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"The Russian literary world was shaken by the wide-reaching reforms of the late Soviet period (1985-91) and the Soviet Union's subsequent collapse. During this time the phenomenon of 'alternative' literature emerged, characterized by an emphasis on thematic, structural, and linguistic transgression of both Soviet-era values and the enduring Russian tradition of civic engagement and moral edification through literature. Through close textual analysis, Adlam examines the relationship of this literary phenomenon to issues of gender and creative authority, providing detailed discussion of several of the most significant women writers of the period, among them Valeriia Narbikova, Liudmila Petrushevskaia and Nina Sadur."
Written on the occasion of copyright's 300th anniversary, John Tehranian's Infringement Nation presents an engaging and accessible analysis of the history and evolution of copyright law and its profound impact on the lives of ordinary individuals in the twenty-first century. Organized around the trope of the individual in five different copyright-related contexts - as an infringer, transformer, pure user, creator and reformer - the book charts the changing contours of our copyright regime and assesses its vitality in the digital age. In the process, Tehranian questions some of our most basic assumptions about copyright law by highlighting the unseemly amount of infringement liability an average person rings up in a single day, the counterintuitive role of the fair use doctrine in radically expanding the copyright monopoly, the important expressive interests at play in even the unauthorized use of copyright works, the surprisingly low level of protection that American copyright law grants many creators, and the broader political import of copyright law on the exertion of social regulation and control. Drawing upon both theory and the author's own experiences representing clients in various high-profile copyright infringement suits, Tehranian supports his arguments with a rich array of diverse examples crossing various subject matters - from the unusual origins of Nirvana's "Smells Like Teen Spirit," the question of numeracy among Amazonian hunter-gatherers, the history of stand-offs at papal nunciatures, and the tradition of judicial plagiarism to contemplations on Slash's criminal record, Barbie's retroussé nose, the poisonous tomato, flag burning, music as a form of torture, the smell of rotting film, William Shakespeare as a man of the people, Charles Dickens as a lobbyist, Ashley Wilkes's sexual orientation, Captain Kirk's reincarnation, and Holden Caulfield's maturation. In the end, Infringement Nation makes a sophisticated yet lucid case for reform of existing doctrine and the development of a copyright 2.0.
Traditional, National, and International Law and Indigenous Communities by Marianne O. Nielsen,Karen Jarratt-Snider Pdf
This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.
Copyrights and Copywrongs by Siva Vaidhyanathan Pdf
In this text, the author tracks the history of American copyright law through the 20th century, from Mark Twain's exhortations for 'thick' copyright protection, to recent lawsuits regarding sampling in rap music and the 'digital moment', exemplified by the rise of Napster and MP3 technology.
Judiciary-Friendly Forensics of Software Copyright Infringement by Bhattathiripad, Vinod Polpaya Pdf
"This book discusses the forensics of software copyright infringement, highlighting theoretical, functional, and procedural matters in the investigation of copyright infringement of software products, as well as the development of forensic technologies to detect and eliminate software piracy"--
Internet Service Provider Liability for Copyright and Trade Mark Infringement by Zoi Krokida Pdf
This book critically evaluates the EU regulatory framework for the liability of host Internet Service Providers (ISPs) for copyright and trade mark infringements and provides a cluster of novel recommendations for its improvement. The book recommends the imposition of a duty of care to host ISPs to curb the dissemination of unauthorised works and counterfeit goods, the ascription of a transparency obligation to host ISPs towards their users, and the establishment of a supervisory authority for host ISPs. Host ISPs have facilitated the dissemination of content amongst users and the purchase of goods online, enabling copyright holders and brand owners to attract a greater audience for their works and goods. However, their services have attracted a high number of copyright and trade mark violations, too. Neither Article 14 of the e-Commerce Directive nor Article 17 of the Copyright in the Digital Single Market Directive provide a solid response to the issue of host ISPs' liability. This book is a valuable resource for researchers in IT and IP law and offers a new perspective for resolving online IP disputes.
Compatibility of Transactional Resolutions of Antitrust Proceedings with Due Process and Fundamental Rights & Online Exhaustion of IP Rights by Bruce Kilpatrick,Pierre Kobel,Pranvera Këllezi Pdf
This book provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition laws with regard to a number of key countries. The first part of the book examines the consistency and compatibility of transactional resolutions of antitrust proceedings (such as settlement procedures, leniency programmes and commitments) with due process and the fundamental rights of the parties. This is a particularly important topic, given the widespread adoption of these procedures by anti-trust authorities worldwide. The individual chapters consider how the leniency, settlement and commitments procedures have developed across a range of jurisdictions, and discuss the extent to which checks and balances have been applied in those national procedures in order to safeguard the fundamental rights of the parties involved. A detailed international report identifies general trends and highlights the differences between and most interesting features of national regulations. The second part of the book gathers contributions from various jurisdictions on the unfair competition-related question of the online exhaustion of IP rights. As commerce is increasingly moving online, the respective chapters consider the extent to which exhaustion and similar concepts have adapted to these rapid changes. The comprehensive and insightful international report brings together these reflections by comparing various national positions. The book also includes the resolutions passed by the General Assembly of the LIDC following a debate on each of these topics, which include proposed solutions and recommendations. The international League of Competition Law (LIDC) is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
WIPO Copyright Treaties Implementation and Online Copyright Infringement Liability Limitation by United States. Congress. House. Committee on the Judiciary Pdf
Communication at A Distance by David S. Kaufer,Kathleen M. Carley Pdf
This book bridges an important gap between two major approaches to mass communication -- historical and social scientific. To do so, it employs a theory of communication that unifies social, cultural and technological concerns into a systematic and formal framework that is then used to examine the impact of print within the larger socio-cultural context and across multiple historical contexts. The authors integrate historical studies and more abstract formal representations, achieving a set of logically coherent and well-delimited hypotheses that invite further exploration, both historically and experimentally. A second gap that the book addresses is in the area of formal models of communication and diffusion. Such models typically assume a homogeneous population and a communication whose message is abstracted from the complexities of language processing. In contrast, the model presented in this book treats the population as heterogeneous and communications as potentially variable in their content as they move across speakers or readers. Written to address and overcome many of the disciplinary divisions that have prevented the study of print from being approached from the perspective of a unified theory, this book employs a focused interdisciplinary position that encompasses several domains. It shows the underlying compatibility between cognitive and social theory; between the study of language and cognition and the study of technology; between the postmodern interest in the instability of meaning and the social science interest in the diffusion of information; between the effects of technology and issues of cultural homogeneity and heterogeneity. Overall, this book reveals how small, relatively non-interactive, disciplinary-specific conversations about print are usefully conceived of as part of a larger interdisciplinary inquiry.
