8. Infringement

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Copyright Infringement ◽  
Causal Link ◽  
Substantial Part ◽  
European Approach

This chapter considers the question of what amounts to copyright infringement, first by discussing ‘primary’ infringement and ‘secondary’ infringement. It then explains the three criteria used to determine whether copyright in a work has been infringed: whether the defendant carried out one of the activities that falls within the copyright owner’s rights; whether there is a causal link between the work used (that is, reproduced, issued, rented, performed, communicated, or adapted) by the defendant and the copyright work; and whether the restricted act has been committed in relation to the work or a substantial part thereof. It also looks at the European approach to finding infringement in relation to authorial works and compares it with the British approach before concluding with a description of non-literal copying of such works.

Forensic Expertise and Judicial Expectations

2014 ◽  
pp. 83-109
Keyword(s):  
Copyright Protection ◽  
Copyright Infringement ◽  
Substantial Part ◽  
Legal Systems ◽  
Judicial Decisions ◽  
Forensic Expertise ◽  
The World ◽  
Software Copyright

This chapter primarily focuses on recommendations, suggestions, and directives from the legal systems on matters related to investigation of software copyright infringement and then presents them as positive contributory gestures by the legal systems across the world. Samples are taken from various laws, judicial suggestions and recommendations, and legal directives on copyright in order to discuss the ways in which these laws, recommendations, and directives can add credibility to the entire forensic procedure as well as value to the final forensic answers. These samples address judicial recommendations on a variety of software copyright issues such as software authorship, copyright protection of various software elements (including literal and non-literal software parts), the constitution of “substantial part,” the interpretation of software ideas, forensic exclusion policies of various unprotectable elements, “mining,” etc. The chapter concludes stressing the importance of imparting extensive cyber forensic education to judicial officers for making them fit not only to take intelligent judicial decisions but also to put forward wise judicial recommendations on software copyright infringement cases.

Almanya’da aşırı sağ hareketler ve medyanın suçlu göçmen söyleminin resmi belgeler ışığında incelenmesi

2017 ◽  
Vol 4 (2) ◽  
pp. 201-226
Author(s):  
Soner Tauscher
Keyword(s):  
Agenda Setting ◽  
Asylum Seekers ◽  
German Society ◽  
Political Agenda ◽  
Substantial Part ◽  
Media Discourse ◽  
Open Door ◽  
The European Union ◽  
Open Door Policy ◽  
Far Right

Avrupa ülkelerinin alışık olduğu düzenli işçi göçü ve kontrollü sığınmacı alımı Suriye iç savaşının üst düzeye ulaştığı 2013/2014 yılından itibaren önemli bir değişim göstermektedir. Avrupa Birliği, kuruluşundan bu yana en yoğun mülteci göçüyle karşılaşmaktadır. Yaşanan bu kontrolsüz ve zorunlu göçe Avrupa toplumları ve devletleri hazırlıksız yakalanmıştır. Mülteci krizini ekonomik olarak fırsata çevirmek isteyen Almanya ise göçmenler için 2015 yazından itibaren açık kapı politikası uygulamaya başlamıştır. Ancak uygulanan açık kapı politikası Alman toplumunun azımsanmayacak bir kesiminde mültecilere ve Müslümanlara yönelik ağır ve şiddetli bir karşı kampanya ortaya çıkardı. Mülteciler ve Müslümanlar aşırı sağ toplumsal hareketlerin gösterilerinde “tecavüzcü”, “işgalci”, “kriminal dolandırıcılar” vb. sıfatlar ile birlikte anılmakta, medya da bu söylemlerin taşıyıcılığını yaparak kamusallaşmasını sağlamaktadır. Böylece aşırı sağı desteklemeyen, apolitik, ya da sığınmacılara karşı hoşgörülü davranan toplum kesimlerinde kamuoyu oluşturularak sığınmacı ve göçmenlere karşı olumsuz algı gündemde tutulmakta, politik olanın merkezine yerleştirilmektedir. Bu çalışmada öncelikle göçmenlere karşı aşırı sağ toplumsal hareketlerin oluşturduğu olumsuz söylemin McCombs ve Shaw’un Gündem Belirleme Kuramı (Agenda Setting Function) bağlamında medya tarafından siyasetin merkezine nasıl oturtulduğu tartışılacaktır. Ayrıca gündemde tutulan mültecilere yönelik olumsuz söylemin gerçeği yansıtıp yansıtmadığı, göçmenlerin ve sığınmacıların biyolojik Almanlardan daha çok suça meyilli olup olmadığı oluşturulan soyut söylemlerden ziyade Almanya İçişleri Bakanlığı’nın yıllık olarak yayınladığı Emniyet Suç İstatistikleri temel alınarak incelenecektir.ABSTRACT IN ENGLISHFar right movements in Germany and evaluation of media discourse of criminal immigrant in the light of official documentsFlows of regular worker migration and regular asylum seekers, of whom European countries are familiar, have significantly changed since 2013/2014 when the civil war of Syria reached its peak. The European Union face probably the most intensive refugee migration since its establishment. European societies and states have not been prepared for this uncontrolled and compulsory immigration. Germany seem to want to turn the refugee crisis into an economic opportunity as evident in their open door policy since the summer of 2015. However, implementation of open-door policy has led a substantial part of German society to a strong campaign against the refugees and Muslims. Refugees and Muslims are referred to as “rapists”, “invaders”, “criminal fraudsters”, and so on in demonstrations of far right movements and media has helped disseminating these discourses. Hence, this manipulated and hateful discourse tries to gain support from the segment of society wh normally does not support far right and often apolitical, or tolerant towards asylum seekers. In this study, the ways in which the negative discourse of far right social movements against immigrants is brought to the centre of the political agenda by media is analysed using the agenda setting framework by McCombs and Shaw. Then, the claims that immigrants are involved in crime, or they are prone to be criminals are analysed and contrasted with the data obtained from the annual Crime and Safety Reports of the German Ministry of the Interior.

