8 resultados para Judgment.

em Digital Peer Publishing


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In the context of a synchronic lexical study of the Ede varieties of West Africa, this paper investigates whether the use of different criteria sets to judge the similarity of lexical features in different language varieties yields matching conclusions regarding the relative relationships and clustering of the investigated varieties and thus leads to similar recommendations for further sociolinguistic research. Word lists elicited in 28 Ede varieties were analyzed with the inspection method. To explore the effects of different similarity judgment criteria, two different similarity judgment criteria sets were applied to the elicited data to identify similar lexical items. The quantification of these similarity decisions led to the computation of two similarity matrices which were subsequently analyzed by means of correlation analysis and multidimensional scaling. The findings of this analysis suggest compatible conclusions regarding the relative relationships and clustering of the investigated Ede varieties. However, the matching clustering results do not necessarily lead to the same recommendations for more in-depth sociolinguistic research, when interpreted in terms of an absolute lexical similarity threshold. The indicated ambiguities suggest the usefulness of focusing on the relative, rather than absolute in establishing recommendations for further sociolinguistic research.

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This Judgment by the Presidium of the Supreme Arbitration Court of the Russian Federation can be considered as a landmark ruling for Internet Service Provider’s (ISP) liability. The Court stipulates for the first time concise principles under which circumstances an ISP shall be exempt from liability for transmitting copyright infringing content. But due to the legislation on ISP liability in the Russian Federation it depends on the type of information which rules of liability apply to ISP. As far as a violation of intellectual property rights is claimed, the principles given now by the Supreme Arbitration Court are applicable, which basically follow the liability limitations of the so called EU E-Commerce Directive. But, furthermore, preventive measures that are provided in service provider contracts to suppress a violation through the use of services should be taken into account as well. On the other hand, as far as other information is concerned the limitations of the respective Information Law might be applicable which stipulates different liability requirements. This article gives a translation of the Supreme Arbitration Court’s decision as well as a comment on its key rulings with respect to the legal framework and on possible consequences for practice.

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A general theory of violence may only be possible in the sense of a meta-theoretical framework, As such it should comprise a parsimonious set of general mechanisms that operate across various manifestations of violence. In order to identify such mechanisms, a general theory of violence needs to equally consider all manifestations of violence, in all societies, and at all times. Departing from this assumption this paper argues that three theoretical approaches may be combined in a non-contradictory way to understand violence as goal-directed instrumental behaviour: a theory of the judgment and decision-making processes operating in the situations that give rise to violence; a theory of the evolutionary processes that have resulted in universal cognitive and emotional mechanisms associated with violence; and a theory of the way in which social institutions structure violence by selectively enhancing its effectiveness for some purposes (i.e legitimate use of force) and controlling other types of violence (i.e crime). To illustrate the potential use of such a perspective the paper then examines some general mechanisms that may explain many different types of violence. In particular, it examines how the mechanisms of moralistic aggression (Trivers) and moral disengagement (Bandura) may account for many different types of violence.

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Increasing demand for marketing accountability requires an efficient allocation of marketing expenditures. Managers who know the elasticity of their marketing instruments can allocate their budgets optimally. Meta-analyses offer a basis for deriving benchmark elasticities for advertising. Although they provide a variety of valuable insights, a major shortcoming of prior meta-analyses is that they report only generalized results as the disaggregated raw data are not made available. This problem is highly relevant because coding of empirical studies, at least to a certain extent, involves subjective judgment. For this reason, meta-studies would be more valuable if researchers and practitioners had access to disaggregated data allowing them to conduct further analyses of individual, e.g., product-level-specific, interests. We are the first to address this gap by providing (1) an advertising elasticity database (AED) and (2) empirical generalizations about advertising elasticities and their determinants. Our findings indicate that the average current-period advertising elasticity is 0.09, which is substantially smaller than the value 0f 0.12 that was recently reported by Sethuraman, Tellis, and Briesch (2011). Furthermore, our meta-analysis reveals a wide range of significant determinants of advertising elasticity. For example, we find that advertising elasticities are higher (i) for hedonic and experience goods than for other goods; (ii) for new than for established goods; (iii) when advertising is measured in gross rating points (GRP) instead of absolute terms; and (iv) when the lagged dependent or lagged advertising variable is omitted.

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On October 10, 2013, the Chamber of the European Court of Human Rights (ECtHR) handed down a judgment (Delfi v. Estonia) condoning Estonia for a law which, as interpreted, held a news portal liable for the defamatory comments of its users. Amongst the considerations that led the Court to find no violation of freedom of expression in this particular case were, above all, the inadequacy of the automatic screening system adopted by the website and the users’ option to post their comments anonymously (i.e. without need for prior registration via email), which in the Court’s view rendered the protection conferred to the injured party via direct legal action against the authors of the comments ineffective. Drawing on the implications of this (not yet final) ruling, this paper discusses a few questions that the tension between the risk of wrongful use of information and the right to anonymity generates for the development of Internet communication, and examines the role that intermediary liability legislation can play to manage this tension.

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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.