'Fair Dealing': a quaint footnote to the British copyright regime?

The following thesis explores the vicissitudes of the British copyright law defence of fair dealing from its birth as the common law defence of fair use through its subsequent development under the 1911, 1956 and 1988 Copyright Acts to its present situation in light of the most recent case of Ashdown v The Daily Telegraph [2002] as well as the changes proposed by the British Patent Office in its endeavours to implement the European Information Society Directive (29/2001/EC). It is submitted that the general development of this provision has been one of gradual decline. On a statutory level the defence has been continually restricted to the point where if the proposals of the Patent Office are accepted, it will be barely be able to operate as a defence designed to balance the interests of copyright owners against copyright users. As far as judicial pronouncements are concerned, up until 1990 it is submitted that the courts, in general, failed to demonstrate any real dynamism when interpreting the fair dealing provisions. It has only been in the last 10 years that the true potential of the defence, in maintaining this copyright balance, has been explored, although this has only tended to manifest when the courts have considered the position of media litigants. This in conjunction with the latest proposals for reform from the Patent Office, in light of the emergence of the digital age, could arguably sound the death knell for fair dealing. As governments of the two main trading blocks of Europe and the US continue to adopt an increasingly rights-maximising approach in favour of copyright owners it is submitted that fair dealing may well become a footnote to the British copyright regime

Aspects of MusicaLity in the industrial regions of Lancashire and Yorkshire between 1835 and 1914 with reference to its educational, sociological and religious basis

This study examines the musical life of Lancashire and Yorkshire people during the Industrial Revolution and shows how music became involved in current social, educational and religious changes. Changes also took place in music making itself, and these are observed through two contrasted case studies which show the transition from singing which took place informally in the semi-rural communities, where the singers used to meet in each others homes and perform in local churches, to the formal and institutionalised Choral Societies of the prosperous industrial towns. Popular song underwent a similar transition as the songs of the ballad singer gave way to those of the Music Hall. The evolution of public concerts further reflects the effects upon music of the changes in class and social structure which came with industrialisation and urbanisation. Attitudes changed too, and aspects of the Victorian ethos such as competition and self-help as a means of 'getting on' were accommodated into music’s wide-ranging rationale. These elements were evident in the brass band movement as well as in Competitive Festivals. Music was capable of such a varied role in society that it became to some extent 'All things to all men' - a cause worthy to be championed by educationalists and social reformers alike. Music therefore became an important ingredient in the developing state system of education, its most notable feature being the development of a systematic method of sight singing - Tonic Solfa. The Church had long been a pioneer in education and a significant aspect of this related to the training of musicians to provide music for the Services. This interest continued and widened, and the musical, educational, sociological and religious links were even more strongly forged as increasing numbers of people became involved in religious choral music

Evaluation of at-sea flight testing of the MV-22 Osprey for operational employment

The MV-22 Osprey tiltrotor aircraft is a radically new air vehicle designed to replace aging helicopters and support the US Marine Corp\u27s future concept of operational maneuver from the sea. Unfortunately the aircraft has been plagued with political and programmatic delays throughout its 19-year history that prevented early and comprehensive at-sea testing. With an operational evaluation in October 1999, shortened at-sea test period was required late in the aircraft development in January 1999.This thesis analyzes the compressed developmental test process used to prepare this novelair vehicle for sea service in a short time period.The dynamic interface testing of Naval aircraft and ships is not new, although the advent of tiltrotors incorporating digital fly-by-wire technology has challenged traditional developmental procedures. The MV-22 required extensive test planning, flying qualities evaluations and engineering tests to define safe operational limits in the shipboard environment. An analysis of a lateral control instability problem encountered during the testing and the subsequent test process innovations for this unique aircraft substantiate the need to conduct comprehensive and extensive developmental testing.It is the author\u27s opinion that at-sea testing is risky and the final exam for a Naval Aircraft. The risks of a shortened test process were that deficiencies would be uncovered and that uncharted capabilities would not be exploited for operational employment. The Documented successes and failures of the MV-22 at-sea test process yield lessons that should be put into practice by future amphibious Vertical Take Off and Landing (VTOL)aircraft such as the Joint Strike Fighter (JSF) and other follow-on VSTOL aircraft

