So mechanical or routine: The not original in Feist

The United States Supreme Court case of 1991, Feist Publications, Inc. v. Rural Tel. Service Co., continues to be highly significant for property in data and databases, but remains poorly understood. The approach taken in this article contrasts with previous studies. It focuses upon the “not original” rather than the original. The delineation of the absence of a modicum of creativity in selection, coordination, and arrangement of data as a component of the not original forms a pivotal point in the Supreme Court decision. The author also aims at elucidation rather than critique, using close textual exegesis of the Supreme Court decision. The results of the exegesis are translated into a more formal logical form to enhance clarity and rigor.


The insufficiently creative is initially characterized as “so mechanical or routine.” Mechanical and routine are understood in their ordinary discourse senses, as a conjunction or as connected by AND, and as the central clause. Subsequent clauses amplify the senses of mechanical and routine without disturbing their conjunction.


The delineation of the absence of a modicum of creativity can be correlated with classic conceptions of computability. The insufficiently creative can then be understood as a routine selection, coordination, or arrangement produced by an automatic mechanical procedure or algorithm. An understanding of a modicum of creativity and of copyright law is also indicated.


The value of the exegesis and interpretation is identified as its final simplicity, clarity, comprehensiveness, and potential practical utility.

Mesophases in Nearly 2D Room-Temperature Ionic Liquids

Computer simulations of (i) a [C(12)mim][Tf2N] film of nanometric thickness squeezed at kbar pressure by a piecewise parabolic confining potential reveal a mesoscopic in-plane density and composition modulation reminiscent of mesophases seen in 3D samples of the same room-temperature ionic liquid (RTIL). Near 2D confinement, enforced by a high normal load, as well as relatively long aliphatic chains are strictly required for the mesophase formation, as confirmed by computations for two related systems made of (ii) the same [C(12)mim][Tf2N] adsorbed at a neutral solid surface and (iii) a shorter-chain RTIL ([C(4)mim][Tf2N]) trapped in the potential well of part i. No in-plane modulation is seen for ii and iii. In case ii, the optimal arrangement of charge and neutral tails is achieved by layering parallel to the surface, while, in case iii, weaker dispersion and packing interactions are unable to bring aliphatic tails together into mesoscopic islands, against overwhelming entropy and Coulomb forces. The onset of in-plane mesophases could greatly affect the properties of long-chain RTILs used as lubricants.

Protein surface recognition using geometrically pure Ru(II) tris(bipyridine) derivatives

This manuscript illustrates that the geometric arrangement of protein-binding groups around a ruthenium(II) core leads to dramatic differences in cytochrome c (cyt c) binding highlighting that it is possible to define synthetic receptors with shape complementarity to protein surfaces.

Threshold effects in the Teaching Space Allocation Problem with Splitting

Universities aim for good “Space Management” so as to use the teaching space efficiently. Part of this task is to assign rooms and time-slots to teaching activities with limited numbers and capacities of lecture theaters, seminar rooms, etc. It is also common that some teaching activities require splitting into multiple events. For example, lectures can be too large to fit in one room or good teaching practice requires that seminars/tutorials are taught in small groups. Then, space management involves decisions on splitting as well as the assignments to rooms and time-slots. These decisions must be made whilst satisfying the pedagogic requirements of the institution and constraints on space resources. The efficiency of such management can be measured by the “utilisation”: the percentage of available seat-hours actually used. In many institutions, the observed utilisation is unacceptably low, and this provides our underlying motivation: to study the factors that affect teaching space utilisation, with the goal of improving it. We give a brief introduction to our work in this area, and then introduce a specific model for splitting. We present experimental results that show threshold phenomena and associated easy-hard-easy patterns of computational difficulty. We discuss why such behaviour is of importance for space management.