Oxford Studies in Normative Ethics, Volume 3 by Mark Timmons Pdf
In this volume, leading philosophers advance our understanding of a wide range of moral issues and positions, from analysis of competing normative theories to questions of how we should act and live well.
The Psychology Behind Trademark Infringement and Counterfeiting by J. L. Zaichkowsky Pdf
As those involved in commerce are aware, preventing competitors and others from imitating successful brands is a difficult and costly task. This book serves to inform the reader concerning complexities of the issues of brand imitation, integrating the disciplines of psychology, business, and law to the area of trademark infringement and counterfeiting. Principles and theories from psychology and how they are relevant to consumers' perceptions in the marketplace are used to explain why competitors steal the intellectual property of another company or entity. The possibility of brand imitation or counterfeiting should be contemplated in designing new products or brand packaging, just as it is in the printing of currency. It is the intent of The Psychology Behind Trademark Infringement and Counterfeiting to provide those involved in commerce with some understanding, some ideas, and perhaps some strategy for building differentiated brands that are easy to protect. Brand managers, expert witnesses to trademark cases, intellectual property lawyers, and academics of consumer behavior and marketing will find this book useful to understanding consumer motives and processes of trademark infringement and counterfeiting. It could be used as a textbook in courses on marketing.
Moral Infringement and Repair in Antiquity by Thomas Kazen Pdf
Moral Infringement and Repair in Antiquity, is a series of publications related to a project on Dynamics of Moral Repair in Antiquity, run by Thomas Kazen and Rikard Roitto between 2017 and 2021, and funded by the Swedish Research Council. The volumes contain stand-alone articles and serve as supplements to the main outcome of the project, the volume Interpersonal Infringement and Moral Repair: Revenge, Compensation and Forgiveness in the Ancient World, forthcoming on Mohr Siebeck in 2023. Supplement 1: Emotions and Hierarchies, contains four articles and chapters by Thomas Kazen. Three of them are republished in accordance with the publishers' general conditions for author reuse. The fourth has not been published before. 1. Emotional Ethics in Biblical Texts: Cultural Construction and Biological Bases of Morality. 2. Viewing Oneself through Others' Eyes: Shame between Biology and Culture in Biblical Texts. 3. Law and Emotion in Moral Repair: Circumscribing Infringement. 4. Retribution and Repair in Voluntary Associations: Comparing Rule Texts from Qumran, Collegia, and Christ Groups.
Infringement Proceedings in EU Law by Luca Prete Pdf
Infringement proceedings constitute a signi¬ficant proportion of proceedings before the Court of Justice of the European Union and play a key role in the development of EU law. Their immediate purpose is to obtain a declaration that a Member State has, by its conduct, failed to ful¬l an obligation under the EU Treaties. The aim is to bring that conduct and its effects to an end and, ultimately, to eliminate infringements across the Union. This book – the ¬first comprehensive and detailed full-length work in English on infringement proceedings under Articles 258-260 TFEU – provides not only an in-depth discussion on the role and function of infringement proceedings within the EU legal order, but also a critical assessment of the procedures as they currently stand, complete with proposals for future changes. Recognizing that Member States’ compliance with EU law is an integral part of the task of ensuring the rule of law throughout the Union, the author thoroughly explains the functioning of infringement proceedings, their requirements and related policies, including issues such as: – the Commission’s discretion to bring a case before the Court; – the author of the infringement, including national courts or private entities; – Member States’ procedural and substantive defences; – the different procedures under Articles 258, 259 and 260(2) and (3) TFEU; – rights of private parties; – interim measures; – ¬financial sanctions; – Member States’ liability; and – the roles played by the European Parliament and the Ombudsman. Particular attention is devoted to rules that have not yet been fully interpreted, or where the current interpretation or application of the rules seems problematic. The book tackles, in particular, whether infringement proceedings, as they stand, constitute an appropriate means of ensuring observance by Member States’ authorities of the EU acquis, and, if not, what reforms should be implemented in order to achieve this in the future. Such a detailed and in-depth examination of this fundamental procedure of EU law will be of great and long-lasting interest to EU and Member State administrators, legal practitioners and academics. Luca Prete is currently a référendaire (Legal Secretary) for Advocate General Wahl at the Court of Justice of the European Union, on secondment from the Legal Service of the European Commission. He is also a member of the Centre for European Law of the Free University of Brussels (VUB). He has published several articles in the fi¬eld of EU law and is a regular speaker at EU law seminars and conferences.
Access to Medicine in the Global Economy by Cynthia Ho Pdf
The issue of how patents impact medicine has increased in significance within the last decade.The book provides an explanation of the current international infrastructure and explains how competing patent perspectives play a thus far unacknowledged role in promoting distortion and confusion.