Effect of intraoperative constant rate infusion of lidocaine on short-term survival of dogs with septic peritonitis: 75 cases (2007-2011)

OBJECTIVE To investigate whether intraoperative administration of a lidocaine infusion to dogs with septic peritonitis was associated with short-term (48 hours) survival after surgery. DESIGN Retrospective case series. ANIMALS 75 dogs with septic peritonitis. PROCEDURES Medical records of dogs with septic peritonitis that underwent laparotomy between January 2007 and December 2011 at the Royal Veterinary College were reviewed. Select variables during the preoperative, intraoperative, and postoperative periods and short-term survival after surgery were compared between dogs that received an opioid only (group O; n = 33) and dogs that received lidocaine (50 \u3bcg/kg/min [22.7 \u3bcg/kg/min], IV; group L; 42) in addition to an opioid during surgery. RESULTS The proportion of dogs that survived for 48 hours after surgery was significantly greater for group L (35/42) than for group O (20/33). Intraoperative infusion of lidocaine increased the odds of short-term survival (OR, 8.77; 95% CI, 1.94 to 39.57). No significant differences were observed between the 2 treatment groups for variables assessed during the preoperative and postoperative periods. During the intraoperative period, more dogs in group L received an IV bolus of a synthetic colloid than did dogs in group O, but the number of IV boluses administered was not associated with short-term survival. CONCLUSIONS AND CLINICAL RELEVANCE Results indicated that IV infusion of lidocaine might improve the short-term survival of dogs with septic peritonitis. Prospective clinical trials are necessary to determine the efficacy of lidocaine as a supportive treatment for dogs with septic peritonitis

TeVJet: A general framework for the calculation of jet observables in NLO QCD

In this paper we present the parton level Monte Carlo program TeVJet, a direct implementation of the dipole subtraction method for calculating jet cross sections in NLO QCD. It has been written so as to allow the inclusion of new processes in as straightforward a way as possible. The user must provide the usual ingredients for an NLO calculation and from these the process-independent parts required to make the phase space integrals finite in 4 dimensions are automatically generated. These integrals are then performed using Monte Carlo techniques. We present the results for a few example processes.Comment: 52 pages, program available from http://www.hep.man.ac.uk/u/chris/tevje

Prediction of Critical Illness During Out-of-Hospital Emergency Care

CONTEXT: Early identification of nontrauma patients in need of critical care services in the emergency setting may improve triage decisions and facilitate regionalization of critical care. OBJECTIVES: To determine the out-of-hospital clinical predictors of critical illness and to characterize the performance of a simple score for out-of-hospital prediction of development of critical illness during hospitalization. DESIGN AND SETTING: Population-based cohort study of an emergency medical services (EMS) system in greater King County, Washington (excluding metropolitan Seattle), that transports to 16 receiving facilities. PATIENTS: Nontrauma, non-cardiac arrest adult patients transported to a hospital by King County EMS from 2002 through 2006. Eligible records with complete data (N = 144,913) were linked to hospital discharge data and randomly split into development (n = 87,266 [60%]) and validation (n = 57,647 [40%]) cohorts. MAIN OUTCOME MEASURE: Development of critical illness, defined as severe sepsis, delivery of mechanical ventilation, or death during hospitalization. RESULTS: Critical illness occurred during hospitalization in 5% of the development (n = 4835) and validation (n = 3121) cohorts. Multivariable predictors of critical illness included older age, lower systolic blood pressure, abnormal respiratory rate, lower Glasgow Coma Scale score, lower pulse oximetry, and nursing home residence during out-of-hospital care (P < .01 for all). When applying a summary critical illness prediction score to the validation cohort (range, 0-8), the area under the receiver operating characteristic curve was 0.77 (95% confidence interval [CI], 0.76-0.78), with satisfactory calibration slope (1.0). Using a score threshold of 4 or higher, sensitivity was 0.22 (95% CI, 0.20-0.23), specificity was 0.98 (95% CI, 0.98-0.98), positive likelihood ratio was 9.8 (95% CI, 8.9-10.6), and negative likelihood ratio was 0.80 (95% CI, 0.79- 0.82). A threshold of 1 or greater for critical illness improved sensitivity (0.98; 95% CI, 0.97-0.98) but reduced specificity (0.17; 95% CI, 0.17-0.17). CONCLUSIONS: In a population-based cohort, the score on a prediction rule using out-of-hospital factors was significantly associated with the development of critical illness during hospitalization. This score requires external validation in an independent populationPeer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/85143/1/Seymour - JAMA-2010-747-54.pdf11