Novel pyridyl-stabilised rigid-rod organometallic polymers and their monomeric precursors

Reaction of trans-[Pt(NC5H4CHBu2n)(2)Cl-2] 1 with an excess of HC=CR (R = Ph, C6H4Me, C6H4NO2) affords the monomeric complex trans-[Pt(NC5H4CHBu2n)(2)(C=CR)(2)] (R = Ph 2a, C6H4Me 2b, C6H4NO2 2c), the trans arrangement of the alkynyl ligands being confirmed from spectroscopic data and by an X-ray analysis of 2c;when 1 is treated with 1 equiv, of HC=CC6H2(Me)(2)C=CH the polymer [Pt(NC5H4CHBu2n)(2)C=CC6H2Me2C=C](n) is formed, which is soluble in a range of organic solvents.

Burkholderia cenocepacia BC2L-C Is a Super Lectin with Dual Specificity and Proinflammatory Activity

Lectins and adhesins are involved in bacterial adhesion to host tissues and mucus during early steps of infection. We report the characterization of BC2L-C, a soluble lectin from the opportunistic pathogen Burkholderia cenocepacia, which has two distinct domains with unique specificities and biological activities. The N-terminal domain is a novel TNF-alpha-like fucose-binding lectin, while the C-terminal part is similar to a superfamily of calcium-dependent bacterial lectins. The C-terminal domain displays specificity for mannose and L-glycero-D-manno-heptose. BC2L-C is therefore a superlectin that binds independently to mannose/heptose glycoconjugates and fucosylated human histo-blood group epitopes. The apo form of the C-terminal domain crystallized as a dimer, and calcium and mannose could be docked in the binding site. The whole lectin is hexameric and the overall structure, determined by electron microscopy and small angle X-ray scattering, reveals a flexible arrangement of three mannose/heptose-specific dimers flanked by two fucose-specific TNF-alpha-like trimers. We propose that BC2L-C binds to the bacterial surface in a mannose/heptose-dependent manner via the C-terminal domain. The TNF-alpha-like domain triggers IL-8 production in cultured airway epithelial cells in a carbohydrate-independent manner, and is therefore proposed to play a role in the dysregulated proinflammatory response observed in B. cenocepacia lung infections. The unique architecture of this newly recognized superlectin correlates with multiple functions including bacterial cell cross-linking, adhesion to human epithelia, and stimulation of inflammation.

Controlled spillover in a single catalyst pellet: Rate modification, mechanism and relationship with electrochemical promotion

The effect of spillover processes on the activity of a catalyst system consisting of a mixed oxygen ion and electronic conducting support La0.6Sr0.4Co0.2Fe0.8O3d and a metal catalyst (Pt) were investigated. Two types of model single-pellet catalysts were used employing Pt deposited on both sides of a dense LSCF disc pellet. One of these single pellets employed highly disperse, physically non-continuous Pt, in contrast to studies on electrochemical promotion, while the other used a low dispersion continuous film. Driving forces for promoter migration were controlled through the manipulation of the oxygen chemical potential difference across the membrane. Catalyst rate modification was observed in all cases. However, it was found that there is a complex relationship between the rate modification, the driving forces for spillover and the geometrical arrangement of the catalyst on the support (i.e. catalyst dispersion).

Probing Ferroelectrics Using Optical Second Harmonic Generation

Nonlinear optics is an essential component of modern laser systems and optoelectronic devices. It has also emerged as an important tool in probing the electronic, vibrational, magnetic, and crystallographic structure of materials ranging from oxides and metals, to polymers and biological samples. This review focuses on the specific technique of optical second harmonic generation (SHG), and its application in probing ferroelectric complex oxide crystals and thin films. As the dominant SHG interaction mechanism exists only in materials that lack inversion symmetry, SHG is a sensitive probe of broken inversion symmetry, and thus also of bulk polar phenomena in materials. By performing in-situ SHG polarimetry experiments in different experimental conditions such as sample orientation, applied electric field, and temperature, one can probe ferroelectric hysteresis loops and phase transitions. Careful modeling of the polarimetry data allows for the determination of the point group symmetry of the crystal. In epitaxial thin films with a two-dimensional arrangement of well-defined domain orientations, one can extract information about intrinsic material properties such as nonlinear coefficients, as well as microstructural information such as the local statistics of the different domain variants being probed. This review presents several detailed examples of ferroelectric systems where such measurements and modeling are performed. The use of SHG microscopic imaging is discussed, and its ability to reveal domain structures and phases not normally visible with linear optics is illustrated.

