Search

When a firm collaborates with its suppliers, it expands its access to external know-how and thus can enhance its innovation performance. Such collaborations are common and argued to have significant impact on the firm's market outcomes. However, such collaborations also expose the firm to various transactional hazards, including knowledge spillovers and opportunism. This trade-off looms over the firm's commitment to a market positioning strategy and the functional capabilities it draws on to generate its strategy dividend. Recent accounts suggest that the verdict on supplier collaborations is noisy and that partner perceptions of these collaborations do not align on key issues of governance, strategy, and value generation. To investigate this, the authors study 202 formal codevelopment contracts of high-tech original equipment manufacturers that collaborated with suppliers from 1985 to 2016. Drawing on the governance value analysis framework, the authors show how misalignment between the firm's codevelopment contracts, capabilities, and market positioning strategy significantly erodes its innovation performance. Thus, blanket prescriptions for one type of contract or the other are misdirected, their effectiveness being a contingent outcome dependent on the firm's market positioning strategy and functional capabilities. This research presents one of the most complete tests of the governance value analysis framework to date. [ABSTRACT FROM AUTHOR]

Terms of service (ToS) for social networking sites (SNS) like Instagram, Meta, X, and so on, is a clickwrap agreement that establishes a legal relationship between platform owners and users, yet probably it is the most overlooked legal agreement. The users of these sites often overlook the ToS while registering themselves on these sites and even if users (especially those with no legal background) are attempting to read them, it is difficult for them to understand because of the legal jargon. As a result, they end up signing away legal rights about which they are unaware. According to these sites' ToS, though the ownership of the user‐generated content is bestowed upon the user but the users grant to these sites "a non‐exclusive, royalty‐free, transferrable, sub‐licensable, worldwide license" and this license can be used "to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of user's content." These sites even bestow on themselves the right to modify the content which poses challenges to the right‐holders' moral rights. The fact that these platforms can sublicense the user's work creates complexities when a user intends to grant an exclusive license of his work. There is no clarity on the language of the terms like the manner of exploiting the user's content, what happens if the sublicensing is for a wrongful purpose? The problem magnifies as there is neither explicit indication about the duration of the license nor about the territorial extent. This would suggest that these sites can get a perpetual license on the content of the users. These SNS have consumers spread worldwide but in their ToS, they have forum selection clauses that list out the courts and districts in California. This means users will be discouraged to bring a copyright suit due to the lack of an option to file a claim in their home country. The US case Agence France Presse (AFP) v. Morel helps us conclude twofold mainly there is a hope that SNS will not take ToS to shield themselves from further use of the user's work and strengthen the idea that these platforms may choose to license to their partners. Further, in 2018, the Paris Tribunal declared most clauses of Twitter "null and void" due to the nature of the license and also, because it was not in compliance with French Intellectual Property Code. This gives a faint hope for a positive shift in the legal treatment of user‐generated content. Though these sites claim to retain the sublicensing right to run their sites smoothly but the licensing is very broad and carries the possibility of many usages of the content that too without paying compensation to the user. Therefore, this paper aims to highlight and give insight into the unfair licensing terms of the most often used social networking sites and its implications. [ABSTRACT FROM AUTHOR]

As AI adoption expands, so does the landscape of related legal liability. Lawyers, policymakers, and business executives should become AI-literate with respect to the potential harms and litigation risks associated with this technology as it grows in capabilities and adoption. This Article provides a brief introduction to the legal landscape to consider when developing, licensing, or using AI systems. While the regulatory and legal landscapes are rapidly evolving, this Article aims to provide a foundational understanding to help mitigate liability and avoid the associated harms to companies, individuals, and communities. [ABSTRACT FROM AUTHOR]

States view protests as disruptive and police them. Scholarship points to selective policing of protests that endanger law and order as well as those organized by minority groups. A common form of protest policing in cities is requiring protestors to obtain permits in advance. We use interviews with protestors and the police in New Delhi to examine their perception of protest policing. We test these perceptions empirically using an original dataset of 4,921 protest applications submitted to the Delhi police between 2016 and 2019. We find that the rejection of protest applications is driven by the disruptive threat that they pose rather than the identity of the protesting group. However, the police disproportionately flag protest applications by religious minorities for threat assessment. A postcolonial police force, which privileges preservation of order over its other functions, regularly curtails the democratic freedom to protest. [ABSTRACT FROM AUTHOR]

