A la recherche du “sens” perdu: Copyrightable Creativity Deconstructed

The primary goal of this article is to show how the concept of “creativity” as defined and applied by courts in copyright cases fails to map any reasonable concept of creativity in certain critical respects. Accordingly, the first charge undertaken here is a deconstructive one—to show the lack of meaningful overlap between the legal definition of creativity and the “actual” meanings of that same term. To undertake this comparison, Part II of this Article focuses on perhaps the more easily determined of these two definitions of the term—“creativity” as defined by courts. Rather than giving an unduly broad berth to this analysis, however, the Article will limit its review to creativity as applied in the context of Feist- based threshold creativity reviews. As a matter of further distillation, such cases will be highlighted where courts rely on an alternatives-based test to find creativity. This very commonly-applied test dictates that a creator’s work is creative under copyright if she enjoyed sufficient alternative means of communicating the idea underlying her work. Part III of the Article will show how the alternatives-based conception of creativity—while perhaps well-meaning and successful in promoting unrelated policy objectives—is ill-suited to measure the presence of actual creativity. This limited fit is demonstrated, in part, via a Proustian hypothetical that reveals inconsistent results between creativity according to courts and creativity in literary practice. Part III also attempts to prove such inconsistencies by drawing on scholarly legal literature on the topic of creativity. Having completed a deconstruction of the legal notion of “creativity,” part IV of this Article concludes on a more constructive, if not wholly restructuring, note by invoking a separate model of creativity that would seem to improve on the views of courts and computers—a model indirectly proposed by the Nobel laureate Bergson in his work The Creative Evolution, among others. Although the Bergsonian model may not be limited to rigid categorization, it focuses on creativity as a function of indeterminacy in the creative process and its embodied result. It is through just such a model that a more accurate, if more fluid, view of the term “creativity” may be conceived, in both general and copyrightable meanings of the word

Of evolution, information, vitalism and entropy: reflections of the history of science and epistemology in the works of Balzac, Zola, Queneau, and Houellebecq

This dissertation proposes the application of rarely-used epistemological and scientific lenses to the works of four authors spanning two centuries: Honoré de Balzac, Émile Zola, Raymond Queneau, and Michel Houellebecq. Each of these novelists engaged closely with questions of science and epistemology, yet each approached that engagement from a different scientific perspective and epistemological moment. In Balzac’s La Peau de chagrin, limits of determinism and experimental method tend to demonstrate that there remains an inscrutable yet guided excess in the interactions between the protagonist Raphaël and his enchanted skin. This speaks to an embodiment of the esprit préscientifique, a framework that minimizes the utility of scientific practice in favor of the unresolved mystery of vitalism. With Zola comes a move away from undefinable mystery to a construction of the novel consistent with Claude Bernard’s deterministic experimental medicine. Yet Zola’s Roman expérimental project is only partially executed, in that the Newtonian framework that underlies Bernard’s method yields to contrary evidence in Zola’s text of entropy, error, and loss of information consistent with the field of thermodynamics. In Queneau’s texts, Zola’s interest in current science not only remains, but is updated to reflect the massive upheaval in scientific thought that took place in the last half of the nineteenth and early part of the twentieth centuries. If Queneau’s texts explicitly mention advances like relativity, however, they often do so in a humorously dismissive manner that values pre-entropic and even early geometric constructs like perpetual motion machines and squared circles. Queneau’s apparent return to the pre-scientific ultimately yields to Houellebecq’s textual abyss. For Houellebecq, science is not only to be embraced in its entropic and relativistic constructs; it is these very constructs - and the style typically used to present them – that serve as a reminder of the abjection, decay, and hopelessness of human existence. Gone is the mystery of life in its totality. In its place remain humans acting as a series of particles mechanically obeying deterministic laws. The parenthesis that opened with Balzac’s positive coding of pre-scientific thought closes with Houellebecq’s negative coding of modern scientific theory

