All Your Works Are Belong to Us: New Frontiers for the Derivative Work Right in Video Games

In copyright law, the author of an original work has the exclusive right to prepare further works derivative of that original. Video game developers’ works are protected by the Copyright Act. As video games take advantage of more advanced technology, however, players are doing more creative, interesting, and original things when they play games. Certain things players do create independent economic value and are the kinds of acts of original authorship our copyright system is designed to encourage. However, since the author of the video game is entitled to the full panoply of rights under the laws of the American copyright regime, they own the exclusive right to prepare works “derivative” of that game. This Article has both descriptive and normative goals. Its descriptive goals are to outline the current legal trends in the video game space and to demonstrate the huge economic stakes at play. Its normative goals are to offer a number of different ways of explaining how derivative works of video games are created and to suggest several modes of understanding how cases where ownership of these works is disputed should be decided. These modes include philosophical thought experiments, critical analysis of what exactly a game is, analysis of what kind of game underlies the second order work in question, and application of the liability/property rule framework from law and economics literature

Digitizing Brandenburg: Common Law Drift Toward a Causal Theory of Imminence

The Supreme Court’s Brandenburg v. Ohio test provides an exception to the First Amendment’s broad guarantee of freedom of speech. Where speech is (1) directed to inciting or producing imminent lawless action, and (2) is likely to incite or produce such action, the First Amendment withdraws its promise of protection. Thus, where the “imminence” of lawless action cannot be shown, free speech cannot be restricted. Since Brandenburg, Courts have applied a test for imminence that turns on proximity in space and in time — that is, the test evaluates how spatiotemporally imminent lawless activity is. In this Article, I argue that this approach is flawed, and cases involving the internet have brought this flaw to a tipping point. Past that tipping point, I propose that imminence is better understood as a causal question. That is, Brandenburg imminence should be a question of the ready-to-take-place-ness of the requisite lawless activity.At the heart of my argument is the assertion that courts are already drifting towards the results a causal test would produce. Relying on Professor David Strauss’s model of common law constitutional interpretation, I compare past common law developments to the current state of imminence law under Brandenburg and argue that imminence law is in the later stages of a common law shift. After making out the common law case for the causal approach, I argue that causal approach better squares with the underlying philosophical and normative reasoning driving First Amendment jurisprudence, propose reasoning for a causal test drawn from analogies to other areas of law where causal analysis takes place, and evaluate the implications of this theory as applied to a number of modern problems

There Is No Such Thing As A “Legal Name”

The phrase “legal name” appears everywhere. And wherever it appears, it seems to come with an assumption that it picks out one, clear such name for each person. So, do “legal” names as the phrase is commonly understood really exist? As far as federal and most state law is concerned, it turns out the answer is a clear no. This article seeks to highlight the legal, moral, and philosophical wrongness of the notion that people have one uniquely identifying legal name. To do that, we survey the status of names in various legal domains, highlighting that legal consensus tends to be that there is no one “correct legal name” for individuals (if anything, people often have many “legal” names). We argue this common notion that every person has a single, clearly defined “legal” name is a kind of collective delusion we all seem to share (emerging somewhere in the late twentieth century), but is not grounded in legal or social reality. To address this harmful delusion, we present a series of ready-to-cite conclusions about the current state of the law and introduce a normative framework for how institutions and individuals ought to choose between people’s various legal names. Engaging with legal theory, feminist philosophy, and philosophy of language, we discuss the social function of names and argue that names enable people to communicate important social information about themselves—which can include their gender, religion, and familial relations. Thus, we conclude by arguing that individuals and legal institutions have a normative responsibility to respect peoples’ preferred legal names, thereby allowing them to authentically represent these facets of their social identities

Absolute diffuse calibration of IRAC through mid-infrared and radio study of HII regions