Technology trade development is a necessary condition for increasing the level of economy competitiveness and rational integration of a country into the process of labor international division. The purpose of the study is to determine trends in international trade in technology development of Russia in 2006–2021. Based on the analysis of the Federal State Statistics Service data for 2006–2021, conclusions have been drawn that during the period under review, technology imports from Russia increased 4.4 times (up to USD 5.0 billion), while exports increased 8.8 times (up to USD 4.6 billion). The outstripping growth of exports compared to imports testifies to the increasing level of technological development of Russia, although the technology imports volume according to the methodology of the Federal State Statistics Service is underestimated relative to the real state. The leading role in techno logies export belongs to engineering services, the share of which reached 40 % in the total volume of trade in 2021. The growth in the engineering services export volume indicates the growth of economic entities’ competitiveness of a number of sectors of the national economy in the world market. In many respects, this result was achieved due to the successful activity of the Rosatom state corporation, which implements a number of large foreign projects for the nuclear power plants construction.

The article focuses on the significant developments and regulatory adjustments surrounding the legalization and implementation of adult-use cannabis in Minnesota, U.S. following the initial legalization in May 2023. It outlines key legislative changes from the 2024 session, including the introduction of a new licensing structure prioritizing social equity applicants and shifting from a merit-based to a qualified lottery system.

A legal trade in antiquities existed in Egypt until 1983. A recent publication on the antiquities trade provides the opportunity to scrutinize the process by which the Egyptian Service des Antiquités attempted to control the trade through the issuing of licenses to dealers. This offers a corrective view of Egyptology as something that is as much a bureaucratic process as an academic discipline. [ABSTRACT FROM AUTHOR]

Academic libraries license thousands of electronic resources and they all might not be fully accessible. Libraries need to be prepared to assist patrons with inaccessible features by putting an equally effective alternative access plan into place. Submitting accessibility reviews, either university mandated or generated from the library, helps ensure that electronic resources meet accessibility standards. [ABSTRACT FROM AUTHOR]

Introduction: A consequence of corporate influence on public policy is the potential for negative impacts on population health. Consequently, it is imperative that public health advocates and scholars stay abreast of emerging corporate practices designed to influence regulatory measures aimed at safeguarding health. To identify these emerging practices, we attended a national corporate affairs conference to identify tactics and gain insights from the range of commercial actors presenting at the event. Method: An observational design was used for the research. This involved observation of senior executives presenting at a national corporate affairs conference in Australia in 2023. The collected data was inductively and thematically analyzed by the authors. Results: Our findings revealed that the foremost concern for corporations was maintaining a "social license to operate." Notably, corporate actors perceived social media as a critical threat to social license as it can rapidly sway public opinion against them. Strategies identified for preserving social license included building relationships with the public and civil society, leveraging AI-driven data services to monitor and effectively respond to perceived threats, to convert dissenters into advocates, and applying the narrative of value creation and stakeholder capitalism. Conclusion: This study contributes valuable insights for public health advocates and scholars by shedding light on the mechanisms employed by corporations to counteract regulatory measures. These mechanisms include using stakeholder capitalist narratives to frame and reframe discussion and debate, engaging dissenters to convert them into advocates, and leveraging partnerships to camouflage actions and build social license halos. It also revealed the unprecedented power and new platforms that previously weak actors now have via social media. The observations from the conference offer a nuanced understanding of corporate strategies, enabling advocates to effectively challenge prevailing narratives that may undermine public health initiatives. [ABSTRACT FROM AUTHOR]

