El control de convencionalidad y la protección del derecho a la propiedad privada a partir de la sentencia del caso Salvador Chiriboga vs. Ecuador (Tema Central)

The contents of this article analyze the right to private property after the decision of the Inter-American Court of Human Rights in the case “Salvador Chiriboga vs. Ecuador”. The author´s concern is the fact that this case represents the most expensive sentence inside the Inter-American protection system due to the violation of the right to private property (art. 21.2 AC); judicial guarantees (art. 8.1 AC) and judicial protection (art. 25.1 CA). This subject has special relevance since Ecuador is facing a judicial reform process and it is necessary to consider that the diffusion of this decision among judges could prevent the commission of the same mistakes; specially, those related to denial of justice as it occurred in the present case study.

Multi-modal fingerprinting for multimedia assets: optimisation of media security protection in online distribution environments

Since the advent of the internet in every day life in the 1990s, the barriers to producing, distributing and consuming multimedia data such as videos, music, ebooks, etc. have steadily been lowered for most computer users so that almost everyone with internet access can join the online communities who both produce, consume and of course also share media artefacts. Along with this trend, the violation of personal data privacy and copyright has increased with illegal file sharing being rampant across many online communities particularly for certain music genres and amongst the younger age groups. This has had a devastating effect on the traditional media distribution market; in most cases leaving the distribution companies and the content owner with huge financial losses. To prove that a copyright violation has occurred one can deploy fingerprinting mechanisms to uniquely identify the property. However this is currently based on only uni-modal approaches. In this paper we describe some of the design challenges and architectural approaches to multi-modal fingerprinting currently being examined for evaluation studies within a PhD research programme on optimisation of multi-modal fingerprinting architectures. Accordingly we outline the available modalities that are being integrated through this research programme which aims to establish the optimal architecture for multi-modal media security protection over the internet as the online distribution environment for both legal and illegal distribution of media products.

Who owns the copyright of architectural works and designs?

Copyright protects the rights and interests of authors on their original works of authorship such as literary, dramatic, musical, artistic, and certain other intellectual works including architectural works and designs. It is automatic once a tangible medium of expression in any form of an innovative material, which conforms the Copyright Designs and Patents Act 1988 (CDPA 1988), is created. This includes the building, the architectural plans and drawings. There is no official copyright registry, no requirements on any fees need to be paid and they can be published or unpublished materials. Copyrights owners have the rights to control the reproduction, display, publication, and even derivation of the design. However, there are limitations on the rights of the copyright owners concerning copyrights infringements. Infringement of copyright is an unauthorised violation of the exclusive rights of the copyright author. Architects and engineers depend on copyright law to protect their works and design. Copyrights are protected on the arrangements of spaces and elements as well as the overall form of the architectural design. However, it does not cover the design of functional elements and standard features. Although copyright law provides automatic protection to all original architectural plans, the limitation is that copyright only protects the expression of ideas but not the ideas themselves. It can be argued that architectural drawings and design, including models are recognised categories of artistic works which are protected under the copyright law. This research investigates to what extent copyrights protect the rights and interests of the designers on architectural works and design.

Limpets break Dollo's law

A new molecular phylogeny of the limpet molluscs (Calyptraeidae) reveals that coiled shells have independently re-evolved at least once in this family, which is a violation of Dollo's Law that complex ancestral states, once lost, are never reacquired. Reacquisition of the coiled ancestral state is remarkable in that uncoiled shells have been the most recent ancestral state for 20 million-100 million years. Adult coiling might have reevolved by the mechanism of prolonging the period during which genes for coiling are expressed in larvae. This and other developmental mechanisms could provide general routes for maintaining the potential to produce traits lost in distant ancestors.

A framework towards multi-modal fingerprinting scheme for multimedia assets

Fingerprinting is a well known approach for identifying multimedia data without having the original data present but what amounts to its essence or ”DNA”. Current approaches show insufficient deployment of three types of knowledge that could be brought to bear in providing a finger printing framework that remains effective, efficient and can accommodate both the whole as well as elemental protection at appropriate levels of abstraction to suit various Foci of Interest (FoI) in an image or cross media artefact. Thus our proposed framework aims to deliver selective composite fingerprinting that remains responsive to the requirements for protection of whole or parts of an image which may be of particularly interest and be especially vulnerable to attempts at rights violation. This is powerfully aided by leveraging both multi-modal information as well as a rich spectrum of collateral context knowledge including both image-level collaterals as well as the inevitably needed market intelligence knowledge such as customers’ social networks interests profiling which we can deploy as a crucial component of our Fingerprinting Collateral Knowledge. This is used in selecting the special FoIs within an image or other media content that have to be selectively and collaterally protected.

