uncertainty, sensate, Ideational, populis

Decoding the XXI Century\u2019s Marketing Shift: An Agency Theory Framework

Since the beginning of the XXI century, marketing theory has moved through a series of epistemological shifts from modern positivism to postmodern constructivism. This has resulted in a series of changes to the main concepts of \u201ctraditional\u201d marketing such as: market, product, customer, and value. These shifts can be better viewed under a social cybernetics approach such as agency theory. This is because there is now a view that the linear concept of value creation needs to give way to the more complex process of value cocreation, where value is created collectively. Agency theory is one approach that is able to shed light on how customers and providers are able to recursively create collective value during interaction in a market. The theoretical framework provided here is able to provide improved understanding of the interactions betfween (and among) customers and providers in the value cocreation process. In this theory, value cocreation is depicted as an interactive process between a set of \u201cliving system\u201d agencies (providers and customers) in a given market arena. The framework can be an effective tool for the managers involved in marketing to contribute to providers\u2019 policies by supplying a clearer portrait of the systemic relations involved in the value cocreation dynamics

Understanding Culture through Knowledge Cybernetics

These days, countries around the world continue with their process of globalization in the digital business and marketing. However, they find themselves straddling different national cultures, which lead to problems of cross-cultural communication management resulting in, for instance, miscommunication and misunderstanding. Consequently, an understanding of the characterisation or mapping of culture is significant, and while there are not many theories of cultural mapping, most stem from the base work of Hofstede. Basically, most people begin with a categorisation of culture through the creation of an ontology that differentiates relatable levels of reality, as a theory of levels allows culture to be broken down into parts that can be analysed more easily. It also helps them to facilitate the creation of a set of generic or universal dimensions of culture which can be used to map different cultures. However, a problem with this theoretical approach is that it does not offer a very dynamic representation of culture, and it has manifestations that impoverish the way that phenomenal manifestations of culture can be explained. On the other hand, there is an alternative approach was adopted by Schwartz. This approach does not discuss ontology but it creates a value inventory in which respondents assess ‘comprehensive’ cultural values. Consequently, there is some relationship between outcome of Hofstede’s and Schwartz’s results. Yolles has developed a theory of Knowledge Cybernetics that delivers a new ontology and a dynamic modelling approach. Schwartz’s results have been merged into this, resulting in a new theory dynamic theory of culture quite distinct from Hofstede’s level theory

Latin Literature and Frankish Culture in the Crusader States (1098–1187)

The so-called Crusader States established by European settlers in the Levant at the end of the eleventh century gave rise to a variety of Latin literary works, including historiography, sermons, pilgrim guides, monastic literature, and poetry. The first part of this study (Chapter 1) critically reevaluates the Latin literary texts and combines the evidence, including unpublished materials, to chart the development of genres over the course of the twelfth century. The second half of the study (Chapters 2–4) subjects this evidence to a cultural-rhetorical analysis, and asks how Latin literary works, as products by and for a cultural elite, appropriated preexisting materials and developed strategies of their own to construct a Frankish cultural identity of the Levant. Proceeding on three thematically different, but closely interrelated, lines of inquiry, it is argued that authors in the Latin East made cultural claims by drawing on the classical tradition, on the Bible, and on ideas of a Carolingian golden age. Chapter 2 demonstrates that Latin historians drew upon classical traditions to fit the Latin East within established frameworks of history and geography, in which the figures Vespasian and Titus are particularly prevalent. Chapter 3 traces the development of the conception of the Franks in the East as a “People of God” and the use of biblical texts to support this claim, especially the Books of the Maccabees. Chapter 4 explores the extent to which authors drew on the legend of Charlemagne as a bridge between East and West. Although the appearance of similar motifs signals a degree of cultural unity among the authors writing in the Latin East, there is an abundant variety in the way they are utilized, inasmuch as they are dynamic rhetorical strategies open to adaptation to differing exigencies. New monastic and ecclesiastical institutions produced Latin writings that demonstrate an urge to establish political and religious authority. While these struggles for power resemble to some extent those between secular and ecclesiastical authorities and institutions in Western Europe, the literary topoi the authors draw upon are specific to their new locale, and represent the creation of a new cultural-literary tradition.Classic

Understanding Corporate Life-Cycles

This paper considers the nature of the dominant corporate paradigm, its change, failures or successes, and its relationship with the homeostatic organization. There is a popular way of understanding the dynamics of organizational change and that is through the pre-configured sequence of stages in a corporate life-cycle. Through there are a number of competing models for this kind of analysis. In all of them, the sequence of stages is defined by that which configures the life-cycle deterministically. However, there is little discussion given for how these models of organizations shift between stages, and none appear to dominate in the literature. A major criticism of these models is that they do not represent complex organizational processes of change. Therefore, this paper represents an alternative model, called “the paradigm life-cycleâ€, which is connected to the homeostatic processes that maintain an organization, and which is, in principle, capable of generating corporate life-cycles under conditions of complexity.&nbsp

Towards Expanding Open Learning for Special Needs

A number of demands exist in respect of higher education. One is its efficient and effective provision to groups which do not normally have easy access to it; the disabled are one of these groups. Another demand relates to the European context, overcoming the problems of a heterogeneous European educational system. The use of computer delivered interactive transcultural European open/distance learning courses is identified as one way to satisfy these demands