Data Access under the Draft Data Act, Competition Law and the DMA: Opening the Data Treasures for Cowmpetition and Innovation?

In the ongoing transformation from ‘industrial capitalism’ towards an ‘informational capitalism’, one of the core challenges is for the law to design and enforce an appropriate legal framework for access to and use of data. Focusing on access to data generated by the use of products or online services (product and online services usage data), the aim of this paper is to describe and systematize the core elements of this legal framework in the making and to provide some guidance on how it could be further developed. Access by the users of products or online services to the individual-level data that their usage generates must be distinguished from access to bundled individual-level and aggregated data by third parties. With regard to data co-generators’ access to individual-level product usage data, the Draft Data Act proposes to create new rights to access that will become part of a new private law infrastructure of data rights. These access rights are granted independently of whether the data holder is dominant. With regard to data co-generators’ access to individual-level services usage data, the Digital Markets Act (DMA) establishes rights of access only vis-à-vis gatekeepers within the meaning of the DMA. Third-party undertakings who request access to bundled individual-level or aggregated data can, as of now, only base their claim on Art. 102 of the Treaty on the Functioning of the European Union (TFEU) and – in the case of search data – on Art. 6(11) DMA. A regulatory approach has been proposed as an alternative. This paper strives to systematize this hodgepodge of approaches and discern the broader principles that can guide the legislature in creating and fleshing out the legal framework for data. Ideally, markets for bundled individual level or aggregated data will emerge based on the rights of data co-generators to access individual-level data. For this to happen, data intermediaries will have to play a larger role and succeed in bundling and marketing such data.Peer Reviewe

Urinary CE-MS peptide marker pattern for detection of solid tumors

Urinary profiling datasets, previously acquired by capillary electrophoresis coupled to mass-spectrometry were investigated to identify a general urinary marker pattern for detection of solid tumors by targeting common systemic events associated with tumor-related inflammation. A total of 2,055 urinary profiles were analyzed, derived from a) a cancer group of patients (n = 969) with bladder, prostate, and pancreatic cancers, renal cell carcinoma, and cholangiocarcinoma and b) a control group of patients with benign diseases (n = 556), inflammatory diseases (n = 199) and healthy individuals (n = 331). Statistical analysis was conducted in a discovery set of 676 cancer cases and 744 controls. 193 peptides differing at statistically significant levels between cases and controls were selected and combined to a multi-dimensional marker pattern using support vector machine algorithms. Independent validation in a set of 635 patients (293 cancer cases and 342 controls) showed an AUC of 0.82. Inclusion of age as independent variable, significantly increased the AUC value to 0.85. Among the identified peptides were mucins, fibrinogen and collagen fragments. Further studies are planned to assess the pattern value to monitor patients for tumor recurrence. In this proof-of-concept study, a general tumor marker pattern was developed to detect cancer based on shared biomarkers, likely indicative of cancer-related features

Gas/particle partitioning of carbonyls in the photooxidation of isoprene and 1,3,5-trimethylbenzene

A new denuder-filter sampling technique has been used to investigate the gas/particle partitioning behaviour of the carbonyl products from the photooxidation of isoprene and 1,3,5-trimethylbenzene. A series of experiments was performed in two atmospheric simulation chambers at atmospheric pressure and ambient temperature in the presence of NOx and at a relative humidity of approximately 50%. The denuder and filter were both coated with the derivatizing agent O-(2,3,4,5,6-pentafluorobenzyl)-hydroxylamine (PFBHA) to enable the efficient collection of gas- and particle-phase carbonyls respectively. The tubes and filters were extracted and carbonyls identified as their oxime derivatives by GC-MS. The carbonyl products identified in the experiments accounted for around 5% and 10% of the mass of secondary organic aerosol formed from the photooxidation of isoprene and 1,3,5-trimethylbenzene respectively. Experimental gas/particle partitioning coefficients were determined for a wide range of carbonyl products formed from the photooxidation of isoprene and 1,3,5-trimethylbenzene and compared with the theoretical values based on standard absorptive partitioning theory. Photooxidation products with a single carbonyl moiety were not observed in the particle phase, but dicarbonyls, and in particular, glyoxal and methylglyoxal, exhibited gas/particle partitioning coefficients several orders of magnitude higher than expected theoretically. These findings support the importance of heterogeneous and particle-phase chemical reactions for SOA formation and growth during the atmospheric degradation of anthropogenic and biogenic hydrocarbons