Orientation effects in copper phthalocyanine films studied by electron paramagnetic resonance spectroscopy

The metallo-phthalocyanines (MPcs) are an interesting group of organic semiconductor materials for applications such as large area solar cells due to their optoelectronic properties coupled with the possibility of easily and cheaply fabricating thin films of MPcs [1, 2]. As for organic semiconductors in general, many of the interesting properties of the MPcs such as magnetism, light absorption and charge transport, are highly anisotropic [2, 3]. To maximise the efficiency of a device based on these materials it is therefore important to study their molecular orientation in films and to assess the influence of different growth conditions and substrate treatments.
X-ray diffraction is a well established and powerful technique for studying texture (and hence molecular orientation) in crystalline materials, but it cannot provide any information about amorphous or nanocrystalline films. In electron paramagnetic resonance (EPR) spectroscopy the signal comes from the spin of unpaired electrons in the material. This technique therefore does not require the sample to be crystalline. It works for any sample with paramagnetic centres such as the MPcs where the unpaired electrons are contributed by the metal. In this paper we present a continuous-wave X-band EPR study using the anisotropy of the EPR spectrum of CuPc [4] to determine the orientation effects in different types of CuPc films. From these measurements we gain insight into the molecular arrangement of films with different spin concentrations, and apply our technique to the study of molecular orientation in photovoltaic cells.

Orientation effects in copper phthalocyanine films studied by EPR

Organic semiconductors have already found commercial applications in for example displays with organic light-emitting diodes (OLEDs) and great advances are also being made in other areas, such as organic field-effect transistors and organic solar cells. [1] The organic semicondutor group of materials known as metal phthalocyanines (MPc’s) is interesting for applications such as large area solar cells due to their optoelectronic properties coupled with the possibility of easily and cheaply fabricating thin films of MPc’s. [1, 2]

Many of the properties of organic semiconductors, such as magnetism, light absorption and charge transport, show orientational anisotropy. [2, 3] To maximise the efficiency of a device based on these materials it is therefore important to study the molecular orientation in films and to assess the influence of different growth conditions and substrate treatments. X-ray diffraction is a well established and powerful technique for studying texture (and hence molecular orientation)_in crystalline materials, but cannot provide any information about amorphous or nanocrystalline films. In this paper we present a continuous wave X-band EPR study using the anisotropy of the CuPc EPR spectrum [4] to determine the orientation effects in different types of CuPc films. From these measurements we also gain insight into the molecular arrangement of films of CuPc mixed with the isomorphous H2Pc and with C60 in films typical of real solar cell systems.

New techniques for enhanced medial axis based decompositions in 2-D

New techniques are presented for using the medial axis to generate high quality decompositions for generating block-structured meshes with well-placed mesh singularities away from the surface boundaries. Established medial axis based meshing algorithms are highly effective for some geometries, but in general, they do not produce the most favourable decompositions, particularly when there are geometry concavities. This new approach uses both the topological and geometric information in the medial axis to establish a valid and effective arrangement of mesh singularities for any 2-D surface. It deals with concavities effectively and finds solutions that are most appropriate to the geometric shapes. Methods for directly constructing the corresponding decompositions are also put forward.

Enhanced medial-axis-based block-structured meshing in 2-D

New techniques are presented for using the medial axis to generate decompositions on which high quality block-structured meshes with well-placed mesh singularities can be generated. Established medial-axis-based meshing algorithms are effective for some geometries, but in general, they do not produce the most favourable decompositions, particularly when there are geometric concavities. This new approach uses both the topological and geometric information in the medial axis to establish a valid and effective arrangement of mesh singularities for any 2-D surface. It deals with concavities effectively and finds solutions that are most appropriate to the geometric shapes. Resulting meshes are shown for a number of example models.

