A responsabilidade civil do terceiro cúmplice pela lesão ao crédito alheio

Cuida-se de dissertação elaborada com o escopo de precisar os fundamentos e os critérios para a responsabilização civil do terceiro cúmplice nas lesões ao crédito alheio. O amplo desenvolvimento das relações obrigacionais no comércio jurídico exigiu do jurista o reconhecimento de situações nas quais o inadimplemento fosse ocasionado por uma conduta proveniente de um terceiro estranho à relação obrigacional. A imperiosa infiltração dos princípios constitucionais nas situações jurídicas subjetivas e a consagração normativa dos princípios da função social do contrato e da boa-fé objetiva contribuíram sobremaneira para uma revigorada análise acerca do momento patológico das obrigações, permitindo-se a admissão de atribuição de responsabilidade civil pela violação ao crédito perpetrada por um estranho alheio à relação contratual que deu origem ao referido crédito. A configuração da tutela externa do crédito perpassa pela necessidade de instituição de um dever de respeito ao crédito importo ao terceiro, cuja violação enseje sua responsabilização pelos danos ocasionados. O desiderato essencial do presente trabalho reside na identificação dos fundamentos capazes de subsidiar a existência de tal dever, bem como averiguar critérios seguros para a determinação das hipóteses nas quais se exija a observância de tal dever, cabendo ao ordenamento promover adequadamente os interesses do credor, que serão reputados merecedores de tutela em observância às circunstâncias e vicissitudes do caso concerto que apontarão para sua prevalência sobre os interesses do terceiro. Tratando-se de estudo sobre responsabilidade civil, obedece-se a um itinerário metodológico que pretende identificar os fundamentos do dever cuja violação possibilite a responsabilização do terceiro; analisar os pressupostos genéricos da responsabilidade civil em obediências às especificidades que a hipótese de tutela externa do crédito acarreta, bem como examinar critérios alusivos às circunstâncias excepcionais que regem a matéria; e revelar as consequências e os efeitos que a extensão subjetiva do dever reparatório decorrente do inadimplemento poderá repercutir na relação obrigacional.

Statistical analysis and reduction of multiple access interference in MC-CDMA systems

Multicarrier code division multiple access (MC-CDMA) is a very promising candidate for the multiple access scheme in fourth generation wireless communi- cation systems. During asynchronous transmission, multiple access interference (MAI) is a major challenge for MC-CDMA systems and significantly affects their performance. The main objectives of this thesis are to analyze the MAI in asyn- chronous MC-CDMA, and to develop robust techniques to reduce the MAI effect. Focus is first on the statistical analysis of MAI in asynchronous MC-CDMA. A new statistical model of MAI is developed. In the new model, the derivation of MAI can be applied to different distributions of timing offset, and the MAI power is modelled as a Gamma distributed random variable. By applying the new statistical model of MAI, a new computer simulation model is proposed. This model is based on the modelling of a multiuser system as a single user system followed by an additive noise component representing the MAI, which enables the new simulation model to significantly reduce the computation load during computer simulations. MAI reduction using slow frequency hopping (SFH) technique is the topic of the second part of the thesis. Two subsystems are considered. The first sub- system involves subcarrier frequency hopping as a group, which is referred to as GSFH/MC-CDMA. In the second subsystem, the condition of group hopping is dropped, resulting in a more general system, namely individual subcarrier frequency hopping MC-CDMA (ISFH/MC-CDMA). This research found that with the introduction of SFH, both of GSFH/MC-CDMA and ISFH/MC-CDMA sys- tems generate less MAI power than the basic MC-CDMA system during asyn- chronous transmission. Because of this, both SFH systems are shown to outper- form MC-CDMA in terms of BER. This improvement, however, is at the expense of spectral widening. In the third part of this thesis, base station polarization diversity, as another MAI reduction technique, is introduced to asynchronous MC-CDMA. The com- bined system is referred to as Pol/MC-CDMA. In this part a new optimum com- bining technique namely maximal signal-to-MAI ratio combining (MSMAIRC) is proposed to combine the signals in two base station antennas. With the applica- tion of MSMAIRC and in the absents of additive white Gaussian noise (AWGN), the resulting signal-to-MAI ratio (SMAIR) is not only maximized but also in- dependent of cross polarization discrimination (XPD) and antenna angle. In the case when AWGN is present, the performance of MSMAIRC is still affected by the XPD and antenna angle, but to a much lesser degree than the traditional maximal ratio combining (MRC). Furthermore, this research found that the BER performance for Pol/MC-CDMA can be further improved by changing the angle between the two receiving antennas. Hence the optimum antenna angles for both MSMAIRC and MRC are derived and their effects on the BER performance are compared. With the derived optimum antenna angle, the Pol/MC-CDMA system is able to obtain the lowest BER for a given XPD.