On-line handwritten segmentation in linear drawings

This paper addresses the problem of tracking line segments corresponding to on-line handwritten obtained through a digitizer tablet. The approach is based on Kalman filtering to model linear portions of on-line handwritten, particularly, handwritten numerals, and to detect abrupt changes in handwritten direction underlying a model change. This approach uses a Kalman filter framework constrained by a normalized line equation, where quadratic terms are linearized through a first-order Taylor expansion. The modeling is then carried out under the assumption that the state is deterministic and time-invariant, while the detection relies on double thresholding mechanism which tests for a violation of this assumption. The first threshold is based on an approach of layout kinetics. The second one takes into account the jump in angle between the past observed direction of layout and its current direction. The method proposed enables real-time processing. To illustrate the methodology proposed, some results obtained from handwritten numerals are presented.

Hydrological cycle in the Danube basin in present-day and XXII century simulations by IPCCAR4 global climate models

We present an intercomparison and verification analysis of 20 GCMs (Global Circulation Models) included in the 4th IPCC assessment report regarding their representation of the hydrological cycle on the Danube river basin for 1961–2000 and for the 2161–2200 SRESA1B scenario runs. The basin-scale properties of the hydrological cycle are computed by spatially integrating the precipitation, evaporation, and runoff fields using the Voronoi-Thiessen tessellation formalism. The span of the model- simulated mean annual water balances is of the same order of magnitude of the observed Danube discharge of the Delta; the true value is within the range simulated by the models. Some land components seem to have deficiencies since there are cases of violation of water conservation when annual means are considered. The overall performance and the degree of agreement of the GCMs are comparable to those of the RCMs (Regional Climate Models) analyzed in a previous work, in spite of the much higher resolution and common nesting of the RCMs. The reanalyses are shown to feature several inconsistencies and cannot be used as a verification benchmark for the hydrological cycle in the Danubian region. In the scenario runs, for basically all models the water balance decreases, whereas its interannual variability increases. Changes in the strength of the hydrological cycle are not consistent among models: it is confirmed that capturing the impact of climate change on the hydrological cycle is not an easy task over land areas. Moreover, in several cases we find that qualitatively different behaviors emerge among the models: the ensemble mean does not represent any sort of average model, and often it falls between the models’ clusters.

When consent doesn't work: a rights-based case for limits to consent’s capacity to legitimise

Consent's capacity to legitimise actions and claims is limited by conditions such as coercion, which render consent ineffective. A better understanding of the limits to consent's capacity to legitimise can shed light on a variety of applied debates, in political philosophy, bioethics, economics and law. I show that traditional paternalist explanations for limits to consent's capacity to legitimise cannot explain the central intuition that consent is often rendered ineffective when brought about by a rights violation or threatened rights violation. I argue that this intuition is an expression of the same principles of corrective justice that underlie norms of compensation and rectification. I show how these principles can explain and clarify core intuitions about conditions which render consent ineffective, including those concerned with the consenting agent's option set, his mental competence, and available information.

The angular momentum constraint on climate sensitivity and downward influence in the middle atmosphere

It is shown that under reasonable assumptions, conservation of angular momentum provides a strong constraint on gravity wave drag feedbacks to radiative perturbations in the middle atmosphere. In the time mean, radiatively induced temperature perturbations above a given altitude z cannot induce changes in zonal mean wind and temperature below z through feedbacks in gravity wave drag alone (assuming an unchanged gravity wave source spectrum). Thus, despite the many uncertainties in the parameterization of gravity wave drag, the role of gravity wave drag in middle-atmosphere climate perturbations may be much more limited than its role in climate itself. This constraint limits the possibilities for downward influence from the mesosphere. In order for a gravity wave drag parameterization to respect the momentum constraint and avoid spurious downward influence, any nonzero parameterized momentum flux at a model lid must be deposited within the model domain, and there must be no zonal mean sponge layer. Examples are provided of how violation of these conditions leads to spurious downward influence. For planetary waves, the momentum constraint does not prohibit downward influence, but it limits the mechanisms by which it can occur: in the time mean, downward influence from a radiative perturbation can only arise through changes in reflection and meridional propagation properties of planetary waves.

Temporal evolution and electric potential structure of the auroral acceleration region from multispacecraft measurements

Bright aurorae can be excited by the acceleration of electrons into the atmosphere in violation of ideal magnetohydrodynamics. Modelling studies predict that the accelerating electric potential consists of electric double layers at the boundaries of an acceleration region but observations suggest that particle acceleration occurs throughout this region. Using multi-spacecraft observations from Cluster we have examined two upward current regions on 14 December 2009. Our observations show that the potential difference below C4 and C3 changed by up to 1.7 kV between their respective crossings, which were separated by 150 s. The field-aligned current density observed by C3 was also larger than that observed by C4. The potential drop above C3 and C4 was approximately the same in both crossings. Using a novel technique of quantitatively comparing the electron spectra measured by Cluster 1 and 3, which were separated in altitude, we determine when these spacecraft made effectively magnetically conjugate observations and use these conjugate observations to determine the instantaneous distribution of the potential drop in the AAR. Our observations show that an average of 15% of the potential drop in the AAR was located between C1 at 6235 km and C3 at 4685 km altitude, with a maximum potential drop between the spacecraft of 500~V and that the majority of the potential drop was below C3. By assuming a spatial invariance along the length of the upward current region, we discuss these observations in terms of temporal changes and the vertical structure of the electrostatic potential drop and in the context of existing models and previous observations single- and multi-spacecraft observations.

