Open Access -julkaiseminen, linkittäminen ja tekijänoikeus - selvitys verkkojulkaisusopimuksissa huomioitavista seikoista

Kirjastoissa ja yliopistoissa tapahtuvaa tieteellisten töiden verkkokäyttöä koskevat tekijänoikeudelliset kysymykset ovat viimeaikoina aiheuttaneet päänvaivaa. Tietoverkot ja digitaalinen ympäristö muodostavatkin tekijänoikeuden kannalta erityisen soveltamisympäristön johon perehtyminen edellyttää tarkempaa tietämystä tiedon siirtämisestä, tietokannoista sekä ylipäätään tietoverkkoihin liittyvistä teknisistä toiminnoista. Koska sovelletut tekniset ratkaisut poikkeavat eri yhteyksissä toisistaan, pyrin kirjoituksessa yleisellä tasolla selvittämään niitä käyttäjien ja oikeudenhaltijoiden välisiä tekijän- ja sopimusoikeudellisia kysymyksiä, joita teosten käyttö tietoverkoissa aiheuttaa. Pyrkimyksenä on tuoda esiin ne tekijänoikeudellisesti merkitykselliset seikat, jotka verkkojulkaisuja arkistoitaessa, välitettäessä sekä linkkejä käytettäessä tulisi alkuperäisten tekijöiden, kustantajien ja verkkojulkaisijoiden (esimerkiksi kirjasto tai yliopisto) välisissä sopimuksissa ottaa huomioon. Kysymyksiä tarkastellaan erityisesti julkaisijan näkökulmasta. Esitys sisältää myös kustantajien lupakäytäntöä käsittelevän empiirisen tutkimuksen. Tutkimuksessa on tarkasteltu kuinka usein kustantajat ovat vuosien 2000 – 2003 välisenä aikana myöntäneet luvan julkaista väitöskirjan artikkeli osana väitöskirjaa Teknillisen korkeakoulun avoimella ei kaupallisella www-palvelimella. Koska linkeillä on verkkojulkaisutoiminnassa usein merkittävä rooli, mutta niiden tekijänoikeudellinen asema on epäselvä, kirjoituksen jälkimmäisessä osiossa perehdytään linkkien tekijänoikeudelliseen asemaan.

Pietismin kuva - ikkuna yksityiseen hengellisyyteen : Johann Arndtin opetukset pietistisen embleemin perustana

The image of Pietism a window to personal spirituality. The teachings of Johann Arndt as the basis of Pietist emblems The Pietist effect on spiritual images has to be scrutinised as a continuum initiating from the teachings of Johann Arndt who created a protestant iconography that defended the status of pictures and images as the foundation of divine revelation. Pietist artworks reveal Arndtian part of secret, eternal world, and God. Even though modern scholars do not regarded him as a founding father of Pietism anymore, his works have been essential for the development of iconography, and the themes of the Pietist images are linked with his works. For Arndt, the starting point is in the affecting love for Christ who suffered for the humankind. The reading experience is personal and the words point directly at the reader and thus appear as evidence of the guilt of the reader as well as of the love of God. Arndt uses bounteous and descriptive language which has partially affected promoting and picturing of many themes. Like Arndt, Philipp Jakob Spener also emphasised the heart that believes. The Pietist movement was born to oppose detached faith and the lack of the Holy Ghost. Christians touched by the teachings of Arndt and Spener began to create images out of metaphors presented by Arndt. As those people were part of the intelligentsia, it was natural that the fashionable emblematics of the 17th century was moulded for the personal needs. For Arndt, the human heart is manifested as a symbol of soul, personal faith or unbelief as well as an allegory of the burning love for Jesus. Due to this fact, heart emblems were gradually widely used and linked with the love of Christ. In the Nordic countries, the introduction of emblems emanated from the gentry s connections to the Central Europe where emblems were exploited in order to decorate books, artefacts, interiors, and buildings as well as visual/literal trademarks of the intelligentsia. Emblematic paintings in the churches of the castles of Venngarn (1665) and Läckö (1668), owned by Magnus Gabriel De la Gardie, are one of the most central interior paintings preserved in the Nordic countries, and they emphasise personal righteous life. Nonetheless, it was the books by Arndt and the Poet s Society in Nurnberg that bound the Swedish gentry and the scholars of the Pietist movement together. The Finnish gentry had no castles or castle churches so they supported county churches, both in building and in maintenance. As the churches were not private, their iconography could not be private either. Instead, people used Pietist symbols such as Agnus Dei, Cor ardens, an open book, beams, king David, frankincense, wood themes and Virtues. In the Pietist images made for public spaces, the attention is focused on pedagogical, metaphorical, and meaningful presentation as well as concealed statements.

