Book review of “Germany in Transit: Nation and Migration, 1955-2005”. 588 pages, University of California Press, 2007, by Deniz Göktürk, David Gramling and Anton Kaes (eds.)

Though migration is an age-old feature of human activity, driven by various circumstances, its current place in the midst of global dynamics and the phenomenon of globalization is becoming increasingly critical. International immigration and its regulation have been largely shaped by the policies in the receiving countries, often determining preferences for nationality cohorts and work skills to satisfy their labor and human capital requirements. When immigration has been necessitated by political strife, host countries have displayed immense magnanimity as well. However, the growing realization of resource limitations and the strange quirks of cultural pluralism are in turn creating waves of dissonance. Literature and the media are now replete with an in depth look into the immigration debate in various nations of the world in trying to seek new directions and satisfactory solutions.

Who has really paid for the Reconstruction of East Germany? Expected and Realized Returns on Real Estate Investments in East and West Germany in the 1990s

We evaluate the profitability of investments in residential property in Germany after unification with a focus on the comparison of East and West Germany. Calculations are carried out for (1) the after-tax return an investor might have expected at the beginning of the 1990s, and (2) the after-tax return that has been realized ten years after. We compare a set of statistical data for investments in fifty major cities by using complete financial budgeting. The results show that tax subsidies could not always protect investors from losing money, but they have boosted realized returns after tax considerably. Therefore, it was indeed the taxpayers, not the investors, who have borne the cost of reconstructing East Germany.

Einsatz von RFID in der Pharmazeutischen Industrie

Die Radio Frequenz Identifikation (RFID) gilt als wichtigste technologische Neuerung in der Informationslogistik. Wird RFID in der produzierenden Industrie hauptsächlich zur Betriebsdaten-erfassung und im Handel zur Wareneingangs-/ Warenausgangskontrolle verwendet, so können ins-besondere in der Pharmazeutischen Industrie die Vorteile der Technologie voll ausgereizt werden. Die wohl wichtigste Anwendung ist die lückenlose Rückverfolgung entlang der Lieferkette, wie sie in den USA bereits in einigen Staaten für alle pharmazeutischen Produkte vorgeschrieben und auch in Deutschland für bestimmte Produkte erforderlich ist. Zudem können die RFID Transponder auf der Produktver-packung als fälschungssicheres Merkmal eingesetzt werden. Bei temperatursensiblen Produkten können Transponder mit zusätzlicher Sensorik zur Überwachung der Kühlkette dienen. Gleichzeitig kann der Transponder auch als Diebstahlsicherung im innerbetrieblichen Bereich sowie auch im Handel dienen und ermöglicht dabei eine höhere Sicherheit als die bisher eingesetzten 1-Bit Transponder. Die Trans-pondertechnologie kann außerdem den Barcode ganz oder teilweise ersetzen und so einen großen Beitrag zur Prozessautomatisierung leisten.

Spanish Supreme Court Rules in Favour of Google Search Engine... and a Flexible Reading of Copyright Statutes?

On 3 April 2012, the Spanish Supreme Court issued a major ruling in favour of the Google search engine, including its ‘cache copy’ service: Sentencia n.172/2012, of 3 April 2012, Supreme Court, Civil Chamber.* The importance of this ruling lies not so much in the circumstances of the case (the Supreme Court was clearly disgusted by the claimant’s ‘maximalist’ petitum to shut down the whole operation of the search engine), but rather on the court going beyond the text of the Copyright Act into the general principles of the law and case law, and especially on the reading of the three-step test (in Art. 40bis TRLPI) in a positive sense so as to include all these principles. After accepting that none of the limitations listed in the Spanish Copyright statute (TRLPI) exempted the unauthorized use of fragments of the contents of a personal website through the Google search engine and cache copy service, the Supreme Court concluded against infringement, based on the grounds that the three-step test (in Art. 40bis TRLPI) is to be read not only in a negative manner but also in a positive sense so as to take into account that intellectual property – as any other kind of property – is limited in nature and must endure any ius usus inocui (harmless uses by third parties) and must abide to the general principles of the law, such as good faith and prohibition of an abusive exercise of rights (Art. 7 Spanish Civil Code).The ruling is a major success in favour of a flexible interpretation and application of the copyright statutes, especially in the scenarios raised by new technologies and market agents, and in favour of using the three-step test as a key tool to allow for it.

The EU’s Trouble with Mashups: From Disabling to Enabling a Digital Art Form

New tools for editing of digital images, music and films have opened up new possibilities to enable wider circles of society to engage in ’artistic’ activities of different qualities. User-generated content has produced a plethora of new forms of artistic expression. One type of user-generated content is the mashup. Mashups are compositions that combine existing works (often) protected by copyright and transform them into new original creations. The European legislative framework has not yet reacted to the copyright problems provoked by mashups. Neither under the US fair use doctrine, nor under the strict corset of limitations and exceptions in Art 5 (2)-(3) of the Copyright Directive (2001/29/EC) have mashups found room to develop in a safe legal environment. The contribution analyzes the current European legal framework and identifies its insufficiencies with regard to enabling a legal mashup culture. By comparison with the US fair use approach, in particular the parody defense, a recent CJEU judgment serves as a comparative example. Finally, an attempt is made to suggest solutions for the European legislator, based on the policy proposals of the EU Commission’s “Digital Agenda” and more recent policy documents (e.g. “On Content in the Digital Market”, “Licenses for Europe”). In this context, a distinction is made between non-commercial mashup artists and the emerging commercial mashup scene.

Gender - an Issue for German Welfare Organisation

During the last months and years the English expression 'gender' has become a well-known word all over Germany, often with the annex 'mainstreaming'. Gender mainstreaming was initiated as a political strategy by the Women's World Conference in Beijing in 1995 and adopted by the European Union in 1997 (COM(96)76 final). It basically means that all actions and initiatives planned have to be tested as to their effects on women and men and should not be taken if they disadvantage either one. But gender is also a category in the discussion about democratic features. Gender democracy means that males and females should be represented equally in the public, political, cultural, social and economic sphere of a society. On this background, this paper traces the gender issue in the field of organizations in the social sector of Germany, in particular the 'welfare organizations'. In this article, 'welfare organizations' is used as a translation of the German word 'Wohlfahrtsverbände'. The reason for this choice is the endeavor to indicate their difference from for instance English 'charitable associations' or French 'associations sociale et sanitaire', because social organizations in the EU-member states differ considerably in regard to their history, function, self-image , financing, political power etc.. The terms 'social non-governmental organizations' (NGOs) or 'social nonprofit organizations' (NPOs ) are used synonymously.