Protecting video games against online copyright infringement: a Russian approach to site blocking

2021 ◽  
Vol 4 (2) ◽  
pp. 122-127
Author(s):  
Alena Kuzmina
Keyword(s):  
Best Practices ◽  
Video Game ◽  
Case Law ◽  
Copyright Infringement ◽  
Potential Solution ◽  
Domain Name ◽  
Domain Specific ◽  
Content Consumption ◽  
The Right ◽  
Site Blocking

Throughout recent years Russia has developed a strong anti-piracy and site blocking laws which claim to become effective tools against an ongoing issue of video game piracy. Thousands of pirate torrent indexing websites, illegal marketplaces with unauthorized digital goods and in-game values are shut down yearly by video game right holders in order to prevent illegal content consumption. Torrent sites loose up to 90% of traffic quickly after blocking measures are implemented. However, if the law is too good to be true, it most probably is. The strict domain-specific site blocking approach has been an ongoing issue and an obstacle for right holders to tackle site blocking circumvention tools from Russia. Most pirate sites hop to a new domain name after the right holder obtains first content-removal order making it impossible to sue the website for repeated copyright infringement. The dynamic site blocking approach developed within European case law and best practices may become a potential solution to this problem.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

Standardy należytego uzasadnienia w świetle orzecznictwa Trybunału Konstytucyjnego i Europejskiego Trybunału Praw Człowieka

2014 ◽  
pp. 33-48
Author(s):  
Przemysław Florjanowicz-Błachut
Keyword(s):  
European Union ◽  
Human Rights ◽  
Due Process ◽  
Case Law ◽  
Fair Trial ◽  
Fundamental Rights ◽  
European Convention ◽  
European Court ◽  
Judicial Reasoning ◽  
The Right

The core function of the judiciary is the administration of justice through delivering judgments and other decisions. The crucial role for its acceptance and legitimization by not only lawyers, but also individulas (parties) and the hole society plays judicial reasoning. It should reflect on judge’s independence within the exercise of his office and show also judicial self-restraint or activism. The axiology and the standards of proper judicial reasoning are anchored both in constitutional and supranational law and case-law. Polish Constitutional Tribunal derives a duty to give reasoning from the right to a fair trial – right to be heard and bring own submissions before the court (Article 45 § 1 of the Constitution), the right to appeal against judgments and decisions made at first stage (Article 78), the rule of two stages of the court proceedings (Article 176) and rule of law clause (Article 2), that comprises inter alia right to due process of law and the rule of legitimate expactation / the protection of trust (Vertrauensschutz). European Court of Human Rights derives this duty to give reasons from the guarantees of the right to a fair trial enshrined in Article 6 § 1 of European Convention of Human Rights. In its case-law the ECtHR, taking into account the margin of appreciation concept, formulated a number of positive and negative requirements, that should be met in case of proper reasoning. The obligation for courts to give sufficient reasons for their decisions is also anchored in European Union law. European Court of Justice derives this duty from the right to fair trial enshrined in Articles 6 and 13 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. Standards of the courts reasoning developed by Polish constitutional court an the European courts (ECJ and ECtHR) are in fact convergent and coherent. National judges should take them into consideration in every case, to legitimize its outcome and enhance justice delivery.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

The Old Order Changeth, Yielding Place to the New (Murli Manohar Joshi’s Tenure)

2018 ◽  
Author(s):  
R.V. Vaidyanatha Ayyar
Keyword(s):  
Public Policy ◽  
Case Law ◽  
Theoretical Explanation ◽  
Educational Institutions ◽  
Original Intent ◽  
Policy Problem ◽  
Old Order ◽  
Reinforcing Factors ◽  
The Right

This chapter elaborates the shifting case law over the 24 year period from 1982 to 2006 in regard to the right of private individuals and organisations to establish educational institutions, the regulation of admissions to private-unaided institutions (self-financing institutions), and the regulatory power of AICTE. It offers a theoretical explanation of these shifts by elaborating two major reinforcing factors. The first is the adoption of an interpretational philosophy that legitimates judges going beyond the express wording and original intent of Constitution makers, discerning the purpose underlying a constitutional provision, and applying the purpose so discovered to rectify failures of public policy and governance types. The second factor is the inbuilt trait to expand as a result of a generous policy of admitting appeals. Given that judges differ considerably in the judicial philosophy they hold, and their perception of policy problem and solutions case law has bene fluid, creating uncertainty for institutions which are regulated as well as regulators like the AICTE.

