Why Freeter and NEET are Misunderstood: Recognizing the New Precarious Conditions of Japanese Youth

In developed countries, the transition from school to work has radically changed over the past two decades. It has become prolonged, complicated and individualized (Bynner et al., 1997; Walther et al., 2004). Young people used to transition directly from school to stable employment, or with a very short unemployed period. In many European countries, this situation has been changing since the eighties: overall youth unemployment has increased, and many young people experience long periods of unemployment, government training schemes and part-time or temporary jobs. In Japan, this change has taken a decade later to appear, becoming prevalent by the late nineties (Inui, 2003). The transiting process has become not only precarious for young people, but also difficult for society to precisely understand the risks and problems. Traditionally, we have been able to recognize young people's situation by a simple category: in education, employed, in training or unemployed. However, these categories no longer accurately represent young people's state. In Japan, most young people used to move from school directly to full-time employment through the new graduate recruitment system (Inui, 1993). Therefore, in official statistics such as the School Basic Survey, 'employed' includes only those who are in regular employment, while those who are in part-time or temporary work are covered by the categories 'jobless' and 'others'. However, with the increase in non-full-time jobs in the nineties, these categories have become less useful for describing the actual employment conditions of young people. Indeed, this is why, in the late of nineties, the Japanese Ministry of Education changed the category name from 'jobless' to 'others'.

Copyright Exhaustion Rationales and Used Software: A Law and Economics Approach to Oracle v. UsedSoft

This article aims to provide courts and policymakers with an analytical framework that, building upon the traditional rationales of IP exhaustion doctrine, identifies factors which advocate for a modulation or flexibilization of the role of exhaustion in copyright law. Factors include (i) the personal features of acquirers of copies of copyrighted works, distinguishing between consumers and commercial users; (ii) whether post-sale restrictions have been adequately communicated to acquirers and have been agreed in the contract or license; (iii) the degree of complexity of the acquired goods and their prospects of productive uses and interoperability; (iv) the role of other exclusive rights in providing rightholders with indirect control over uses of the copies in the aftermarket; (v) the impact of post-sale restraints in preventing opportunism in long-term contracts and in reducing deadweight losses created by IP pricing; and (vi) the temporal scope of post-sale restraints. After setting out this analytical framework, the ECJ Judgement in Oracle v. UsedSoft is discussed.