Non-display uses of digital works: Google Books and beyond

With the advent of mass digitization projects, such as the Google Book Search, a peculiar shift has occurred in the way that copyright works are dealt with. Contrary to what has so far been the case, works are turned into machine-readable data to be automatically processed for various purposes without the expression of works being displayed to the public. In the Google Book Settlement Agreement, this new kind of usage is referred to as ‘non-display uses’ of digital works. The legitimacy of these uses has not yet been tested by Courts and does not comfortably fit in the current copyright doctrine, plainly because the works are not used as works but as something else, namely as data. Since non-display uses may prove to be a very lucrative market in the near future, with the potential to affect the way people use copyright works, we examine non-display uses under the prism of copyright principles to determine the boundaries of their legitimacy. Through this examination, we provide a categorization of the activities carried out under the heading of ‘non-display uses’, we examine their lawfulness under the current copyright doctrine and approach the phenomenon from the spectrum of data protection law that could apply, by analogy, to the use of copyright works as processable data.

Parallel editing, multi-positionality and maximalism: cosmopolitan effects as explored in some art works by Melanie Jackson and Vivienne Dick

Garfield produces a critique of neo-minimalist art practice by demonstrating how the artist Melanie Jackson’s Some things you are not allowed to send around the world (2003 and 2006) and the experimental film-maker Vivienne Dick’s Liberty’s booty (1980) – neither of which can be said to be about feeling ‘at home’ in the world, be it as a resident or as a nomad – examine global humanity through multi-positionality, excess and contingency, and thereby begin to articulate a new cosmopolitan relationship with the local – or, rather, with many different localities – in one and the same maximalist sweep of the work. ‘Maximalism’ in Garfield’s coinage signifies an excessive overloading (through editing, collage, and the sheer density of the range of the material) that enables the viewer to insert themselves into the narrative of the work. In the art of both Jackson and Dick Garfield detects a refusal to know or to judge the world; instead, there is an attempt to incorporate the complexities of its full range into the singular vision of the work, challenging the viewer to identify what is at stake.

Whatever works: proportionality as a constitutional doctrine

In The Global Model of Constitutional Rights Kai Möller claims that the proportionality test is underlain by an expansive moral right to autonomy. This putative right protects everything that advances one’s self-conception. It may of course be limited when balanced against other considerations such as the rights of others. But it always creates a duty on the state to justify the limitation. Möller further contends that the practice of proportionality can best be understood as protecting the right to autonomy. This review article summarizes the main tenets of Möller’s theory and criticizes them on two counts. First, it disputes the existence of a general right to autonomy; such a right places an unacceptably heavy burden on others. Second, it argues that we do not need to invoke a right to autonomy to explain and justify the main features of the practice of proportionality. Like other constitutional doctrines, proportionality is defensible, if it is grounded in pragmatic –mainly epistemic and institutional- considerations about how to increase overall rights compliance. These considerations are independent of any substantive theory of rights.

And the night was kind. 'Ruskin's Ponds' book works by John Woodman

A journal article published in the Blue Notebook: Journal for artists' books. Vol 8 No 2, April 2014 exploring the work of video and book artist John Woodman and his relationship with John Ruskin's life and landscapes.

How the magnetopause transition parameter works

The transition parameter is based on the electron characteristics close to the Earth's dayside magnetopause, but reveals systematic ordering of other, independent, data such as the ion flow, density and temperature and the rientation and strength of the magnetic field. Potentially, therefore, it is a very useful tool for resolving ambiguities in a sequence of satellite data caused by the effects of structure and motion of the boundary; however, its application has been limited because there has been no clear understanding of how it works. We present an analysis of data from the AMPTE-UKS satellite which shows that the transition parameter orders magnetopause data because magnetic reconnection generates newly-opened field lines which coat the boundary: a direct relationship is found with the time elapsed since the boundary-layer field line was opened. A simple model is used to reproduce this behaviour.