Does the Injunction Gap Violate Implementers’ Fair Trial Rights Under the ECHR?

2020 ◽  
Author(s):  
Léon E Dijkman
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
European Convention ◽  
The Past ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Federal Supreme ◽  
Validity Of A Patent

Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.

scholarly journals How To Publish: Preparing Manuscripts for Clarity, Transparency, Scholarly Integrity, and Success

2020 ◽  
Vol 4 (Supplement_1) ◽  
pp. 858-858
Author(s):  
Suzanne Meeks
Keyword(s):  
Best Practices ◽  
Round Table ◽  
Open Science ◽  
High Impact ◽  
Publication Ethics ◽  
Scholarly Work ◽  
Scholarly Writing ◽  
Annual Symposium ◽  
The Right

Abstract The GSA publications team sponsors this annual symposium to assist prospective authors to successfully publish their gerontological scholarship in GSA’s high impact and influential journals. The first part of the session will include five brief presentations from the Editors-in-chief of Journals of Gerontology-Series B, Social and Psychological Sciences, The Gerontologist, and Innovation in Aging, plus one of GSA’s managing editors. We will integrate practical tips with principles of publication ethics and scholarly integrity. The topics will be as follows: (1) preparing your manuscript, including how to choose the right journal; (2) strong and ethical scholarly writing for multidisciplinary audiences; (3) transparency, documentation, and Open Science; (4) successfully responding to reviews; and (5) working with Scholar One. Following these presentations, we will hold round table discussions with editors from the GSA journals portfolio. At these roundtables, editors will answer questions related to the podium presentations and other questions specific to each journal. Intended audiences include emerging and international scholars, and authors interested in learning more about best practices and tips for getting their scholarly work published.

scholarly journals Establishing a baseline of science communication skills in an undergraduate environmental science course

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Rashmi Shivni ◽  
Christina Cline ◽  
Morgan Newport ◽  
Shupei Yuan ◽  
Heather E. Bergan-Roller
Keyword(s):  
Best Practices ◽  
Science Communication ◽  
Environmental Science ◽  
Essential Elements ◽  
Science Students ◽  
Early Step ◽  
Effective Science ◽  
Media Types ◽  
Undergraduate Science ◽  
The Right

Abstract Background Seminal reports, based on recommendations by educators, scientists, and in collaboration with students, have called for undergraduate curricula to engage students in some of the same practices as scientists—one of which is communicating science with a general, non-scientific audience (SciComm). Unfortunately, very little research has focused on helping students develop these skills. An important early step in creating effective and efficient curricula is understanding what baseline skills students have prior to instruction. Here, we used the Essential Elements for Effective Science Communication (EEES) framework to survey the SciComm skills of students in an environmental science course in which they had little SciComm training. Results Our analyses revealed that, despite not being given the framework, students included several of the 13 elements, especially those which were explicitly asked for in the assignment instructions. Students commonly targeted broad audiences composed of interested adults, aimed to increase the knowledge and awareness of their audience, and planned and executed remote projects using print on social media. Additionally, students demonstrated flexibility in their skills by slightly differing their choices depending on the context of the assignment, such as creating more engaging content than they had planned for. Conclusions The students exhibited several key baseline skills, even though they had minimal training on the best practices of SciComm; however, more support is required to help students become better communicators, and more work in different contexts may be beneficial to acquire additional perspectives on SciComm skills among a variety of science students. The few elements that were not well highlighted in the students’ projects may not have been as intuitive to novice communicators. Thus, we provide recommendations for how educators can help their undergraduate science students develop valuable, prescribed SciComm skills. Some of these recommendations include helping students determine the right audience for their communication project, providing opportunities for students to try multiple media types, determining the type of language that is appropriate for the audience, and encouraging students to aim for a mix of communication objectives. With this guidance, educators can better prepare their students to become a more open and communicative generation of scientists and citizens.

