UsedSoft and the Big Bang Theory: Is the e-Exhaustion Meteor about to Strike?

Since the UsedSoft ruling of the CJEU in 2012, there has been the distinct feeling that – like the big bang - UsedSoft signals the start of a new beginning. As we enter this brave new world, the Copyright Directive will be read anew: misalignments in the treatment of physical and digital content will be resolved; accessibility and affordability for consumers will be heightened; and lock-in will be reduced as e-exhaustion takes hold. With UsedSoft as a precedent, the Court can do nothing but keep expanding its own ruling. For big bang theorists, it is only a matter of time until the digital first sale meteor strikes non-software downloads also. This paper looks at whether the UsedSoft ruling could indeed be the beginning of a wider doctrine of e-exhaustion, or if it is simply a one-shot comet restrained by provisions of the Computer Program Directive on which it was based. Fighting the latter corner, we have the strict word of the law; in the UsedSoft ruling, the Court appears to willingly bypass the international legal framework of the WCT. As far as expansion goes, the Copyright Directive was conceived specifically to implement the WCT, thus the legislative intent is clear. The Court would not, surely, invoke its modicum of creativity there also... With perhaps undue haste in a digital market of many unknowns, it seems this might well be the case. Provoking the big bang theory of e-exhaustion, the UsedSoft ruling can be read as distinctly purposive, but rather than having copyright norms in mind, the standard for the Court is the same free movement rules that underpin the exhaustion doctrine in the physical world. With an endowed sense of principled equivalence, the Court clearly wishes the tangible and intangible rules to be aligned. Against the backdrop of the European internal market, perhaps few legislative instruments would staunchly stand in its way. With firm objectives in mind, the UsedSoft ruling could be a rather disruptive meteor indeed.

Digital First Sale Doctrine Ante Portas – Exhaustion in the Online Environment

The purpose of the article is to provide first a doctrinal summary of the concept, rules and policy of exhaustion, first, on the international and EU level, and, later, under the law of the United States. Based upon this introduction, the paper turns to the analysis of the doctrine by the pioneer court decisions handed over in the UsedSoft, ReDigi, the German e-book/audio book cases, and the pending Tom Kabinet case from the Netherlands. Questions related to the licence versus sale dichotomy; the so-called umbrella solution; the “new copy theory”, migration of digital copies via the internet; the forward-and-delete technology; the issue of lex specialis and the theory of functional equivalence are covered later on. The author of the present article stresses that the answers given by the respective judges of the referred cases are not the final stop in the discussion. The UsedSoft preliminary ruling and the subsequent German domestic decisions highlight a special treatment for computer programs. On the other hand, the refusal of digital exhaustion in the ReDigi and the audio book/e-book cases might be in accordance with the present wording of copyright law; however, they do not necessarily reflect the proper trends of our ages. The paper takes the position that the need for digital exhaustion is constantly growing in society and amongst businesses. Indeed, there are reasonable arguments in favour of equalizing the resale of works sold in tangible and intangible format. Consequently, the paper urges the reconsideration of the norms on exhaustion on the international and EU level.

ARTHUR: A Collaborative Augmented Environment for Architectural Design and Urban Planning

Projects in the area of architectural design and urban planning typically engage several architects as well as experts from other professions. While the design and review meetings thus often involve a large number of cooperating participants, the actual design is still done by the individuals in the time in between those meetings using desktop PCs and CAD applications. A real collaborative approach to architectural design and urban planning is often limited to early paper-based sketches.In order to overcome these limitations, we designed and realized the ARTHUR system, an Augmented Reality (AR) enhanced round table to support complex design and planning decisions for architects. WhileAR has been applied to this area earlier, our approach does not try to replace the use of CAD systems but rather integrates them seamlessly into the collaborative AR environment. The approach is enhanced by intuitiveinteraction mechanisms that can be easily con-figured for different application scenarios.

Capabilities and Education

This paper provides an outline about the basic ideas of the capability approach. It will be argued that the capability approach is able to provide an appropriate approach in order to evaluate educational and social human services. As an egalitarian approach to social justice, the capability approach has particular strengths when issues concerning the actual life-conduct of tangible human beings come to the fore. In particular educational aspects of welfare and well-being might thus be well grounded on the Aristotelian reasoning of the capability approach. The paper focuses on the potentially fruitful relations of the capability approach and the philosophy and practice of ‘just’ education referring to the idea of the autonomy of life-practice.