Properties of Toeplitz operators on analytic function spaces : from function symbols to distributions

Toeplitz operators are among the most important classes of concrete operators with applications to several branches of pure and applied mathematics. This doctoral thesis deals with Toeplitz operators on analytic Bergman, Bloch and Fock spaces. Usually, a Toeplitz operator is a composition of multiplication by a function and a suitable projection. The present work deals with generalizing the notion to the case where the function is replaced by a distributional symbol. Fredholm theory for Toeplitz operators with matrix-valued symbols is also considered. The subject of this thesis belongs to the areas of complex analysis, functional analysis and operator theory. This work contains five research articles. The articles one, three and four deal with finding suitable distributional classes in Bergman, Fock and Bloch spaces, respectively. In each case the symbol class to be considered turns out to be a certain weighted Sobolev-type space of distributions. The Bergman space setting is the most straightforward. When dealing with Fock spaces, some difficulties arise due to unboundedness of the complex plane and the properties of the Gaussian measure in the definition. In the Bloch-type spaces an additional logarithmic weight must be introduced. Sufficient conditions for boundedness and compactness are derived. The article two contains a portion showing that under additional assumptions, the condition for Bergman spaces is also necessary. The fifth article deals with Fredholm theory for Toeplitz operators having matrix-valued symbols. The essential spectra and index theorems are obtained with the help of Hardy space factorization and the Berezin transform, for instance. The article two also has a part dealing with matrix-valued symbols in a non-reflexive Bergman space, in which case a condition on the oscillation of the symbol (a logarithmic VMO-condition) must be added.

Tiedostumaton nykytaiteessa : Katse, ääni ja aika vuosituhannen taitteen suomalaisessa nykytaiteessa

Leevi Haapala explores moving image works, sculptures and installations from a psychoanalytic perspective in his study The Unconscious in Contemporary Art. The Gaze, Voice and Time in Finnish Contemporary Art at the Turn of the Millennium . The artists included in the study are Eija-Liisa Ahtila, Hans-Christian Berg, Markus Copper, Liisa Lounila and Salla Tykkä. The theoretical framework includes different psychoanalytic readings of the concepts of the gaze, voice and temporality. The installations are based on spatiality and temporality, and their detailed reading emphasizes the medium-specific features of the works as well as their fragmentary nature, heterogeneity and affectivity. The study is cross-disciplinary in that it connects perspectives from the visual culture, new art history and theory to the interpretation of contemporary art. The most important concepts from psychoanalysis, affect theory and trauma discourse used in the study include affect, object a (objet petit a) as articulated by Jacques Lacan, Sigmund Freud s uncanny (das Unheimliche) and trauma. Das Unheimliche has been translated as uncanny in art history under the influence of Rosalind Krauss. The object of the study, the unconscious in contemporary art, is approached through these concepts. The study focuses on Lacan s additions to the list of partial drives: the gaze and voice as scopic and invocative drives and their interpretations in the studies of the moving image. The texts by the American film theorist and art historian Kaja Silverman are in crucial role. The study locates contemporary art as part of trauma culture, which has a tendency to define individual and historical experiences through trauma. Some of the art works point towards trauma, which may appear as a theoretic or fictitious construction. The study presents a comprehensive collection of different kinds of trauma discourse in the field of art research through the texts of Hal Foster, Cathy Caruth, Ruth Leys and Shoshana Felman. The study connects trauma theory with the theoretical analysis of the interference and discontinuity of the moving image in the readings by Susan Buck-Morss, Mary Ann Doane and Peter Osborn among others. The analysis emphasizes different ways of seeing and multisensoriality in the reception of contemporary art. With their reflections and inverse projections, the surprising mechanisms of Hans-Christian Berg s sculptures are connected with Lacan s views on the early mirroring and imitation attempts of the individual s body image. Salla Tykkä s film trilogy Cave invites one to contemplate the Lacanian theory of the gaze in relation to the experiences of being seen. The three oceanic sculpture installations by Markus Copper are studied through the vocality they create, often through an aggressive way of acting, as well as from the point of view of the functioning of an invocative drive. The study compares the work of fiction and Freud s texts on paranoia and psychosis to Eija-Liisa Ahtila s manuscripts and moving image installations about the same topic. The cinematic time in Liisa Lounila s time-slice video installations is approached through the theoretical study of the unconscious temporal structure. The viewer of the moving image is inside the work in an in-between state: in a space produced by the contents of the work and its technology. The installations of the moving image enable us to inhabit different kinds of virtual bodies or spaces, which do not correspond with our everyday experiences. Nevertheless, the works of art often try to deconstruct the identification to what has been shown on screen. This way, the viewer s attention can be fixed on his own unconscious experiences in parallel with the work s deconstructed nature as representation. The study shows that contemporary art is a central cultural practice, which allows us to discuss the unconscious in a meaningful way. The study suggests that the agency that is discursively diffuse and consists of several different praxes should be called the unconscious. The emergence of the unconscious can happen in two areas: in contemporary art through different senses and discursive elements, and in the study of contemporary art, which, being a linguistic activity is sensitive to the movements of the unconscious. One of the missions of art research is to build different kinds of articulated constructs and to open an interpretative space for the nature of art as an event.