Synchronization (sync) licenses are required for works in which music is synchronized to video and generally have high transaction costs because they must be individually negotiated. Traditionally, sync licenses were obtained by sophisticated parties for movies, television, commercials, and the like. But digital platforms like TikTok have brought sync licenses from obscurity into the hands of every person with a smartphone. This transformative innovation has created new issues for copyright law. First, usergenerated content (UGC) created by individuals and shared on the internet via social media platforms or websites may require sync licenses that are cumbersome to negotiate and overinclusive. Private agreements between platforms like TikTok and record labels and publishers usually fill the gap, allowing most users to play music with their videos free from concern about copyright infringement. However, these licenses do not account for copyright's fundamental balance between access and exclusivity because they are overinclusive: Some content on TikTok may be covered by the doctrine of fair use, in which case no license is required. Fair use is an affirmative defense to copyright infringement that permits the defendant to use the copyrighted work without paying the rightsholder. Second, TikTok's agreements with labels and publishers could be eroding fair use. The ex-post nature of fair use means that risk-averse parties, when confronted by a situation in which the viability of their claim is unclear, are likely to obtain a license not required by law. This in turn can narrow the scope of fair use because the existence of an active licensing market makes it less likely that a court will find a use is fair. Future parties then become less likely to rely on an increasingly dubious fair use defense. In the TikTok context, doctrine about fair use and sync is especially uncertain. The scant precedent in UGC fair use cases appears to be highly fact-dependent, there are few cases that specifically deal with sync rights, and none of those have decided fair use as applied to sync. This Note proposes a blanket, compulsory license for noncommercial UGC sync as an imperfect solution to help correct the balance of copyright in the digital platform era. The compulsory license would return review of public copyright law back to Congress and courts and prevent private ordering from curtailing fair use. Further, valuable creativity would be protected because rightsholders would not be able to withhold permission for use of copyrighted material. [ABSTRACT FROM AUTHOR]

The development of markets for private for‐profit care homes often raises concerns about the quality of services provided by these care homes. To address the fundamental needs of their residents, governments introduce quality regulations and, through mandatory licensing, allow private care homes to enter the market. However, in some countries, evidence reveals that many private care homes operate without a mandatory licence; information about the basic characteristics of these unlicensed care homes (UCHs) and their operations is often unavailable because they try to remain 'invisible'; they have also received little research attention. This article fills this gap using the case of Poland. The study employs a unique dataset combining inspection reports produced during public monitoring of UCHs and in‐depth interviews with owners of such care homes. This article explores how the regulation of markets for private care homes does not lead to the comprehensive licensing of such care homes. The findings show that the regulation enabled UCHs to remain 'partially visible' to many parties, including public sector entities. The findings contribute to a wider debate about the marketisation of long‐term care, particularly regarding the noncompliance of private providers. [ABSTRACT FROM AUTHOR]

This research have two purposes: 1. to learn and explain the quality analysis of licensing management through the Online Single Submission Risk Based Approach (OSS-RBA) system at Dinas Penanaman Modal dan Pelayanan Terpadu Satu Pintu Kabupaten Maluku Tengah and 2. to know and explain what the supportive and impeding factors in the management of licences through the Online Single Submission Risk Based Approach (OSS - RBA) at Dinas Penanaman Modal dan Pelayanan Terpadu Satu Pintu Kabupaten Maluku Tengah. The method used in this research is qualitative with a descriptive approach, using five dimensions of quality according to Parasuraman, Zeithaml, and Berry: tangibles, reliability, responsiveness, assurance, and empathy. In this research, there were 22 respondents, consisting of 7 (seven) officers at Dinas Penanaman Modal dan Pelayanan Terpadu Satu Pintu Kabupaten Maluku Tengah and 15 entrepreneurs (14 UMK and 1 non-UMK). In this research, data collection techniques are carried out with observations, structured interviews, and documentation. Based on the results of the quality analysis of licensing management through the Online Single Submission Risk Based Approach (OSS-RBA) system at Dinas Penanaman Modal dan Pelayanan Terpadu Satu Pintu Kabupaten Maluku Tengah. The researcher concluded the following categories of results: 1. tangibles with a good category; 2. reliability with a good category; 3. responsiveness with an excellent category; 4. assurance with an excellent category; and 5. empathy with an excellent category. In addition, there are factors that support the process of licensing management through this OSS-RBA system: ease of requirements, accessibility, rapidity of handling time, and fee/cost setting. While the factors that hinder the process of licensing management through this OSS-RBA system are: network and system connections, compliance with requirements, has not made changes to the AHU for the enterprise/AHU blocked, the entrepreneur forgot their OSS access rights, incorrectly entered KBLI, still exists the brokering practice, Identity Card Number (NIK) and Taxpayer Identification Number (NPWP) having problems and invalid. [ABSTRACT FROM AUTHOR]