The TViews Table Role-Playing Game

The TViews Table Role-Playing Game (TTRPG) is a digital tabletop role-playing game that runs on the TViews table, bridging the separate worlds of traditional role-playing games with the growing area of massively multiplayer online role-playing games. The TViews table is an interactive tabletop media platform that can track the location of multiple tagged objects in real-time as they are moved around its surface, providing a simultaneous and coincident graphical display. In this paper we present the implementation of the first version of TTRPG, with a content set based on the traditional Dungeons & Dragons rule-set. We also discuss the results of a user study that used TTRPG to explore the possible social context of digital tabletop role-playing games.

The Design of Networked Exertion Games

Incorporating physical activity and exertion into pervasive gaming applications can provide health and social benefits. Prior research has resulted in several prototypes of pervasive games that encourage exertion as interaction form; however, no detailed critical account of the various approaches exists. We focus on networked exertion games and detail some of our work while identifying the remaining issues towards providing a coherent framework. We outline common lessons learned and use them as the basis for generalizations for the design of networked exertion games. We propose possible directions of further investigation, hoping to provide guidance for future work to facilitate greater awareness and exposure of exertion games and their benefits.

Book Review of “Indigenous Social Work around the World. Towards Culturally Relevant Education and Practice”, 2008, edited by Mel Gray, John Coates and Michael Yellow Bird

One could be seduced into a critique of this volume that focuses on its potential to overstate the momentum for a shift in Western social work ideology when faced with the conundrum of cultural difference. One could posit that the discussion is too broad, the topics covered too numerous, the opportunity for detail missed, the urgency of the messages unnecessarily exaggerated, the “proof” not beyond anecdote and so forth. I reject this temptation to conform to the dominant professional dynamic most emphatically and offer that what Gray, Coates and Yellow Bird have presented to the social work field in this volume is the first tangible step towards an alternative paradigm for an occupation afflicted with unsustainable hypocrisy and thus at the brink of irrelevancy.

Optimierung der Energieeffizienz von Intralogistikressourcen am Beispiel des Kettenförderers

Dieser Artikel setzt sich mit den Einflussgrößen auf die Energieeffizienz von Intralogistikressourcen am Beispiel des Tragkettenförderers auseinander. Es wird beleuchtet durch welche Methoden der Energiebedarf und -verbrauch ermittelt werden kann und wie Abhängigkeiten und Wechselwirkungen der Einflussgrößen auf den Energieverbrauch bestimmt werden. Aus den Ergebnissen werden Maßnahmen abgeleitet, durch die der Energieverbrauch von Intralogistikressourcen reduziert werden kann. Zudem wird ein Ausblick auf Energieverbrauchserhöhungen durch die zeitliche Veränderung infolge von Verschleißerscheinungen gegeben. Die ermittelten Erkenntnisse bilden die Grundlage für die Erstellung eines Kostenmodells, das die real auftretenden Lebenszykluskosten für Energie und Instandhaltung transparenter als bestehende Kostenmodelle darstellt. Mit dem Modell sollen Energie- und Instandhaltungskosten über den Lebenszyklus verringert werden, indem die Instandhaltungsmaßnahmen aus Gesamtkostensicht optimal geplant werden.

Information as Property

Information is widely regarded as one of the key concepts of modern society. The production, distribution and use of information are some of the key aspects of modern economies. Driven by technological progress information has become a good in its own right. This established an information economy and challenged the law to provide an apt framework suitable to promote the production of information, enable its distribution and efficient allocation, and deal with the risks inherent in information technology. Property rights are a major component of such a framework. However, information as an object of property rights is not limited to intellectual property but may also occur as personality aspects or even tangible property. Accordingly, information as property can be found in the area of intellectual property, personality protection and other property rights. This essay attempts to categorize three different types of information that can be understood as a good in the economic sense and an object in the legal sense: semantic information, syntactic information and structural information. It shows how legal ownership of such information is established by different subjective rights. In addition the widespread debate regarding the justification of intellectual property rights is demonstrated from the wider perspective of informational property in general. Finally, in light of current debates, this essay explores whether “data producers” shall have a new kind of property right in data.