“Meet Me Halfway”: Arm Wrestling and the Law

Most law review articles are very serious, and with good reason. They discuss important, world-changing matters like the role and magnitude of executive power, the limits of Constitutional rights, the boundaries of international law, and the vagaries of civil procedure. This Article has no such world-changing or reverent pretentions; it instead takes a light-hearted view of a fairly marginal legal topic: arm wrestling. To provide a spine for the discussion, the Article leans heavily on the 1980s movie Over the Top – a movie about arm wrestling, trucking, and child custody - to provide examples of arm wrestling content with legal implications. As the Article develops background on the topic, it discusses types of tort liabilities likely to apply to arm wrestling, the functional import of waivers in the arm wrestling context, and the possible liabilities of third parties who host or organize arm wrestling bouts

Pharmacotherapy of retinal disease with visual cycle modulators

Introduction: Pharmacotherapy with visual cycle modulators (VCMs) is under investigation for retinitis pigmentosa (RP), Leber congenital amaurosis (LCA), Stargardt macular dystrophy (SMD) and nonexudative age-related macular degeneration (AMD), all blinding diseases that lack effective treatment options. Areas covered: The authors review investigational VCMs, including oral retinoids, 9-cis-retinyl-acetate (zuretinol) and 9-cis-β-carotene, which restore 11-cis-retinal levels in RP and LCA caused by LRAT and RPE65 gene mutations, and may improve visual acuity and visual fields. Therapies for SMD aiming to decrease accumulation of toxic Vitamin A dimers and lipofuscin in the retina and retinal pigment epithelium (RPE) include C20-D3-vitamin A (ALK-001), isotretinoin, VM200, emixustat, and A1120. Mouse models of SMD show promising data for these treatments, though proof of efficacy in humans is currently lacking. Fenretinide and emixustat are investigational VCMs for dry AMD, though neither has been shown to reduce geographic atrophy or improve vision in human trials. A1120 prevents retinol transport into the RPE and may spare the side effects typically seen in VCMs (nyctalopia and chromatopsia) per mouse studies. Expert opinion: Oral VCMs may be feasible treatment options for degenerative retinal diseases based on pre-clinical and some early clinical studies. Further trials are warranted to assess their efficacy and safety in humans

Stargardt macular dystrophy and evolving therapies

Introduction: Stargardt macular dystrophy (STGD1) is a hereditary retinal degeneration that lacks effective treatment options. Gene therapy, stem cell therapy, and pharmacotherapy with visual cycle modulators (VCMs) and complement inhibitors are discussed as potential treatments. Areas covered: Investigational therapies for STGD1 aim to reduce toxic bisretinoids and lipofuscin in the retina and retinal pigment epithelium (RPE). These agents include C20-D3-vitamin A (ALK-001), isotretinoin, VM200, emixustat, and A1120. Avacincaptad pegol is a C5 complement inhibitor that may reduce inflammation-related RPE damage. Animal models of STGD1 show promising data for these treatments, though proof of efficacy in humans is lacking. Fenretinide and emixustat are VCMs for dry AMD and STGD1 that failed to halt geographic atrophy progression or improve vision in trials for AMD. A1120 prevents retinol transport into RPE and may spare side effects typically seen with VCMs (nyctalopia and chromatopsia). Stem cell transplantation suggests potential biologic plausibility in a phase I/II trial. Gene therapy aims to augment the mutated ABCA4 gene, though results of a phase I/II trial are pending. Expert opinion: Stem cell transplantation, ABCA4 gene therapy, VCMs, and complement inhibitors offer biologically plausible treatment mechanisms for treatment of STGD1. Further trials are warranted to assess efficacy and safety in humans

Randomized trial of conventional transseptal needle versus radiofrequency energy needle puncture for left atrial access (the TRAVERSE-LA study).