This study aims to determine the Effect of Human Resources and Infrastructure Competence on the Performance of Licensing Services in the Investment Office and One-Stop Integrated Services of Central Maluku Regency, both partially and simultaneously. This type of research is quantitative research. The respondents in this study were people/business actors who came to the Investment Office and One-Stop Integrated Services of Central Maluku Regency to apply for permits with the number of samples obtained as many as 80 people. Data collection techniques using questionnaires and processed using the SPSS statistical analysis application program. The results showed that partially and simultaneously the competence of Human Resources and infrastructure facilities had a positive and significant effect on the performance of licensing services at the Investment Office and One-Stop Integrated Services of Central Maluku Regency. [ABSTRACT FROM AUTHOR]

The entertainment industry is being rocked by the potential of deepfakes. A deepfake of a performer can appear to be the performer in a way that no CGI or makeup-enhanced stunt double possibly could, potentially serving as direct competition for them or deceiving audiences. It is now possible to have dead actors star in new productions, to revise casting choices months after filming, and to simulate extras electronically. The law has not caught up with this technological revolution. This Article traces the ways in which right of publicity law struggles to control this new form of identity exploitation. Specifically, it examines how traditional protections for expressive uses—key for allowing the depiction of real-world figures in biopics and historical dramas—are too broad when applied to digital replicas like deepfakes. This Article proposes changes to how right of publicity law treats expressive uses and also considers the problems raised by current right of publicity licenses and the overbroad terms they regularly contain. In the past, the problems created by these broad licensing terms were limited by technology—one could only do so much with the film available. But now new canons of interpretation are needed to prevent the contracts being used to justify uses beyond what the contracting parties could have imagined. [ABSTRACT FROM AUTHOR]

Copyright of Bulletin of the L.N. Gumilyov Eurasian National University. Law Series is the property of L.N. Gumilyov Eurasian National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Based on fieldwork for licensing environmental impact studies in Bahia, northeastern Brazil, we present new records of five tree species, including two species known only from their type locality. The records mostly originate from highly human-modified areas in Atlantic Forest, which we argue that should not be underestimated by environmental licensing studies. We assess the conservation status of the five species and highlight the importance of using trained botanists for recording species of conservation concern. Our data demonstrate that studies for environmental licensing can contribute knowledge and aid in biodiversity conservation. [ABSTRACT FROM AUTHOR]

Tattoos are unique amongst copyrightable forms of expression because, by virtue of being drawn onto human canvases, they necessarily require that the artist grant an implied license to the tattooed individual. By this license, a tattoo is integrated with the tattooed individual's overall likeness, with all the associated rights that follow. In recent years, a trio of federal district court decisions have attempted to demarcate the metes and bounds of the implied license for tattoos, specifically in the realm of video games. On March 26, 2020, in Solid Oak Sketches, LLC v. 2K Games, Inc., the U.S. District Court for the Southern District of New York held that the reproduction of the defendant's tattoos in a video game was de minimis, covered by an implied license, and protected by fair use as a matter of law. The litigation sparked national interest and gave rise to subsequent lawsuits on the same issue in other jurisdictions. On September 26, 2020, in Alexander v. Take-Two Interactive Software, Inc., the District Court for the Southern District of Illinois held that the reproduction of athletes' tattoos in video games was not necessarily protected by implied license or fair use; rather, the question was a matter of fact for juries to consider at trial. On September 20, 2022, in Hayden v. 2K Games, Inc., the District Court for the Northern District of Ohio came to the same conclusion as Alexander. Although this issue has not yet reached the appellate level, the disagreement necessitates clearer guidance in the law. This Note argues that the Southern District of New York's approach should be adopted by the federal courts because it comports with the concept of bodily autonomy and most efficiently accomplishes the policy goals of copyright. [ABSTRACT FROM AUTHOR]

With the growth of the licensing of Intellectual Property rights in the global economy, the insolvency treatment of licensing agreements has also taken on greater importance. This paper analyses the treatment of intellectual property licences under the European Commission's new Directive Proposal 2022/0408/COD, the flagship law of the European insolvency harmonisation project. The paper focuses on the Proposal's approach in cases where the debtor's business, or part of it, is sold as a going concern in the pre-pack context. It contrasts the European response to the US Bankruptcy Code, which serves as a significant source of inspiration, and provides examples of how some EU Member States handle such cases. In substance, the paper examines the Commission's steps towards harmonising the treatment of IP licences in insolvency. Considering the insolvency context and the needs of the parties to the licence, it critically analyses not only the expediency of implementing specific regulations but also the effectiveness of the means employed. Finally, the paper provides some suggestions to amend the Proposal and highlights the necessity to revisit the broader debate over the treatment of IP licences in European insolvency legislation in general. [ABSTRACT FROM AUTHOR]

