Comment la crainte de sous-protection engendrera la catastrophe de la surprotection:examen constitutionnel du Digital Millenium Copyright Act

Chaque apparition d’une nouvelle technologie remet inévitablement en cause le cadre législatif établi pour protéger les droits de propriété. Cependant, avec la numérisation de l’information et l’avènement d’Internet, il est de plus en plus facile de reproduire et de distribuer librement des œuvres protégées. Toutefois, depuis le 20 décembre 1996, l’Organisation Mondiale de la Propriété Intellectuelle (OMPI) a adopté deux traités ayant pour objectif principal d’adapter le cadre juridique du droit d’auteur aux nouvelles technologies. C’est pour se conformer à ces traités que l’administration Clinton a adopté le Digital Millenium Copyright Act (DMCA) en 1998. Cet article examine d’abord les dimensions constitutionnelle du Copyright américain, et plus spécifiquement certaines limites qui viennent tempérer les prérogatives exclusives des titulaires de droits, notamment le domaine public et les usages équitables possibles d’ une œuvre. Sont ensuite examinés le DMCA et sa conformité aux principes énoncés à la clause constitutionnelle, source du pouvoir législatif du Congrès américain en matière de Copyright. De plus, comme le DMCA interdit non seulement le contournement de technologies protégeant une œuvre en format numérique, mais également la fabrication et la diffusion de technologies permettant d’arriver à cette fin, cet article analyse les répercussions de cette loi sur la liberté d’expression.

The Legal Implications of Internet Marketing : Exploiting the Digital Marketplace Within the Boundaries of the Law

Au cours des dernières années, le domaine de la consommation a grandement évolué. Les agents de marketing ont commencé à utiliser l’Internet pour influencer les consommateurs en employant des tactiques originales et imaginatives qui ont rendus possible l’atteinte d'un niveau de communication interpersonnelle qui avait précédemment été insondable. Leurs interactions avec les consommateurs, en utilisant la technologie moderne, se manifeste sous plusieurs formes différentes qui sont toutes accompagnés de leur propre assortiment de problèmes juridiques. D’abord, il n'est pas rare pour les agents de marketing d’utiliser des outils qui leur permettent de suivre les actions des consommateurs dans le monde virtuel ainsi que dans le monde physique. Les renseignements personnels recueillis d'une telle manière sont souvent utilisés à des fins de publicité comportementale en ligne – une utilisation qui ne respecte pas toujours les limites du droit à la vie privée. Il est également devenu assez commun pour les agents de marketing d’utiliser les médias sociaux afin de converser avec les consommateurs. Ces forums ont aussi servi à la commission d’actes anticoncurrentiels, ainsi qu’à la diffusion de publicités fausses et trompeuses – deux pratiques qui sont interdites tant par la loi sur la concurrence que la loi sur la protection des consommateurs. Enfin, les agents de marketing utilisent diverses tactiques afin de joindre les consommateurs plus efficacement en utilisant diverses tactiques qui les rendent plus visible dans les moteurs de recherche sur Internet, dont certaines sont considérés comme malhonnêtes et pourraient présenter des problèmes dans les domaines du droit de la concurrence et du droit des marques de commerce. Ce mémoire offre une description détaillée des outils utilisés à des fins de marketing sur Internet, ainsi que de la manière dont ils sont utilisés. Il illustre par ailleurs les problèmes juridiques qui peuvent survenir à la suite de leur utilisation et définit le cadre législatif régissant l’utilisation de ces outils par les agents de marketing, pour enfin démontrer que les lois qui entrent en jeu dans de telles circonstances peuvent, en effet, se révéler bénéfiques pour ces derniers d'un point de vue économique.

La transformation des enquêtes policières due à l’influence des technologies : perspective d’une unité policière spécialisée en analyse judiciaire informatique

La popularité des technologies de l’information et des communications entraîne l’augmentation de la preuve retrouvée sous forme numérique lors d’enquêtes policières. Les organisations policières doivent innover afin d’analyser, gérer et tirer profit de cette preuve numérique. En réponse, elles ont constitué des unités spécialisées en criminalité technologique et en analyse judiciaire informatique. La présente étude utilise les théories de l’innovation afin de déterminer comment l’évolution des technologies et des tendances en matière de criminalité technologique influencent les enquêtes et les organisations policières. Cette recherche vise à augmenter les connaissances sur ces unités spécialisées en quantifiant et en qualifiant leur travail quotidien. Avec la collaboration d’une unité policière canadienne spécialisée en analyse judiciaire informatique, une analyse détaillée des demandes d’expertise adressées à leur service a été effectuée. Les résultats indiquent une augmentation de la preuve numérique avec la prévalence de certaines formes de criminalité et de certains appareils électroniques. Les facteurs influençant le délai de traitement sont soulignés ainsi que les stratégies mises de l’avant afin de gérer efficacement l’accroissement des demandes de service. Finalement, des entrevues ont été menées avec certains membres de l’équipe afin de mettre en lumière les défis et les enjeux relatifs à l’implantation et au fonctionnement d’une telle unité. Les principaux enjeux soulevés concernent les environnements technologiques et juridiques, la formation du personnel, la gestion des ressources et les priorités organisationnelles.