Global, Local and Vector-Valued Tb Theorems on Non-Homogeneous Metric Spaces

Various Tb theorems play a key role in the modern harmonic analysis. They provide characterizations for the boundedness of Calderón-Zygmund type singular integral operators. The general philosophy is that to conclude the boundedness of an operator T on some function space, one needs only to test it on some suitable function b. The main object of this dissertation is to prove very general Tb theorems. The dissertation consists of four research articles and an introductory part. The framework is general with respect to the domain (a metric space), the measure (an upper doubling measure) and the range (a UMD Banach space). Moreover, the used testing conditions are weak. In the first article a (global) Tb theorem on non-homogeneous metric spaces is proved. One of the main technical components is the construction of a randomization procedure for the metric dyadic cubes. The difficulty lies in the fact that metric spaces do not, in general, have a translation group. Also, the measures considered are more general than in the existing literature. This generality is genuinely important for some applications, including the result of Volberg and Wick concerning the characterization of measures for which the analytic Besov-Sobolev space embeds continuously into the space of square integrable functions. In the second article a vector-valued extension of the main result of the first article is considered. This theorem is a new contribution to the vector-valued literature, since previously such general domains and measures were not allowed. The third article deals with local Tb theorems both in the homogeneous and non-homogeneous situations. A modified version of the general non-homogeneous proof technique of Nazarov, Treil and Volberg is extended to cover the case of upper doubling measures. This technique is also used in the homogeneous setting to prove local Tb theorems with weak testing conditions introduced by Auscher, Hofmann, Muscalu, Tao and Thiele. This gives a completely new and direct proof of such results utilizing the full force of non-homogeneous analysis. The final article has to do with sharp weighted theory for maximal truncations of Calderón-Zygmund operators. This includes a reduction to certain Sawyer-type testing conditions, which are in the spirit of Tb theorems and thus of the dissertation. The article extends the sharp bounds previously known only for untruncated operators, and also proves sharp weak type results, which are new even for untruncated operators. New techniques are introduced to overcome the difficulties introduced by the non-linearity of maximal truncations.

A maximal operator, Carleson's embedding, and tent spaces for vector-valued functions

This thesis is concerned with the area of vector-valued Harmonic Analysis, where the central theme is to determine how results from classical Harmonic Analysis generalize to functions with values in an infinite dimensional Banach space. The work consists of three articles and an introduction. The first article studies the Rademacher maximal function that was originally defined by T. Hytönen, A. McIntosh and P. Portal in 2008 in order to prove a vector-valued version of Carleson's embedding theorem. The boundedness of the corresponding maximal operator on Lebesgue-(Bochner) -spaces defines the RMF-property of the range space. It is shown that the RMF-property is equivalent to a weak type inequality, which does not depend for instance on the integrability exponent, hence providing more flexibility for the RMF-property. The second article, which is written in collaboration with T. Hytönen, studies a vector-valued Carleson's embedding theorem with respect to filtrations. An earlier proof of the dyadic version assumed that the range space satisfies a certain geometric type condition, which this article shows to be also necessary. The third article deals with a vector-valued generalizations of tent spaces, originally defined by R. R. Coifman, Y. Meyer and E. M. Stein in the 80's, and concerns especially the ones related to square functions. A natural assumption on the range space is then the UMD-property. The main result is an atomic decomposition for tent spaces with integrability exponent one. In order to suit the stochastic integrals appearing in the vector-valued formulation, the proof is based on a geometric lemma for cones and differs essentially from the classical proof. Vector-valued tent spaces have also found applications in functional calculi for bisectorial operators. In the introduction these three themes come together when studying paraproduct operators for vector-valued functions. The Rademacher maximal function and Carleson's embedding theorem were applied already by Hytönen, McIntosh and Portal in order to prove boundedness for the dyadic paraproduct operator on Lebesgue-Bochner -spaces assuming that the range space satisfies both UMD- and RMF-properties. Whether UMD implies RMF is thus an interesting question. Tent spaces, on the other hand, provide a method to study continuous time paraproduct operators, although the RMF-property is not yet understood in the framework of tent spaces.