We present two different typologies of legal/contractual information in the context of natural history objects: the Biodiversity Permit/Contract Typology categorises permits and contracts, and the Typology of Legal/Contractual Terms for Biodiversity Specimens categorises the terms within permits and contracts. The Typologies have been developed under the EU-funded SYNTHESYS+ project with the participation of experts from outside the consortium. The document further addresses a possible technical integration of these typologies into the Distributed System of Scientific Collections (DiSSCo). The implementation in the DiSSCo data model is outlined and a concrete use case is presented to show how conditions, e.g. the Typology of Legal/Contractual Terms, can be introduced into the DiSSCo Electronic Loans and Visits System (ElViS). Finally, we give an outlook on the next steps to develop the typologies into a standard that supports compliance with legal and contractual obligations within the wider community of natural science collections. [ABSTRACT FROM AUTHOR]

As corporations continue to prioritize environmental, social. and governance (ESG) improvements alongside profit, cooperation with competitors may be an important part of their toolbox. In particular. cooperation can help to advance initiatives like the elimination of an unsustainable product type, which is a drastic step a corporation likely would not take on its own.forfear of hurting its bottom line and customer loyalty. The issue is that agreements among competitors to engage in such steps may violate antitrust laws, as suggested by the Justice Department in the Trump administration and numerous state attorneys general. This Comment uses the term "green product fixing" to rejer to the practice of a business entering into agreements with its competitors regarding environmentally-focused product standards and identifies two principal reasons why antitrust law niayspell troublejor green product fixing. First. antitrust case law is clear that self-regulation in the form of extra-governmental product standards and codes Of conduct is a violation of the Sherman Antitrust Act. Second, while the law does have some room to permit agreements that would otherwise be unlawful, based on certain o#setting procompetitive benefits. jactors like a reduction in carbon emissions or pollution would not be considered as procompetitive benefits under the current application of United States antitrust law. This Comment argues that a different type of analysis from that traditionally used in antitrust law is necessary with respect to green product fixing. The traditional analysis focuses on consumer welfare but does not capture the benefit to consumers, as members of society, from the reduction in negative externalities resulting.from a cooperation agreement. This Comment proposes balancing the traditional analysis with consideration of environmental benefits that trickle down to consumers. It also evaluates potential avenues for legislative and.judicial implementation of such an analysis. [ABSTRACT FROM AUTHOR]

The practice of sailing permits encounters challenges when the issuance of relevant sailing permits does not align with the designated jurisdictional authorities, as shown in the case involving KM Karya Indah. This study aims to identify the underlying causes of disharmony between Central and Regional Government Regulations regarding jurisdictional authority over sailing permits. Additionally, the study seeks to establish the proper approach to managing sailing permits based on the principles of balance and public interest. The research employed a normative legal research method, utilizing both the Statute Approach and the Conceptual Approach. Primary and secondary legal sources were employed as research materials. The findings indicate that within the domain of jurisdictional authority related to sailing permits, there is a lack of congruence between Central and Regional Government Regulations. In particular, the regional regulations necessitate that the processing of sailing permits should occur through the respective region first, under the jurisdiction of the Governor as the responsible authority. However, the practical application deviates from this structure, as the sailing permit processing is directly pursued at the central government level, and endorsed by relevant parties. The issuance of the pertinent sailing permits should align with the designated jurisdiction and the respective authorizing entities to avoid disharmony among regulations. Such harmonization is necessary to maintain balance and uphold the public interest, which serves both the permit applicants and the broader society. [ABSTRACT FROM AUTHOR]

Indonesian government has established measurable fishing regulations by Government Regulation 11/2023 to protect and sustain fishery resources. This policy is unsuitable for small fishermen's needs and has resulted in mass demonstrations in South Papua. Data were conducted with the fishermen demonstrators (n=100) by participation observation, in-depth and semi-structured interviews. The results showed fishermen refused the regulated fishing regulations for vessels <30 GT as far as 12 miles, simplify the licensing process, increase the fuel quota and repeal mooring requirements only at the Merauke fishing port. Formulating laws and regulations for fisheries management requires a combination of ecological, economic, and sociocultural principles to sustain fisheries systems. Stakeholder involvement must be implemented into every policy design and decision-making stage by integrating fishermen's perspectives in the fishing business. Integrating fishermen's points of view can be a benchmark for the suitability of fishermen needs and sustainability of fisheries resources in each region. [ABSTRACT FROM AUTHOR]