Globalization, economic freedom, and human rights

Using the KOF Index of Globalization and two indices of economic freedom, the authors empirically analyze whether globalization and economic liberalization affect governments’ respect for human rights in a panel of 106 countries over the 1981–2004 period. According to their results, physical integrity rights significantly and robustly increase with globalization and economic freedom, while empowerment rights are not robustly affected. Due to the lack of consensus about the appropriate level of empowerment rights as compared to the outright rejection of any violation of physical integrity rights, the global community is presumably less effective in promoting empowerment rights.

Effects of detectability on estimates of geographic range size in bignonieae

Extinction risk has not been evaluated for 96% of all described plant species. Given that the Global Strategy for Plant Conservation proposes preliminary conservation assessments of all described plant species by 2010, herbarium specimens (i.e., primary occurrence data) are increasingly being used to infer threat components from estimates of geographic range size. Nevertheless, estimates of range size based on herbarium data may be inaccurate due to collection bias associated with interspecific variation in detectability. We used data on 377 species of Bignonieae to test the hypothesis that there is a positive relationship between detectability and estimates of geographic range size derived from herbarium specimens. This relationship is expected if the proportion of the true geographic range size of a species that is documented by herbarium specimens is given by the product of the true geographic range size and the detectability of the species, assuming no relationship between true geographic range size and detectability. We developed 4 measures of detectability that can be estimated from herbarium data and examined the relationship between detectability and 2 types of estimates of geographic range size: area of occupancy and extent of occurrence. Our results from regressing estimates of extent of occurrence and area of occupancy on detectability across genera provided no support for this hypothesis. The same was true for regressions of estimated extent of occurrence on detectability across species within genera. Nevertheless, regressions of estimated area of occupancy on detectability across species within genera provided partial support for our hypothesis. We considered 3 possible explanations for this mixed outcome: violation of the assumption of no relationship between true geographic range size and detectability; the relationships between estimated geographic range size and detectability may be an artifact of a negative relationship between estimated area of occupancy and the sampling variance of detectability; detectability may have had 2 opposite effects on estimated species range sizes: one determines the proportion of the true range of a species documented by herbarium specimens and the other determines the distribution of true range size for the species actually observed with herbarium data. Our findings should help improve understanding of the potential biases incurred with the use of herbarium data.

Perturbation treatment of symmetry breaking within random matrix theory

We discuss the applicability, within the random matrix theory, of perturbative treatment of symmetry breaking to the experimental data on the flip symmetry breaking in quartz crystal. We found that the values of the parameter that measures this breaking are different for the spacing distribution as compared to those for the spectral rigidity. We consider both two-fold and three-fold symmetries. The latter was found to account better for the spectral rigidity than the former. Both cases, however, underestimate the experimental spectral rigidity at large L. This discrepancy can be resolved if an appropriate number of eigenfrequencies is considered to be missing in the sample. Our findings are relevant for symmetry violation studies in general. (C) 2008 Elsevier B.V. All rights reserved.

Probing bilinear R-parity violating supergravity at the LHC

We study the collider phenomenology of bilinear R-parity violating supergravity, the simplest effective model for supersymmetric neutrino masses accounting for the current neutrino oscillation data. At the CERN Large Hadron Collider the center-of-mass energy will be high enough to probe directly these models through the search for the superpartners of the Standard Model (SM) particles. We analyze the impact of R-parity violation on the canonical supersymmetry searches-that is, we examine how the decay of the lightest supersymmetric particle (LSP) via bilinear R-parity violating interactions degrades the average expected missing momentum of the reactions and show how this diminishes the reach in the usual channels for supersymmetry searches. However, the R-parity violating interactions lead to an enhancement of the final states containing isolated same-sign di-leptons and trileptons, compensating the reach loss in the fully inclusive channel. We show how the searches for displaced vertices associated to LSP decay substantially increase the coverage in supergravity parameter space, giving the corresponding reaches for two reference luminosities of 10 and 100 fb(-1) and compare with those of the R-parity conserving minimal supergravity model.

Energy-momentum tensor in thermal strong-field QED with unstable vacuum

Themean value of the one-loop energy-momentum tensor in thermal QED with an electric-like background that creates particles from vacuum is calculated. The problem is essentially different from calculations of effective actions ( similar to the action of Heisenberg-Euler) in backgrounds that respect the stability of vacuum. The role of a constant electric background in the violation of both the stability of vacuum and the thermal character of particle distribution is investigated. Restrictions on the electric field and the duration over which one can neglect the back-reaction of created particles are established.