We investigate the diffuse absolute calibration of the InfraRed Array Camera on the Spitzer Space Telescope at 8.0microns using a sample of 43 HII regions with a wide range of morphologies near GLON=312deg. For each region we carefully measure sky-subtracted,point-source- subtracted, areally-integrated IRAC 8.0-micron fluxes and compare these with Midcourse Space eXperiment (MSX) 8.3-micron images at two different spatial resolutions, and with radio continuum maps. We determine an accurate median ratio of IRAC 8.0-micron/MSX\8.3-micron fluxes, of 1.55+/-0.15. From robust spectral energy distributions of these regions we conclude that the present 8.0-micron diffuse calibration of the SST is 36% too high compared with the MSX validated calibration, perhaps due to scattered light inside the camera. This is an independent confirmation of the result derived for the diffuse calibration of IRAC by the Spitzer Science Center (SSC). From regression analyses we find that 843-MHz radio fluxes of HII regions and mid-infrared (MIR) fluxes are linearly related for MSX at 8.3-microns and Spitzer at 8.0 microns, confirming the earlier MSX result by Cohen & Green. The median ratio of MIR/843-MHz diffuse continuum fluxes is 600 times smaller in nonthermal than thermal regions, making it a sharp discriminant. The ratios are largely independent of morphology up to a size of ~24 arcsec. We provide homogeneous radio and MIR morphologies for all sources. MIR morphology is not uniquely related to radio structure. Compact regions may have MIR filaments and/or diffuse haloes, perhaps infrared counter- parts to weakly ionized radio haloes found around compact HII regions. We offer two IRAC colour-colour plots as quantitative diagnostics of diffuse HII regions.Comment: 29 pages, LaTeX (aastex), incl. 31 PostScript (ps,eps) figures and 5 tables. Accepted by MNRAS (main journal). Replaced an unused file and added this URL for people wishing to download a version with high-resolution images: http://www.astro.wisc.edu/sirtf/martin.hii.accepted.pd

G313.3+00.3: A New Planetary Nebula discovered by the Australia Telescope Compact Array and the Spitzer Space Telescope

We present a new planetary nebula, first identified in images from the Australia Telescope Compact Array, although not recognized at that time. Recent observations with the Spitzer Space Telescope during the GLIMPSE Legacy program have rediscovered the object. The high-resolution radio and infrared images enable the identification of the central star or its wind, the recognition of the radio emission as thermal, and the probable presence of polycylic aromatic hydrocarbons in and around the source. These lead to the conclusion that G313.3+00.3 is a planetary nebula. This object is of particular interest because it was discovered solely through radio and mid-infrared imaging, without any optical (or near-infrared) confirmation, and acts as a proof of concept for the discovery of many more highly extinguished planetary nebulae. G313.3+00.3 is well-resolved by both the instruments with which it was identified, and suffers extreme reddening due to its location in the Scutum-Crux spiral arm.Comment: 18 pages, LaTeX (aastex), incl. 8 PostScript (eps) figures and 1 table. Accepted by ApJ (Part 1

Decision for reconstructive interventions of the upper limb in individuals with tetraplegia: the effect of treatment characteristics

Objective: To determine the effect of treatment characteristics on the\ud decision for reconstructive interventions for the upper extremities (UE) in\ud subjects with tetraplegia. - \ud Setting: Seven specialized spinal cord injury centres in the Netherlands. - \ud Method: Treatment characteristics for UE reconstructive interventions were\ud determined. Conjoint analysis (CA) was used to determine the contribution\ud and the relative importance of the treatment characteristics on the decision\ud for therapy. Therefore, a number of different treatment scenarios using these\ud characteristics were established. Different pairs of scenarios were presented\ud to subjects who were asked to choose the preferred scenario of each set. - \ud Results: forty nine subjects with tetraplegia with a stable C5, C6 or C7\ud lesion were selected. All treatment characteristics significantly influenced\ud the choice for treatment. Relative importance of treatment characteristics\ud were: intervention type (surgery or surgery with FES implant) 13%, number\ud of operations 15%, in patient rehabilitation period 22%, ambulant\ud rehabilitation period 9%, complication rate 15%, improvement of elbow\ud function 10%, improvement of hand function 15%. In deciding for therapy\ud 40% of the subjects focused on one characteristic. - \ud Conclusion: CA is applicable in Spinal Cord Injury medicine to study the\ud effect of health outcomes and non-health outcomes on the decision for\ud treatment. Non-health outcomes which relate to the intensity of treatment\ud are equally important or even more important than functional outcome in the\ud decision for reconstructive UE surgery in subjects with tetraplegia

Genome-wide dissection of globally emergent multi-drug resistant serotype 19A Streptococcus pneumoniae