Open content licensing of public sector information and the risk of tortious liability for Australian Governments

There has been an increasing interest by governments worldwide in the potential benefits of open access to public sector information (PSI). However, an important question remains: can a government incur tortious liability for incorrect information released online under an open content licence? This paper argues that the release of PSI online for free under an open content licence, specifically a Creative Commons licence, is within the bounds of an acceptable level of risk to government, especially where users are informed of the limitations of the data and appropriate information management policies and principles are in place to ensure accountability for data quality and accuracy.

Automata modeling for cognitive interference in users' relevance judgement

Quantum theory has recently been employed to further advance the theory of information retrieval (IR). A challenging research topic is to investigate the so called quantum-like interference in users’ relevance judgement process, where users are involved to judge the relevance degree of each document with respect to a given query. In this process, users’ relevance judgement for the current document is often interfered by the judgement for previous documents, due to the interference on users’ cognitive status. Research from cognitive science has demonstrated some initial evidence of quantum-like cognitive interference in human decision making, which underpins the user’s relevance judgement process. This motivates us to model such cognitive interference in the relevance judgement process, which in our belief will lead to a better modeling and explanation of user behaviors in relevance judgement process for IR and eventually lead to more user-centric IR models. In this paper, we propose to use probabilistic automaton(PA) and quantum finite automaton (QFA), which are suitable to represent the transition of user judgement states, to dynamically model the cognitive interference when the user is judging a list of documents.

Affecting interference

This collaborative project by Daniel Mafe and Andrew Brown, one of a number in they have been involved in together, conjoins painting and digital sound into a single, large scale, immersive exhibition/installation. The work as a whole acts as an interstitial point between contrasting approaches to abstraction: the visual and aural, the digital and analogue are pushed into an alliance and each works to alter perceptions of the other. For example, the paintings no longer mutely sit on the wall to be stared into. The sound seemingly emanating from each work shifts the viewer’s typical visual perception and engages their aural sensibilities. This seems to make one more aware of the objects as objects – the surface of each piece is brought into scrutiny – and immerses the viewer more viscerally within the exhibition. Similarly, the sonic experience is focused and concentrated spatially by each painted piece even as the exhibition is dispersed throughout the space. The sounds and images are similar in each local but not identical, even though they may seem to be the same from casual interaction, closer attention will quickly show this is not the case. In preparing this exhibition each artist has had to shift their mode of making to accommodate the other’s contribution. This was mainly done by a process of emptying whereby each was called upon to do less to the works they were making and to iterate the works toward a shared conception, blurring notions of individual imagination while maintaining material authorship. Empting was necessary to enable sufficient porosity where each medium allowed the other entry to its previously gated domain. The paintings are simple and subtle to allow the odd sonic textures a chance to work on the viewer’s engagement with them. The sound remains both abstract, using noise-like textures, and at a low volume to allow the audience’s attention to wander back and forth between aspects of the works.

Cutting on action : interference strategies in contemporary art practice

The domestication of creative software and hardware has been a significant factor in the recent proliferation of still and moving image creation. Booming numbers of amateur image-makers have the resources, skills and ambitions to create and distribute their work on a mass scale. At the same time, contemporary art seems increasingly dominated by ‘post-medium’ practices that adopt and adapt the representational techniques of mass culture, rather than overtly reject or oppose them. As a consequence of this network of forces, the field of image and video production is no longer the exclusive specialty of art and the mass media, and art may no longer be the most prominent watchdog of mass image culture. Intuitively and intentionally, contemporary artists are responding to these shifting conditions. From the position of a creative practitioner and researcher, this paper examines the strategies that contemporary artists use to engage with the changing relationships between image culture, lived experience and artistic practice. By examining the intersections between W.J.T. Mitchell’s detailed understanding of visual literacy and Jacques Derrida’s philosophical models of reading and writing, I identify ‘editing’ as a broad methodology that describes how practitioners creatively and critically engage with the field of still and moving images. My contention is that by emphasising the intersections of looking and making, ‘reading’ and ‘writing’, artists provide crucial jump cuts, pauses and distortions in the medley of our mediated experiences.