International student-athletes are being sidelined from deals that would allow them to reap financial benefits from licensing their name, image, and likeness ("NIL"). The calls to sideline these students are not coming from the NCAA or even the federal agencies in charge of immigration. The calls are coming from overly cautious universities, attorneys, and academics who incorrectly see NIL licensing as work or employment that is incompatible with the visa obligations of international student-athletes. This Article argues that international athletes can license their NIL without violating their visa terms. [ABSTRACT FROM AUTHOR]

In a competitive and stressful world that demands vitality, energy and good health, cosmetics play an increasingly important role for individuals and society as a whole. In this context, customization is a prominent strategy in the beauty industry that can satisfy varied customer preferences. Today's personalized cosmetics can be defined as three major types: (a) previously made by manufacturers according to customer needs (made-to-order services), (b) do-it-yourself (DIY) kits provided for the manufacture of cosmetics by customers themselves at home or (c) performed on site (in situ) by sellers or customers. Most personalized cosmetics belong to type a or b, where safety and quality are previously ensured by the manufacturers. These are considered general commercial cosmetics; therefore, the final products should comply with regulations such as the Cosmetic Act of the Republic of Korea, and EC Cosmetic Regulation 1123/2009 in Europe (European Commission, 2009). Meeting legal regulations for customized cosmetic products can be a challenge, but compliance is achievable in most situations, especially by the Korean Country market through the Cosmetic Act update. The South Korean Ministry of Drug and Safety (MFDS), in March 2020, introduced the world's first regulatory guidelines on custom (personalized) cosmetics. Also, in april 2023, Shanghai issued its first license for on-the-spot on site (in situ) personalized cosmetics service, marking the launch of a pilot program for such a service in the city. In the European Union, from this perspective, a customized cosmetic product on the market (online purchase with production at regular facilities; mixing in situ; mixing with a household device; mixing boosters with a cosmetic base), does not ensure total compliance with the regulations in the field. A new, updated guide harmonizing the regulations for personalized cosmetic products should enable best practices for the single market, ensuring their quality and safety. [ABSTRACT FROM AUTHOR]

The United States Army Corps of Engineers (the Corps) recently announced its intention to review Nationwide Permit 12 (NWP 12) to address widespread criticism that the permit raises serious environmental justice concerns. Such concerns are well-founded. NWP 12 fast tracks the development of oil and natural gas pipelines with minimal notice or environmental review. It has been instrumental to the permitting of proposed pipelines such as the notorious Keystone XL Pipeline or the Byhalia Pipeline in Southwest Memphis, both of which presented significant issues of environmental justice. For this reason, the Corps's decision to review NWP 12 is a watershed moment for critics of the Nationwide Permit Program. However, simply addressing NWP 12 in isolation will not solve the fundamental environmental justice problems that are built into the Nationwide Permit Program as a whole. Drawing on theories of procedural environmental justice, this Article will explain how the Nationwide Permit Program as a whole systematically disadvantages communities of color and other socially vulnerable communities and denies them the procedural rights that are necessary to protect their communities. By removing the public comment requirement o fa standard Clean Water Act individual permit, these Nationwide Permits make it harder for communities to make their voices heard to object to the siting and construction of harmful infrastructure in areas already overburdened by pollution. This Article will explain why NWP 12 should be revoked and will discuss how other Nationwide Permits, most notably Nationwide Permit 13, which permits seawalls and bulkheads, raise similar environmental justice concerns. Finally, this Article will explain how the Nationwide Permit Program should be reformed to address environmental justice concerns. [ABSTRACT FROM AUTHOR]

Lately, there have been several multi-jurisdiction litigations involving SEPs. In large part this is because of the complexity of executing FRAND licenses for SEP portfolios. This work focuses on, and explains, some of the issues that arise in the context of FRAND licensing-including, the problem of over-declaration by SEP holders, the possibility of patent hold-out, difficulties associated in court determination of terms of a global FRAND license for SEP portfolios, lack of awareness regarding the nuances of SEP/FRAND space, and the intrinsic informational imbalances that exist in any FRAND negotiation. The issues discussed here are by no means exhaustive and many of them do not have easy answers. [ABSTRACT FROM AUTHOR]

