Is Kelly Shifting Under Google’s Feet? New Ninth Circuit Impact on the Google Library Project Litigation

The Google Library Project presents what many consider to be the perfect fair-use problem. The legal debate surrounding the Library Project has centered on the Ninth Circuit’s Kelly v. Arriba Soft. Yet recent case law presents new arguments for both sides of the Library Project litigation. This iBrief analyzes two Ninth Circuit district court decisions on fair use, Field v. Google, Inc. and Perfect 10 v. Google, Inc., and their impact on the Library Project litigation

How To Do Things With Hohfeld

The Kvarken Ferry Link is a maritime transport connection between Sweden and Finland. This report is a deliverable from the Centre for Regional Science (CERUM) at Umeå University to the Midway Alignment project. The purpose of the report is to analyse the freight demand for the ferry by estimating the maximum potential freight transport in the catchment area of the ferry. The analysis is based on a model analysis of the maximum potential freight volumes in the catchment area of the ferry across the Kvarken strait using input data from the Swedish national freight modelling system Samgods. The results are combined with a scenario analysis where the effect of different forecasts for the Kvarken ferry is studied. The analysis might serve as an input in a subsequent analysis of the market potential and transport demand for the ferry link between Vaasa in Finland and Umeå in Sweden.The Midway Alignment of the Bothnian Corridor is co-financed by the European Union. The sole responsibility of this publication lies with the author. The European Union is not responsible for any use that may be made of the information contained therein.Midway Alignmen

Book Review

The aviation industry is facing many challenges concerning environmental effects associated to an overall increase in air travel. In order to analyse these environmental effects, the possibility for measurement in the areas connected to the aviation industry is essential. Metrics measuring progress towards meeting goals, called key performance indicators, are used in order to meet this requirement. The purpose of the thesis is to map and evaluate the various environmental key performance indicators that are utilised within European Air Traffic Management today, and the development underway for the future. Suggestions to LFV regarding suitable e-KPIs, and how they can be used within their organisation are also provided. Several organisations and initiatives, including the European Union, EUROCONTROL, Single European Sky, the International Civil Aviation Organisation and the Civil Air Navigation Service Organisation, as well as the British and French air navigation service providers, in addition to other stakeholders within the industry, have been investigated in terms of their work in the environmental area and which indicators they utilise. The investigation is based on a literature study and interviews conducted with stakeholders within previously mentioned organisations. Out of 39 indicators found during the mapping, seven remain after an initial selection and an analysis based on the utilisation of the SMART-model. In addition to the use of the SMART-model, the choice of suitable indicators is also based on the fact that the whole spectrum of a flight, meaning all phases, including planning, taxi-out, departure, en route, descent and arrival as well as taxi-in, should be taken into consideration

ERTS-1 MSS imagery: Its use in delineating soil associations and as a base map for publishing soils information

ERTS 1 imagery is a useful tool in the identification and refinement of soil association areas and an excellent base map upon which soil association information can be published. Prints of bands 5 and 7 were found to be most useful to help delineate major soil and vegetation areas. After delineating major soil areas, over 4800 land sale prices covering a period of 1967-72 were located in the soil areas and averaged. The soil association then were described as soil association value areas and published on a 1:1,000,000 scale ERTS mosaic of South Dakota constructed using negative prints of band 7. The map is intended for use by state and county revenue officers, by individual buyers and sellers of land and lending institutions, and as a reference map by those planning road routes and cable lines and pipelines

Regional valuation of infrastructure improvements. The case of Swedish road freight

Is it possible to identify regional differences among shippers in their valuation of infrastructure improvements? The question is analysed within a random utility approach where parameters are estimated by a logit model. Data consists of a Swedish stated preference study from 1992. The results indicate that regional differences may exist but a considerable heterogeneity in the empirical material prohibit robust results in some cases. However, regional differences seem to exist when industrial mix, shipping distance and goods values are held constant. Independent of the limitations, the results should render implications to any infrastructure benefit analysis where parameters from spatial averages are used. The results are based on short term decisions and one should recognise that parameters may vary under mid- and long- term.Regional preferences; road transportation; freight demand; stated preference analysis; random utility models; logit model

Estimation of interregional freight flows with a gravity model by OLS estimation, Poisson and neural network specifications

In this paper we compare three different specifications of gravity models for inter regional freight flow prediction. The most used specification with OLS estimation is compared with a model where data are assumed to be Poisson distributed. We also compare these with a Feed Forward Back Propagation Neural Network. Data consists of freight flows between Norwegian counties. The attribute describing the nodes is population and distance in kilometers gives the friction on transport links. Since we here only are interested in inter regional flows all intra regional flows are excluded. Results are also compared with an earlier study by Bergkvist and Westin (1997) were all data were used. Estimations indicate that OLS compared to Poisson and Neural Network specifications will produce worse predictions. However, the question on how to compare performance is not undisputable and of great importance since different measures can produce quite different results, not just in scale but also in ranking. When non-linear models are used the lack of a simple interpretable R-square measure as in linear regression is evident. We therefore use different measures of performance and discuss their pros and cons. Bergkvist E. and Westin L. (1997) Estimation of gravity models by OLS estimation, NLS estimation, Poisson and Neural Network specifications. Submitted to "Analytical advances in Transportation Systems and Spatial Dynamics." Eds. Gastaldi M. and Reggiani A.

Maxwell-compensated design of asymmetric gradient waveforms for tensor-valued diffusion encoding

Purpose: Asymmetric gradient waveforms are attractive for diffusion encoding due to their superior efficiency, however, the asymmetry may cause a residual gradient moment at the end of the encoding. Depending on the experiment setup, this residual moment may cause significant signal bias and image artifacts. The purpose of this study was to develop an asymmetric gradient waveform design for tensor-valued diffusion encoding that is not affected by concomitant gradient. Methods: The Maxwell index was proposed as a scalar invariant that captures the effect of concomitant gradients and was constrained in the numerical optimization to 100 (mT/m)$^2$ms to yield Maxwell-compensated waveforms. The efficacy of this design was tested in an oil phantom, and in a healthy human brain. For reference, waveforms from literature were included in the analysis. Simulations were performed to investigate if the design was valid for a wide range of experiments and if it could predict the signal bias. Results: Maxwell-compensated waveforms showed no signal bias in oil or in the brain. By contrast, several waveforms from literature showed gross signal bias. In the brain, the bias was large enough to markedly affect both signal and parameter maps, and the bias could be accurately predicted by theory. Conclusion: Constraining the Maxwell index in the optimization of asymmetric gradient waveforms yields efficient tensor-valued encoding with concomitant gradients that have a negligible effect on the signal. This waveform design is especially relevant in combination with strong gradients, long encoding times, thick slices, simultaneous multi-slice acquisition and large/oblique FOVs