Prolactinoma and primary aldosteronism: is there a causal link?

2015 ◽  
Author(s):  
Tracy Ann Williams ◽  
Anna Dietz ◽  
Felix Beuschlein ◽  
Paolo Mulatero ◽  
Martin Reincke
Keyword(s):  
Primary Aldosteronism ◽  
Causal Link

Merger regulation in Central and Eastern Europe: Evidence from Hungary, Romania and Slovenia

2002 ◽  
Vol 52 (3) ◽  
pp. 327-345 ◽  
Author(s):  
T. Kravtseniouk
Keyword(s):  
Eastern Europe ◽  
Central And Eastern Europe ◽  
Merger Control ◽  
Substantial Part ◽  
Economic Competition ◽  
Close Link ◽  
Case Study Methodology ◽  
Domestic Markets ◽  
Study Methodology

This paper shows the principal features of merger control in selected transition economies of Central and Eastern Europe (CEE), namely Hungary, Romania and Slovenia, by applying case study methodology. The presented findings are based on the analysis of Hungarian, Romanian and Slovenian competition law and merger rulings reached by the Competition Offices of these countries. A substantial part of the conclusions is drawn from a sample of 42 merger applications processed by the Office of Economic Competition of Hungary between 1994 and 2000. The results of empirical analysis demonstrate the considerable flexibility of merger control in the studied countries, its orientation towards the future of domestic markets and a close link with industrial policy. The paper also highlights the areas of interdependence of competition policy and transition and argues that merger control in the studied CEE countries may be regarded as currently adequate to the requirements imposed by transition.

Geographical aspects of the diffusion of passive houses

2013 ◽  
Vol 4 (2) ◽  
pp. 151-156 ◽  
Author(s):  
G. Kozma ◽  
E. Molnár ◽  
K. Czimre ◽  
J. Pénzes
Keyword(s):  
Energy Consumption ◽  
Energy Resources ◽  
Substantial Part ◽  
Renewable Energy Resources ◽  
Passive House ◽  
The Earth ◽  
Passive Houses ◽  
The Individual ◽  
Geographical Locations ◽  
Over Time

Abstract In our days, energy issues belong to the most important problems facing the Earth and the solution may be expected partly from decreasing the amount of the energy used and partly from the increased utilisation of renewable energy resources. A substantial part of energy consumption is related to buildings and includes, inter alia, the use for cooling/heating, lighting and cooking purposes. In the view of the above, special attention has been paid to minimising the energy consumption of buildings since the late 1980s. Within the framework of that, the passive house was created, a building in which the thermal comfort can be achieved solely by postheating or postcooling of the fresh air mass without a need for recirculated air. The aim of the paper is to study the changes in the construction of passive houses over time. In addition, the differences between the geographical locations and the observable peculiarities with regard to the individual building types are also presented.

HARMONISING PUBLIC PROCUREMENT IN THE SADC

2014 ◽  
Vol 1 (1) ◽  
pp. 90-109
Author(s):  
Stephen De la Harpe
Keyword(s):  
International Trade ◽  
Free Trade ◽  
Public Procurement ◽  
Developed Countries ◽  
Government Procurement ◽  
Substantial Part ◽  
Private Industry ◽  
Regional Competition ◽  
Model Law ◽  
Opening Up

The promotion of international trade is seen as one of the important instruments to ensure development in developing nations and regions. The history of the World Trade Organisation (WTO) and the drafting of many regional and similar international trade agreements are evidence of this. The Southern African Development Community (SADC) is no exception.1 It is therefore strange that many states that are members of the WTO and actively encourage the opening up of international borders to free trade do not include public procurement2 in such free trade arrangements. This is particularly evident in developing states. If the WTO Government Procurement Agreement (GPA), which is a plurilateral agreement, is considered it is clear that many states do not wish to open their internal markets to competition in the public procurement sphere. It is therefore not surprising that public procurement has been described as the last rampart of state protectionism (Ky, 2012). Public procurement is an important segment of trade in any country (Arrowsmith & Davies, 1998). It is estimated that public procurement represents between 10% and 15% of the gross domestic product (GDP) of developed countries and up to 25% of GDP in developing states (Wittig, 1999). Unfortunately, governments often expect private industry to open up national markets for international competition but do not lead the way. Except for the limited use of pooled procurement,3 no specific provision is at present made for the harmonisation and integration of public procurement in the SADC. In view of the proximity of the member states, the interdependency of their economies and the benefits that can be derived from opening up their boundaries to regional competition in public procurement, the possibility of harmonisation and deeper integration in this sphere needs to be given more attention. The importance of public procurement in international trade and regional integration is twofold: first, it forms a substantial part of trade with the related economic and developmental implications; secondly, it is used by governments as an instrument to address socio-economic issues. Public procurement spending is also important because of its potential influence on human rights, including aspects such as the alleviation of poverty, the achievement of acceptable labour standards and environmental goals, and similar issues (McCrudden, 1999). In this article the need to harmonise public procurement in the SADC in order to open up public procurement to regional competition, some of the obstacles preventing this, and possible solutions are discussed. Reference is made to international instruments such as the United Nations Commission on International Trade Law (UNCITRAL), the Model Law on Public Procurement and the GPA. In particular, the progress made in the Common Market for Eastern and Southern Africa (COMESA) with regard to the harmonisation of public procurement, which was based on the Model Law, will be used to suggest possible solutions to the problem of harmonising public procurement in the SADC.

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