Performance of diethylene glycol based particle counters in the sub 3 nm size range [Discussion paper]

When studying new particle formation, the uncertainty in determining the "true" nucleation rate is considerably reduced when using Condensation Particle Counters (CPCs) capable of measuring concentrations of aerosol particles at sizes close to or even at the critical cluster size (1–2 nm). Recently CPCs, able to reliably detect particles below 2 nm in size and even close to 1 nm became available. The corrections needed to calculate nucleation rates are substantially reduced compared to scaling the observed formation rate to the nucleation rate at the critical cluster size. However, this improved instrumentation requires a careful characterization of their cut-off size and the shape of the detection efficiency curve because relatively small shifts in the cut-off size can translate into larger relative errors when measuring particles close to the cut-off size. Here we describe the development of two continuous flow CPCs using diethylene glycol (DEG) as the working fluid. The design is based on two TSI 3776 counters. Several sets of measurements to characterize their performance at different temperature settings were carried out. Furthermore two mixing-type Particle Size Magnifiers (PSM) A09 from Airmodus were characterized in parallel. One PSM was operated at the highest mixing ratio (1 L min−1 saturator flow), and the other was operated in a scanning mode, where the mixing ratios are changed periodically, resulting in a range of cut-off sizes. Different test aerosols were generated using a nano-Differential Mobility Analyzer (nano-DMA) or a high resolution DMA, to obtain detection efficiency curves for all four CPCs. One calibration setup included a high resolution mass spectrometer (APi-TOF) for the determination of the chemical composition of the generated clusters. The lowest cut-off sizes were achieved with negatively charged ammonium sulphate clusters, resulting in cut-offs of 1.4 nm for the laminar flow CPCs and 1.2 and 1.1 nm for the PSMs. A comparison of one of the laminar-flow CPCs and one of the PSMs measuring ambient and laboratory air showed good agreement between the instruments

Relating hygroscopicity and composition of organic aerosol particulate matter

A hygroscopicity tandem differential mobility analyzer (HTDMA) was used to measure the water uptake (hygroscopicity) of secondary organic aerosol (SOA) formed during the chemical and photochemical oxidation of several organic precursors in a smog chamber. Electron ionization mass spectra of the non-refractory submicron aerosol were simultaneously determined with an aerosol mass spectrometer (AMS), and correlations between the two different signals were investigated. SOA hygroscopicity was found to strongly correlate with the relative abundance of the ion signal m/z 44 expressed as a fraction of total organic signal (f44). m/z 44 is due mostly to the ion fragment CO2+ for all types of SOA systems studied, and has been previously shown to strongly correlate with organic O/C for ambient and chamber OA. The analysis was also performed on ambient OA from two field experiments at the remote site Jungfraujoch, and the megacity Mexico City, where similar results were found. A simple empirical linear relation between the hygroscopicity of OA at subsaturated RH, as given by the hygroscopic growth factor (GF) or "κorg" parameter, and f44 was determined and is given by κorg=2.2×f44−0.13. This approximation can be further verified and refined as the database for AMS and HTDMA measurements is constantly being expanded around the world. The use of this approximation could introduce an important simplification in the parameterization of hygroscopicity of OA in atmospheric models, since f44 is correlated with the photochemical age of an air mass

Relating hygroscopicity and composition of organic aerosol particulate matter

A hygroscopicity tandem differential mobility analyzer (HTDMA) was used to measure the water uptake (hygroscopicity) of secondary organic aerosol (SOA) formed during the chemical and photochemical oxidation of several organic precursors in a smog chamber. Electron ionization mass spectra of the non-refractory submicron aerosol were simultaneously determined with an aerosol mass spectrometer (AMS), and correlations between the two different signals were investigated. SOA hygroscopicity was found to strongly correlate with the relative abundance of the ion signal m/z 44 expressed as a fraction of total organic signal (f44). m/z 44 is due mostly to the ion fragment CO2+ for all types of SOA systems studied, and has been previously shown to strongly correlate with organic O/C for ambient and chamber OA. The analysis was also performed on ambient OA from two field experiments at the remote site Jungfraujoch, and the megacity Mexico City, where similar results were found. A simple empirical linear relation between the hygroscopicity of OA at subsaturated RH, as given by the hygroscopic growth factor (GF) or "ϰorg" parameter, and f44 was determined and is given by ϰorg = 2.2 × f44 − 0.13. This approximation can be further verified and refined as the database for AMS and HTDMA measurements is constantly being expanded around the world. The use of this approximation could introduce an important simplification in the parameterization of hygroscopicity of OA in atmospheric models, since f44 is correlated with the photochemical age of an air mass

