Actual Versus Legal Control: Reading Vicarious Liability for Copyright Infringement into the Digital Millennium Copyright Act of 1998

Title 11 of the Digital Millennium Copyright Act of 1998 purports to limit the liability of Internet service providers that have been found vicariously liable for copyright infringement. However, by basing this limitation on the absence of the benefit and control elements of the common law test for vicarious liability, the plain language of Title II, codified at 17 U.S.C. § 512, appears to preclude statutory protection once a court has found a service provider vicariously liable. This Comment argues that courts must read a narrow definition of actual control into 17 U.S.C. § 512(c)(1)(B) in order to preserve the liability limitations of Title I% to avoid structural conflict, and to fulfill legislative intent. This Comment locates actual control in a line of district court cases from the Second Circuit that have been eclipsed by the Ninth Circuit\u27s embrace of legal control. This Comment concludes that an actual-control standard best preserves incentives to monitor for infringement

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Improving Load Calculations for Fenestration with Shading Devices

© 2009, American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. (www.ashrae.org). Published in ASHRAE Transactions 2009, vol. 115, part 2. For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE’s prior written permission.Activities and findings arising from ASHRAE Research Project 1311-RP are summarized. This project included three main goals, (a) development of models for pleated drapes, venetian blinds, roller blinds and insect screens, (b) implementation of these models in the ASHRAE Loads Toolkit, and (c) compilation of results suitable for direct application in building cooling load methods such as Radiant Time Series (RTS). The solar and heat transfer interactions present in multilayer systems are complicated and the corresponding models entail significant complexity. This work produced the ASHRAE Window Attachment (ASHWAT) model that uses a simplified approach to the way in which radiation interacts with each glazing or shading layer. Each layer is assigned spatially-averaged “effective” optical properties so that glazing and shading layers can be arranged in any combination. ASHWAT offers wide scope in the design process, the possibility of active control (e.g., slat angle adjustment), fast computation, and facilitates the implementation of additional shading layer types. Very few input data are needed to model any layer. Measurement-based validation was undertaken at both the subcomponent level and at the complete system level with documentation in the technical literature. The ASHWAT model has been added to the ASHRAE Loads Toolkit and coupled to the heat-balance room model, supporting accurate calculation of cooling load impact of fenestration shading. Simplified correlation models were developed to allow shaded fenestration performance estimates via spreadsheet-tractable formulas. The model was also used to generate greatly expanded simplified data for inclusion in Fundamentals and suitable for direct use in widely-used engineering proceduresNatural Resources Canada (NRCan) || Natural Sciences and Engineering Research Council (NSERC

OncoLog Volume 45, Number 03, March 2000

Dental Oncologists Prepare Patients with Head and Neck Cancer for Radiation Therapy DiaLog: Nurses Bring Personal Touch to Clinical Research, by Charles S. Cleeland, PhD, Professor, Pain Research Group, Division of Anesthesiology and Critical Care House Call: Coping with Chemotherapy Radiofrequency Ablation Surpasses Cryoablation as the Treatment of Choice for Localized, Unresectable Liver Malignancieshttps://openworks.mdanderson.org/oncolog/1083/thumbnail.jp

Efficient Simulation Of Complex Fenestration Systems In Heat Balance Room Models

The solar, longwave, and convective interactions between a window, its shading attachments and its surroundings constitute a complicated coupled heat balance problem that can entail significant computational intensity to simulate in detail. A novel approach represents the fenestration system using several indices of merit – most notably the U-factor and a cross-coupling coefficient. CPU time is reduced without forfeiting features such as the ability to distinguish between air and mean radiant temperatures. The required indices of merit are obtained using thermal network theory and can safely be re-evaluated much less frequently than each time-step, or they can be revised as needed in response to changes in sun angle or shade geometry (e.g., blind slat adjustment). This method has been used to integrate the ASHWAT fenestration model with the California Simulation Engine, a detailed residential model. ASHWAT supports many combinations of glazing and shading layers separated by arbitrary fill gases or by gaps open to outdoor or indoor air. This implementation demonstrates a method that offers generality and detail while providing the input simplicity and computational speed required for practicality.American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE) || Natural Science and Engineering Research Council (NSERC) || California Energy Commission (CEC) || Pacific Gas & Electric Company || Southern California Edison || Sempra Utilitie

Solar Gain through Windows with Shading Devices: Simulation Versus Measurement

© 2009, American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. (www.ashrae.org). Published in ASHRAE Transactions 2009, vol. 115, part 2. For personal use only. Additional reproduction, distribution, or transmission in either print or digital form is not permitted without ASHRAE’s prior written permission.Shading devices offer a cost saving strategy in dynamically controlling solar gain through windows. As such, there is an ongoing effort to accurately quantify the thermal performance of shading devices. In the present study, solar gain through various shading devices attached to a conventional double glazed window was measured using the National Solar Test Facility (NSTF) solar simulator and solar calorimeter. The shading devices include two venetian blinds, a roller blind, a pleated drape and an insect screen. More specifically, the solar heat gain coefficient (SHGC) and the solar transmittance, tsys, of each system were measured; and the interior attenuation coefficient (IAC) was calculated from the SHGC measurements. Furthermore, SHGC, tsys and IAC were calculated for the same experimental conditions using models developed for building energy simulation and performance rating. The calculations agreed very well with the measurements.NRCan (Natural Resources Canada) || NSERC (Natural Scienes and Engineering Research Council Canada) || ASHRA