Cap-and-trade systems, or emission trading systems (ETS), are increasingly adopted by countries and regions to provide economic incentives for reducing greenhouse gas emissions. The majority of existing ETS are early-stage systems implemented in and after 2013. These early-stage ETS are typically characterised by a focus on few industry sectors, and the employment of free emission allocation schemes including grandfathering and benchmarking. In this paper, we investigate the impact of emission allocation schemes in an early-stage cap-and-trade system in a duopoly market. We show that benchmarking scheme may lead the energy-efficient firm to reserve part of its emission permits, while firms always use up their after-trading permits under grandfathering. We also find that a more stringent emission cap may increase firms' profits rather than decreasing them under both allocation schemes, suggesting a possible cause for windfall profits observed in early-stage ETS. Benchmarking is found to lead to lower emissions compared to those under grandfathering, while it may result in higher or lower firm profits, consumer surplus, and the overall social welfare. Furthermore, under either allocation scheme, allowing emission trading does not affect the total emissions, while it can increase firm profits and consumer surplus and therefore the overall social welfare. [ABSTRACT FROM AUTHOR]

Some journals require users to register before accessing a scientific paper, despite labelling that content as open access (OA) and free-of-charge. We refer to such cases as members-only OA (MOOA), which we contend is not ‘free’ since users are forced to ‘pay’ with personal data. Scholarly content may be accessible via MOOA to either the in-browser text (HTML) or to the archival-friendly version (PDF), or both. We suggest a four-tier typology to capture the degree of openness based on this observation. We believe that technical guidelines of OA implementation should not permit MOOA.

Fast digitalization of the power grids and the adoption of innovative software solutions is key to a successful energy transition. In other sectors, such as telecommunication or cloud computing, open-source software has already proven capable of transforming entire industries, by speeding up development and lowering development costs while achieving high levels of stability, interoperability, and security. However, the energy sector has not yet embraced open-source software to the same level. We discuss how existing open-source software principles can be applied to the unique challenges of the energy sector during the transition towards higher penetration of renewable energy resources. To provide an overview of the current state of the open-source software landscape, we collected and analyzed 388 open-source projects, in terms of project activities, community composition, relevant licenses, and commonly used programming languages. One finding was that the majority of projects are currently driven by academic contributors, but that commercial players do also play a role, and we identify positive examples of collaboration between the two, mostly related to standardization. [ABSTRACT FROM AUTHOR]

The music licensing legal landscape is complicated and fragmented. Music users like movie producers, bar owners, and radio broadcasters must navigate a tangled web in order to avoid liability when using copyrighted music. Due to the complexities of the system, the distribution of the most common type of music license, the public performance license, has been subject to the supervision of the federal government since the 1940s when the Department of Justice became concerned about anticompetitive behavior in the industry. The DOJ imposed consent decrees on the primary distributors of public performance licenses which purportedly limit the distributors’ ability to impose burdensome terms on licensees. These agreements remain in place today and have streamlined the process of obtaining that type of license. Meanwhile, the framework for obtaining other types of licenses remains convoluted. In 2019, Peloton Interactive was sued by a group of music publishers responsible for distributing a type of license known as a sync license. The publishers alleged that Peloton was using thousands of popular songs in its workout videos without obtaining the proper sync licensing. In response, Peloton argued that the current frame-work for obtaining sync licenses was ill suited to its needs and asserted antitrust counterclaims against the publishers. The parties ultimately settled, but the lawsuit highlighted how the current method of distributing sync licenses is unworkable for many of the modern world’s music users. This Note argues that the DOJ should consider taking action to supervise the distribution of sync licenses, in the same way it currently supervises the distribution of public performance licenses. [ABSTRACT FROM AUTHOR]