<p>Abstract</p> <p>Background</p> <p>Emergence of multi-drug resistant (MDR) serotype 19A Streptococcus pneumoniae (SPN) is well-documented but causal factors remain unclear. Canadian SPN isolates (1993-2008, n = 11,083) were serotyped and <it>in vitro </it>susceptibility tested. A subset of MDR 19A were multi-locus sequence typed (MLST) and representative isolates' whole genomes sequenced.</p> <p>Results</p> <p>MDR 19A increased in the post-PCV7 era while 19F, 6B, and 23F concurrently declined. MLST of MDR 19A (<it>n </it>= 97) revealed that sequence type (ST) 320 predominated. ST320 was unique amongst MDR 19A in that its minimum inhibitory concentration (MIC) values for penicillin, amoxicillin, ceftriaxone, and erythromycin were higher than for other ST present amongst post-PCV7 MDR 19A. DNA sequencing revealed that alleles at key drug resistance loci <it>pbp2a</it>, <it>pbp2x</it>, <it>pbp2b</it>, <it>ermB</it>, <it>mefA/E</it>, and <it>tetM </it>were conserved between pre-PCV7 ST 320 19F and post-PCV7 ST 320 19A most likely due to a capsule switch recombination event. A genome wide comparison of MDR 19A ST320 with MDR 19F ST320 identified 822 unique SNPs in 19A, 61 of which were present in antimicrobial resistance genes and 100 in virulence factors.</p> <p>Conclusions</p> <p>Our results suggest a complex genetic picture where high-level drug resistance, vaccine selection pressure, and SPN mutational events have created a "perfect storm" for the emergence of MDR 19A.</p

Spitzer IRAC observations of newly-discovered planetary nebulae from the Macquarie-AAO-Strasbourg H-alpha Planetary Nebula Project

We compare H-alpha, radio continuum, and Spitzer Space Telescope (SST) images of 58 planetary nebulae (PNe) recently discovered by the Macquarie-AAO-Strasbo- urg H-alpha PN Project (MASH) of the SuperCOSMOS H-alpha Survey. Using InfraRed Array Camera (IRAC) data we define the IR colors of PNe and demonstrate good isolation between these colors and those of many other types of astronomical object. The only substantive contamination of PNe in the color-color plane we illustrate is due to YSOs. However, this ambiguity is readily resolved by the unique optical characteristics of PNe and their environs. We also examine the relationships between optical and MIR morphologies from 3.6 to 8.0um and explore the ratio of mid-infrared (MIR) to radio nebular fluxes, which is a valuable discriminant between thermal and nonthermal emission. MASH emphasizes late evolutionary stages of PNe compared with previous catalogs, enabling study of the changes in MIR and radio flux that attend the aging process. Spatially integrated MIR energy distributions were constructed for all MASH PNe observed by the GLIMPSE Legacy Project, using the H-alpha morphologies to establish the dimensions for the calculations of the Midcourse Space Experiment (MSX), IRAC, and radio continuum (from the Molonglo Observatory Synthesis Telescope and the Very Large Array) flux densities. The ratio of IRAC 8.0-um to MSX 8.3-um flux densities provides a measure of the absolute diffuse calibration of IRAC at 8.0 um. We independently confirm the aperture correction factor to be applied to IRAC at 8.0um to align it with the diffuse calibration of MSX. The result agrees with the recommendations of the Spitzer Science Center and with results from a parallel study of HII regions. These PNe probe the diffuse calibration of IRAC on a spatial scale of 9-77 arcsec.Comment: 48 pages, LaTeX (aastex), incl. 18 PostScript (eps) figures and 3 tables. Accepted by Astrophysical Journa

Dem investigation of horizontal high shear mixer flow behaviour and implications for scale-up

In high shear granulation, various dimensionless or dimensioned parameter groups such as constant Froude number, tip speed, relative swept volume and specific energy input are commonly used as scale-up criteria, in order to maintain the powder bed internal flow or stress field across scales. One major challenge is obtaining the internal flow and stress field through experimentation given the lack of precise measurement techniques. Hence, this work employs DEM (discrete element method) simulations to study the internal flow patterns and behaviour of different scale batch, horizontal high shear mixers. The simulations provide a deeper understanding of the interaction of scale, impeller speed and fill level on the flow field, and show that the particle velocity is correlated with the relative swept volume in these mixers. It shows that the relative particle velocity is correlated, independent of scale, to the relative swept volume per rotation and highlights its values as a parameter for understanding and comparing mixer behaviour. The work also demonstrates the importance of the particle size chosen for the simulation as well as the tool-wall gap in the mixer, and highlights its importance as we interpret DEM results