Collapsible Moped

The ultra-light, collapsible street-legal moped combines the desired qualities of a motorcycle, a bicycle, and a skateboard. This innovative design allows the user to travel distances with a speed up to 30 miles per hour on a standard street, but also to navigate safely around a pedestrian-dominated college campus. Weighing less than 30 lbs, this moped allows the user to carry it wherever without the being burdened by the bulk or size of the vehicle. The user can fold up the moped in less than 60 seconds to fit under his or her arm for easy transportation and storage. Like a bicycle, this moped can be easily locked and stored on any bike rack, but if needed, can also be carried into lecture halls and classrooms with ease. Moped IV provides functionality and transportability without sacrificing convenience

Thermal expansion and phase transformation behavior in the rare-earth titanate system

In this work, the thermal expansion behavior in the Ln2TiO5 system was explored, and mechanisms behind such behavior were described. The components of the thermal expansion tensor were calculated from the refined d-spacings using the program CTEAS for the cubic, orthorhombic, and hexagonal phases. In the cubic phase, the thermal expansion behavior was found to increase as expected with an increase in thermal vibrations. The orthorhombic phase exhibited an interesting shift from an expanding c-axis to one which contracted. Subsequent analysis of the crystallographic information of the orthorhombic phase revealed that the mechanism behind this behavior was the result of the strained trigonal bipyramidal structure overcoming an energy barrier to become more ideal and relaxed. The thermal expansion behavior in the hexagonal phase was found to be caused by the movement of the axial oxygen in the trigonal bipyramidal structure towards the central Ti cation with increasing temperature. This information was paired with insights into the volume expansion, structural elements, and geometric units between the orthorhombic and hexagonal phases to describe a potential pathway between two crystallographic cells which have no group-subgroup relationship. The novel pairing of information to describe a reconstructive transformation in this manner is unique and may be a new method to describe such transformations where few tools currently exist today. Additionally, a new experimental technique was developed to study the phase transformation kinetics between the orthorhombic and hexagonal phases in situ. The activation energy of this transformation was found to be 149 kJ/mol. This new technique avoids complications which arise from the study of transformations at high temperatures using thermal analysis methods, and provides increased time resolution of the data improving the calculation of the activation energy

光増感作用を利用した光応答性一酸化窒素ドナーフロキサンの開発

博士（学術）神戸大

A Comparison of two different jet algorithms for the top mass reconstruction at the LHC

We compare the abilities of the cluster-type jet algorithm, KtJet, and a mid-point iterating cone algorithm to reconstruct the top mass at the LHC. We discuss the information contained in the merging scales of cluster-type algorithms, and how this can be used in experimental analyses, as well as the different sources of systematic errors for the two algorithms. We find that the sources of systematic error are different for the two algorithms, which may help to better constrain the systematic error on the top mass at the LHC.Comment: 21 pages, 16 figures, accepted by JHE