Predictability in high-stakes examinations: students' perspectives on a perennial assessment dilemma

Key debates within educational assessment continuously encourage us to reflect on the design, delivery and implementation of examination systems as well as their relevance to students. In more recent times, such reflections have also required a rethinking of who is authoritative about assessment issues and whose views we seek in order to better understand these perennial assessment dilemmas. This paper considers one such dilemma, predictability in high-stakes assessment, and presents students’ perspectives on this issue. The context is the Irish Leaving Certificate (LC) taken by upper secondary students (aged between 16 and 18) in order (mainly) to enter tertiary-level education. The data come from 13 group interviews with 81 students across a range of schools in Ireland. Listening to students about complex, high-stakes examining problems has a limited history within the educational assessment literature. The findings from the study address this shortcoming and depict how students’ insightful reflections can improve our understanding of these dilemmas. Further, students are more than able to reflect on their own situations with regard to high stakes examining contexts and have important contributions to make to our fuller understanding of those elements that will promote high quality and fair assessment.

Unsettling modernity: Shifting values and changing housing styles in the Kathmandu Valley

Abstract

Culture has always been important for the character of the cities, as have the civic and public institutions that sustain a lifestyle and provide an identity. Substantial evidence of the unique historical, urban civilisation remains within the traditional settlements in the Kathmandu Valley in Nepal; manifested in houses, palaces, temples, rest houses, open spaces, festivals, rituals, customs and cultural institutions. Indigenous knowledge and practices prescribed the arrangement of houses, roads and urban spaces giving the city a distinctive physical form, character and a unique oriental nativeness. In technical sense, these societies did not have written rules for guiding development. In recent decades, the urban culture of the city has been changing with the forces of urbanisation and globalisation and the demand for new buildings and spaces. New residential design is increasingly dominated by distinctive patterns of Western suburban ideal comprising detached or semi-detached homes and high rise tower blocks. This architectural iconoclasm can be construed as a rather crude response to the indigenous culture and built form. The paper attempts to dismantle the current tension between traditional and contemporary ‘culture’ (and hence society) and housing (or built form) in the Kathmandu Valley by engaging in a discussion that cuts across space, time and meaning of architecture as we know it.

Factors associated with spectacle-wear compliance in school-aged Mexican children.

PURPOSE: To study the prevalence and determinants of compliance with spectacle wear among school-age children in Oaxaca, Mexico, who were provided spectacles free of charge. METHODS: A cohort of 493 children aged 5 to 18 years chosen by random cluster sampling from primary and secondary schools in Oaxaca, Mexico, all of whom had received free spectacles through a local program, underwent unannounced, direct examination to determine compliance with spectacle wear within 18 months after initial provision of spectacles. Potential determinants of spectacle wear including age, gender, urban versus rural residence, presenting visual acuity, refractive error, and time since dispensing of the spectacles were examined in univariate and multivariate regression models. Children not currently wearing their spectacles were asked to select the reason from a list of possibilities, and reasons for noncompliance were analyzed within different demographic groups. RESULTS: Among this sample of children with a mean age of 10.4 +/- 2.6 years, the majority (74.5%) of whom were myopic (spherical equivalent [SE] < or = -0.50 D), 13.4% (66/493) were wearing their spectacles at the time of examination. An additional 34% (169/493) had the spectacles with them but were not wearing them. In regression models, the odds of spectacle wear were significantly higher among younger (OR = 1.19 per year of age; 95% CI, 1.05-1.33) rural (OR = 10.6; 95% CI, 5.3-21.0) children and those with myopia < or = -1.25 D (OR = 3.97; 95% CI, 1.98-7.94). The oldest children and children in urban-suburban areas were significantly more likely to list concerns about the appearance of the glasses or about being teased than were younger, rurally resident children. CONCLUSIONS: Compliance with spectacle wear may be very low, even when spectacles are provided free of charge, particularly among older, urban children, who have been shown in many populations to have the highest prevalence of myopia. As screening programs for refractive error become increasingly common throughout the world, new strategies are needed to improve compliance if program resources are to be maximized.