BackgroundTransseptal puncture is a critical step in achieving left atrial (LA) access for a variety of cardiac procedures. Although the mechanical Brockenbrough needle has historically been used for this procedure, a needle employing radiofrequency (RF) energy has more recently been approved for clinical use. We sought to investigate the comparative effectiveness of an RF versus conventional needle for transseptal LA access.Methods and resultsIn this prospective, single-blinded, controlled trial, 72 patients were randomized in a 1:1 fashion to an RF versus conventional (BRK-1) transseptal needle. In an intention-to-treat analysis, the primary outcome was time required for transseptal LA access. Secondary outcomes included failure of the assigned needle, visible plastic dilator shavings from needle introduction, and any procedural complication. The median transseptal puncture time was 68% shorter using the RF needle compared with the conventional needle (2.3 minutes [interquartile range {IQR}, 1.7 to 3.8 minutes] versus 7.3 minutes [IQR, 2.7 to 14.1 minutes], P = 0.005). Failure to achieve transseptal LA access with the assigned needle was less common using the RF versus conventional needle (0/36 [0%] versus 10/36 [27.8%], P < 0.001). Plastic shavings were grossly visible after needle advancement through the dilator and sheath in 0 (0%) RF needle cases and 12 (33.3%) conventional needle cases (P < 0.001). There were no differences in procedural complications (1/36 [2.8%] versus 1/36 [2.8%]).ConclusionsUse of an RF needle resulted in shorter time to transseptal LA access, less failure in achieving transseptal LA access, and fewer visible plastic shavings

Changes in the gut microbiome and fermentation products concurrent with enhanced longevity in acarbose-treated mice.

BACKGROUND: Treatment with the α-glucosidase inhibitor acarbose increases median lifespan by approximately 20% in male mice and 5% in females. This longevity extension differs from dietary restriction based on a number of features, including the relatively small effects on weight and the sex-specificity of the lifespan effect. By inhibiting host digestion, acarbose increases the flux of starch to the lower digestive system, resulting in changes to the gut microbiota and their fermentation products. Given the documented health benefits of short-chain fatty acids (SCFAs), the dominant products of starch fermentation by gut bacteria, this secondary effect of acarbose could contribute to increased longevity in mice. To explore this hypothesis, we compared the fecal microbiome of mice treated with acarbose to control mice at three independent study sites. RESULTS: Microbial communities and the concentrations of SCFAs in the feces of mice treated with acarbose were notably different from those of control mice. At all three study sites, the bloom of a single bacterial taxon was the most obvious response to acarbose treatment. The blooming populations were classified to the largely uncultured Bacteroidales family Muribaculaceae and were the same taxonomic unit at two of the three sites. Propionate concentrations in feces were consistently elevated in treated mice, while the concentrations of acetate and butyrate reflected a dependence on study site. Across all samples, Muribaculaceae abundance was strongly correlated with propionate and community composition was an important predictor of SCFA concentrations. Cox proportional hazards regression showed that the fecal concentrations of acetate, butyrate, and propionate were, together, predictive of mouse longevity even while controlling for sex, site, and acarbose. CONCLUSION: We observed a correlation between fecal SCFAs and lifespan in mice, suggesting a role of the gut microbiota in the longevity-enhancing properties of acarbose. Treatment modulated the taxonomic composition and fermentation products of the gut microbiome, while the site-dependence of the responses illustrate the challenges facing reproducibility and interpretation in microbiome studies. These results motivate future studies exploring manipulation of the gut microbial community and its fermentation products for increased longevity, testing causal roles of SCFAs in the observed effects of acarbose

Considerations for Individual-Level Versus Whole-School Physical Activity Interventions:Stakeholder Perspectives

Strategies to address declining physical activity levels among children and adolescents have focused on ‘individual-level’ approaches which often fail to demonstrate impact. Recent attention has been on an alternative ‘whole-school’ approach to increasing physical activity that involves promoting physical activity throughout all aspects of the school environment. There is, however, a lack of evidence on how whole-school physical activity approaches could be implemented in the UK. This qualitative study explored perspectives of key stakeholders on potential reasons for the lack of impact of individual-level school-based interventions on children’s physical activity, and key considerations for adopting a whole-school approach. Nineteen semi-structured interviews were conducted with a range of stakeholders involved in the implementation of physical activity programmes in UK schools. Data were analysed using an inductive approach. Respondents suggested that individual-level school-based interventions to increase physical activity often failed to consult end users in the design and were typically implemented in environments unsupportive of long-term change. They subsequently outlined specific barriers and key facilitators for the adoption and implementation of whole-school approaches in UK settings and recommended a shift in research foci towards building an evidence base around educational outcomes and whole-school implementation insights