Constructing a Community : Myths and Realities of the Open Development Model

The open development model of software production has been characterized as the future model of knowledge production and distributed work. Open development model refers to publicly available source code ensured by an open source license, and the extensive and varied distributed participation of volunteers enabled by the Internet. Contemporary spokesmen of open source communities and academics view open source development as a new form of volunteer work activity characterized by hacker ethic and bazaar governance . The development of the Linux operating system is perhaps the best know example of such an open source project. It started as an effort by a user-developer and grew quickly into a large project with hundreds of user-developer as contributors. However, in hybrids , in which firms participate in open source projects oriented towards end-users, it seems that most users do not write code. The OpenOffice.org project, initiated by Sun Microsystems, in this study represents such a project. In addition, the Finnish public sector ICT decision-making concerning open source use is studied. The purpose is to explore the assumptions, theories and myths related to the open development model by analysing the discursive construction of the OpenOffice.org community: its developers, users and management. The qualitative study aims at shedding light on the dynamics and challenges of community construction and maintenance, and related power relations in hybrid open source, by asking two main research questions: How is the structure and membership constellation of the community, specifically the relation between developers and users linguistically constructed in hybrid open development? What characterizes Internet-mediated virtual communities and how can they be defined? How do they differ from hierarchical forms of knowledge production on one hand and from traditional volunteer communities on the other? The study utilizes sociological, psychological and anthropological concepts of community for understanding the connection between the real and the imaginary in so-called virtual open source communities. Intermediary methodological and analytical concepts are borrowed from discourse and rhetorical theories. A discursive-rhetorical approach is offered as a methodological toolkit for studying texts and writing in Internet communities. The empirical chapters approach the problem of community and its membership from four complementary points of views. The data comprises mailing list discussion, personal interviews, web page writings, email exchanges, field notes and other historical documents. The four viewpoints are: 1) the community as conceived by volunteers 2) the individual contributor s attachment to the project 3) public sector organizations as users of open source 4) the community as articulated by the community manager. I arrive at four conclusions concerning my empirical studies (1-4) and two general conclusions (5-6). 1) Sun Microsystems and OpenOffice.org Groupware volunteers failed in developing necessary and sufficient open code and open dialogue to ensure collaboration thus splitting the Groupware community into volunteers we and the firm them . 2) Instead of separating intrinsic and extrinsic motivations, I find that volunteers unique patterns of motivations are tied to changing objects and personal histories prior and during participation in the OpenOffice.org Lingucomponent project. Rather than seeing volunteers as a unified community, they can be better understood as independent entrepreneurs in search of a collaborative community . The boundaries between work and hobby are blurred and shifting, thus questioning the usefulness of the concept of volunteer . 3) The public sector ICT discourse portrays a dilemma and tension between the freedom to choose, use and develop one s desktop in the spirit of open source on one hand and the striving for better desktop control and maintenance by IT staff and user advocates, on the other. The link between the global OpenOffice.org community and the local end-user practices are weak and mediated by the problematic IT staff-(end)user relationship. 4) Authoring community can be seen as a new hybrid open source community-type of managerial practice. The ambiguous concept of community is a powerful strategic tool for orienting towards multiple real and imaginary audiences as evidenced in the global membership rhetoric. 5) The changing and contradictory discourses of this study show a change in the conceptual system and developer-user relationship of the open development model. This change is characterized as a movement from hacker ethic and bazaar governance to more professionally and strategically regulated community. 6) Community is simultaneously real and imagined, and can be characterized as a runaway community . Discursive-action can be seen as a specific type of online open source engagement. Hierarchies and structures are created through discursive acts. Key words: Open Source Software, open development model, community, motivation, discourse, rhetoric, developer, user, end-user

Open Content Licenses

The EU Directive harmonising copyright, Directive 2001/29/EC, has been implemented in all META-NORD countries. The licensing schemas of open content/open source and META-SHARE as well as CLARIN are discussed shortly. The status of the licensing of tools and resources available at the consortium partners are outlined. The aim of the article is to compare a set of open content and open source license and provide some guidance on the optimal use of licenses provided by META-NET and CLARIN for licensing the tools and resources for the benefit of the language technology community.

Imagining Some Space

Some texts and a performance story. All motivated by the author’s interest in space, in this that surrounds, and that interest, in turn, originating from the author’s earlier studies in cultural anthropology, in observing and experiencing the surrounding animate and inanimate world. The texts in this thesis are alternating between academic and creative writing. They are texts written on a specific site on Suomenlinna island in Helsinki, Finland, as part of the performance ”Beyond the Wind in Front of Me / A Space Ship Journey” story or prologues to that, and the more academic ones supporting them or growing out of them, being accompanied also by the thoughts and practices of others. The main research questions and themes being How to perceive this that surrounds me? What is space, what does it consist of? Is it something that simply surrounds me? Am I a part of it or is it a part of me? How can a space be researched? How to activate a space? What kind of mental images do spaces/places create/uncover/open up in us? How to animate/make alive those images? Body giving meaning to space via actions created by the body. Physical environment contra emotional, imaginary, visionary one. Presence in a space/place. Physical and mental presence. Presence in memories.