Particle lifting at the soil-air interface by atmospheric pressure excursions in dust devils

Dust devils, small-scale convective vortices found on Earth and on Mars, can transfer substantial quantities of dust from the ground into the atmosphere. It has been proposed that the low-pressure region found at the center of dust devil vortices provides a lift (the �?P' effect) that 'sucks up' material from the surface. Two simple models are compared to investigate the physics behind the ?P effect and the relevance of competing processes. The first considers an impermeable bed of particles where lifting is by vertical pressure gradients, the second considers a permeable bed where lifting is by drag forces on the particles as gas is sucked from the bed. Pressure gradient lifting appears to be far more efficient than drag force lifting. We describe conditions that favor lifting by the ?P effect and make qualitative predictions that might be tested in the laboratory, the field, or through observations from Mars Landers

Shot noise in tunneling transport through molecules and quantum dots

We consider electrical transport through single molecules coupled to metal electrodes via tunneling barriers. Approximating the molecule by the Anderson impurity model as the simplest model which includes Coulomb charging effects, we extend the ``orthodox'' theory to expand current and shot noise systematically order by order in the tunnel couplings. In particular, we show that a combined measurement of current and shot noise reveals detailed information of the system even in the weak-coupling limit, such as the ratio of the tunnel-coupling strengths of the molecule to the left and right electrode, and the presence of the Coulomb charging energy. Our analysis holds for single-level quantum dots as well.Comment: 8 page

Innovationsbarrieren und internationale Standortmobilität: Eine Studie im Auftrag der IG BCE, Chemieverbände Rheinland-Pfalz und der BASF Aktiengesellschaft

Im Zusammenhang mit möglichen Innovationsbarrieren werden die Themen Innovationen durch Nachfrageimpulse (Lead Markt Deutschland), akademisches Humankapital als Innovationsbasis, die Rolle der staatlichen Regulierung, und die FuEAufwendungen durch die öffentliche Hand analysiert. Die Untersuchung der internationalen Standortmobilität erfolgt anhand der Bereiche Direktinvestitionsaktivitäten, Outsoucing im VerarbeitenGewerbe Deutschlands, die deutsche Position im internationalen FuE-Standortwettbewerb multinationaler Unternehmen und die Unternehmensbesteuerung als Standortfaktor. Diesen Untersuchungen vorangestellt wird eine Betrachtung der gegenwärtigen Außenhandelsstrukturen. Da sie die Erfolge der Unternehmen auf dem Weltmarkt widerspiegelt, ist eine Analyse der Außenhandelsstrukturen sehr gut geeignet den Status Quo der internationalen Wettbewerbsfähigkeit deutscher Unternehmen festzustellen. Diese Betrachtung bildet den Ausgangspunkt der Überlegungen zu Innovationsbarrieren und Standortwanderungen

Photon data shed new light upon the GDR spreading width in heavy nuclei

A global study of the electric dipole strength in and below the isovector giant dipole resonance (GDR) is presented for mass numbers A>80. It relies on the recently established remarkably good match between data for the nuclear photo effect to novel photon scattering data covering the region below the neutron emission threshold as well as by average resonance neutron capture (ARC). From the wide energy coverage of these data the correlation of the GDR spreading width with energy can be studied with remarkable accuracy. A clear sensitivity to details of the nuclear shape, i.e. the beta- and gamma-deformations, is demonstrated. Based hereon a new parameterization of the energy dependence of the nuclear electric-dipole strength is proposed which - with only two new parameters - allows to describe the dipole strength in all heavy nuclei with A>80. Although it differs significantly from previous parameterizations it holds for spherical, transitional, triaxial and well deformed nuclei. The GDR spreading width depends in a regular way on the respective resonance energy, but it is independent of the photon energy.Comment: accepted by Phys. Lett. B after minor modification