The topic of the Creative Commons licenses is very important nowadays because this license is new and different from the traditional licenses. The aim of this research article is to address the legal aspects of a licensee's obligations according to the Creative Commons licenses and their relationship to copyright. The Creative Commons licenses raise several questions that this study will focus on answering, namely: the concept of the Creative Commons licenses, the characteristics of the Creative Commons licenses, the licensee's obligations under the Creative Commons licenses, and the relationship between the Creative Commons licenses and copyrights. The importance of this research article comes from the fact that Creative Commons licenses are a new mechanism and an unconventional type of license over copyright. The problem of this study lies in the author's fear of infringement of his exclusive rights after granting the Creative Commons licenses to others. Finally, in this study, an analytical and descriptive research methodology was used to clarify the ambiguities in the legal aspects of the licensee's obligations under the Creative Commons licenses and their relationship to copyright. In the conclusion of this study many important results and recommendations are communicated. [ABSTRACT FROM AUTHOR]

Image processing and embedded systems are used in many applications such as object recognition, robotic applications, autonomous and remote control systems developed for the defense industry, medical applications, face recognition, and vehicle license plate recognition. Many vehicle license number plate detection methods are not effective under vehicle license plate images have a degree of rotation or low resolution images. Thus, we used MVSR normalization algorithm to detect vehicle license plate recognition for better accuracy and lower computational cost. The MVSR normalization algorithm, Mean-Variance-Softmax-Rescale processes respectively is applied for high-accuracy real-time vehicle license plate detection. [ABSTRACT FROM AUTHOR]

This paper proposes a methodology to assess video quality, spatial and social presence, empathy, attitude, and attention in 360-degree videos for immersive communications. The methodology is validated in an experiment which simulates an immersive communication environment where participants attend three conversations of different genre (everyday conversation, educational, and discussion) and from actor and observer acquisition perspectives. We consider three experimental conditions: (A) visualizing and rating the perceptual quality of contents in a Head-Mounted Display (HMD), (B) visualizing the contents in an HMD, and (C) visualizing the contents in an HMD where participants can see their hands and take notes. In all conditions participants visualize the same 360-degree videos, designed and acquired in the context of international experiences. Fifty-four participants were evenly distributed among A, B, and C conditions taking into account their international experience backgrounds (working or studying in a foreign country), obtaining a balanced and diverse sample of participants. In this paper, video quality is evaluated with Single-Stimulus Discrete Quality Evaluation (SSDQE) methodology. Spatial and social presence are evaluated with questionnaires adapted from the literature. Initial empathy is assessed with Interpersonal Reactivity Index (IRI) and a questionnaire is designed to evaluate the attitude after the visualization of each video. Attention is evaluated with three questions about the conversations of the contents that had pass/fail answers. The results from the subjective test validate the proposed methodology in immersive communications, showing that video quality experiments can be adapted to conditions imposed by experiments focused on the evaluation of socioemotional features in terms of contents of long-duration, different acquisition perspectives, and genre. In addition, the positive results related to the sense of social and spatial presence imply that technology can be relevant in the analyzed use case. Other main result is that the acquisition perspective greatly influences social presence. Finally, the annotated dataset, Student Experiences Around the World dataset (SEAW-dataset), obtained from the experiment is made publicly available for the research community. [ABSTRACT FROM AUTHOR]

Facial micro-expressions indicate brief and subtle facial movements that appear during emotional communication. In comparison to macro-expressions, micro-expressions are more challenging to be analyzed due to the short span of time and the fine-grained changes. In recent years, micro-expression recognition (MER) has drawn much attention because it can benefit a wide range of applications, e.g., police interrogation, clinical diagnosis, depression analysis, and business negotiation. In this survey, we offer a fresh overview to discuss new research directions and challenges these days for MER tasks. For example, we review MER approaches from three novel aspects: macro-to-micro adaptation, recognition based on key apex frames, and recognition based on facial action units. Moreover, to mitigate the problem of limited and biased ME data, synthetic data generation is surveyed for the diversity enrichment of micro-expression data. Since micro-expression spotting can boost micro-expression analysis, the state-of-the-art spotting works are also introduced in this paper. At last, we discuss the challenges in MER research and provide potential solutions as well as possible directions for further investigation. [ABSTRACT FROM AUTHOR]

Copyright of Archives of Criminology / Archiwum Kryminologii is the property of Polish Academy of Sciences, Institute of Legal Studies and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article focuses on the need to incorporate clients directly into legal education and licensing. Topics include the importance of clients in entry-level law practice, challenges faced by new lawyers in serving clients, difficulties in teaching client-related skills, and innovative approaches to licensing that prioritize clients.