An Aid in Selecting the Brand, Size and Other Strategic Choices for a Hotel

1997 ◽  
Vol 21 (1) ◽  
pp. 71-99 ◽  
Author(s):  
Richard C. Morey ◽  
David A. Dittman
Keyword(s):  
Best Practices ◽  
Operations Management ◽  
Final Decision ◽  
Facility Design ◽  
Strategic Choices ◽  
Suggested Approach ◽  
Brand Building ◽  
Explicit Consideration ◽  
The Many ◽  
The Right

The “go/no-go” decision for a candidate property, i.e., whether or not to actually acquire the site, choose the brand (flag), build and operate the hotel, requires the explicit consideration of the interconnectedness of the many myriad elements affecting the property's potential profits. The many facility design decisions (number and mix of rooms, capacity for F&B operations etc.) as well as other strategic choices (e.g., size of marketing program, level of service aimed for) must recognize the site's competitive features and interactions with the above. Also, the particular design and operational features for a given property will affect its different revenue streams, fixed and variable costs, efficiency and profits. The authors consider developers contemplating acquiring a given site, choosing a brand, building and operating a new hotel. They offer a normative approach for this type of decision which arrives endogenously at possibly attractive options for the brand, design and strategic choices for the site. The final decision as to which option to actually use, if any, should be based on subjecting the above identified scenarios, as well as others, to traditional feasibility analyses where judgment and expert opinion are applied. The authors' implementable approach integrates a “best practices” benchmarking methodology with regression analysis to yield a mathematical programming optimization model. A key advantage of this approach lies in its contrast to conventional approaches for site selection which often ignore the more detailed design and strategic choices. The approach deals explicitly with the complex interfaces between marketing and operations management as the endogenous site and competitive environmental factors interact with the endogenous brand and facility design choices. By identifying attractive options to be further explored (that might otherwise be overlooked), several types of errors are avoided: i) an incorrect “go/no go” decision could be recommended for the site in question; ii) even if the right decision to proceed is made, the forecasted level of annualized profits could be in error, leading to an incorrect priority for the activity; iii) the incorrect brand and facility design choices could be made for the site. Other key advantages of the suggested approach are that 1) various substitution possibilities (between more or less capital, labor, materials etc.) are considered; 2) not only is the best brand and configuration identified, but also a ranking of other brands is available if the “best” brand is not available; 3) the “best practices” at other specific sites (which serve as the basis for the recommendations) are identified, thereby enabling management (possibly through site visits) to isolate the actual cultures, processes and procedures to be transported and emulated at the candidate site. This paper illustrates the approach for two different sites.

The protection of genetic information

2010 ◽  
pp. 91-113
Author(s):  
Juri Monducci
Keyword(s):  
Genetic Information ◽  
Personal Data ◽  
Genetic Data ◽  
Case Law ◽  
Genetic Determinism ◽  
Genetic Identity ◽  
Statutory Protection ◽  
Right Not To Know ◽  
Genetic Makeup ◽  
The Right

The law pertaining to personal data has developed in Italy over a thirty-year span that took us from recognition of such data in the case law, in 1975, to its statutory protection, in 2003. This evolution would subsequently come to the point of specifically regulating the processing of genetic data as data revealing an individual's genetic makeup, thereby also revealing the biological future of individuals and their offspring: this information describes an individual at a core level where the deepest, most unchangeable traits are found and can therefore nurture what is nowadays referred to as genetic determinism, which reduces the person to a complex of genetic data and so ignores the whole layer of characteristics that make each of us unique. There is, then, a discriminatory risk inherent in the processing of genetic data, and equally clear are the psychological implications of such processing, so much so that the need has arisen to have rules in place aimed at regulating the biotechnologies and genetics in particular. These rules have given birth to the so-called fourthgeneration rights, inclusive of the right to ones genetic identity and the right not to know ones genetics (although this is something that had been discussed earlier, too), and it is to a discussion of these rights that this essay is devoted.

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