Digital Paratext : Editorialization and the Very Death of the Author

As shown by different scholars, the idea of “author” is not absolute or necessary. On the contrary, it came to life as an answer to the very practical needs of an emerging print technology in search of an economic model of its own. In this context, and according to the criticism of the notion of “author” made during the 1960–70s (in particular by Barthes and Foucault), it would only be natural to consider the idea of the author being dead as a global claim accepted by all scholars. Yet this is not the case, because, as Rose suggests, the idea of “author” and the derived notion of copyright are still too important in our culture to be abandoned. But why such an attachment to the idea of “author”? The hypothesis on which this chapter is based is that the theory of the death of the author—developed in texts such as What is an Author? by Michel Foucault and The Death of the Author by Roland Barthes—did not provide the conditions for a shift towards a world without authors because of its inherent lack of concrete editorial practices different from the existing ones. In recent years, the birth and diffusion of the Web have allowed the concrete development of a different way of interpreting the authorial function, thanks to new editorial practices—which will be named “editorialization devices” in this chapter. Thus, what was inconceivable for Rose in 1993 is possible today because of the emergence of digital technology—and in particular, the Web.

Introduction : Crossing Digital Thresholds on the Paratextual Tightrope

The paratext framework is now used in a variety of fields to assess, measure, analyze, and comprehend the elements that provide thresholds, allowing scholars to better understand digital objects. Researchers from many disciplines revisit paratextual theories in order to grasp what surrounds text in the digital age. Examining Paratextual Theory and its Applications in Digital Culture suggests a theoretical and practical tool for building bridges between disciplines interested in conducting joint research and exploration of digital culture. Helping scholars from different fields find an interdisciplinary framework and common language to study digital objects, this book serves as a useful reference for academics, librarians, professionals, researchers, and students, offering a collaborative outlook and perspective.

Design, Fabrication and Characterization of Passive and Active Polymer Photonic Devices

The rapid developments in fields such as fibre optic communication engineering and integrated optical electronics have expanded the interest and have increased the expectations about guided wave optics, in which optical waveguides and optical fibres play a central role. The technology of guided wave photonics now plays a role in generating information (guided-wave sensors) and processing information (spectral analysis, analog-to-digital conversion and other optical communication schemes) in addition to its original application of transmitting information (fibre optic communication). Passive and active polymer devices have generated much research interest recently because of the versatility of the fabrication techniques and the potential applications in two important areas – short distant communication network and special functionality optical devices such as amplifiers, switches and sensors. Polymer optical waveguides and fibres are often designed to have large cores with 10-1000 micrometer diameter to facilitate easy connection and splicing. Large diameter polymer optical fibres being less fragile and vastly easier to work with than glass fibres, are attractive in sensing applications. Sensors using commercial plastic optical fibres are based on ideas already used in silica glass sensors, but exploiting the flexible and cost effective nature of the plastic optical fibre for harsh environments and throw-away sensors. In the field of Photonics, considerable attention is centering on the use of polymer waveguides and fibres, as they have a great potential to create all-optical devices. By attaching organic dyes to the polymer system we can incorporate a variety of optical functions. Organic dye doped polymer waveguides and fibres are potential candidates for solid state gain media. High power and high gain optical amplification in organic dye-doped polymer waveguide amplifier is possible due to extremely large emission cross sections of dyes. Also, an extensive choice of organic dye dopants is possible resulting in amplification covering a wide range in the visible region.

Information Discovery in Distributed Systems-A Novel Concept Based on Modelling of Information Elements

Sharing of information with those in need of it has always been an idealistic goal of networked environments. With the proliferation of computer networks, information is so widely distributed among systems, that it is imperative to have well-organized schemes for retrieval and also discovery. This thesis attempts to investigate the problems associated with such schemes and suggests a software architecture, which is aimed towards achieving a meaningful discovery. Usage of information elements as a modelling base for efficient information discovery in distributed systems is demonstrated with the aid of a novel conceptual entity called infotron.The investigations are focused on distributed systems and their associated problems. The study was directed towards identifying suitable software architecture and incorporating the same in an environment where information growth is phenomenal and a proper mechanism for carrying out information discovery becomes feasible. An empirical study undertaken with the aid of an election database of constituencies distributed geographically, provided the insights required. This is manifested in the Election Counting and Reporting Software (ECRS) System. ECRS system is a software system, which is essentially distributed in nature designed to prepare reports to district administrators about the election counting process and to generate other miscellaneous statutory reports.Most of the distributed systems of the nature of ECRS normally will possess a "fragile architecture" which would make them amenable to collapse, with the occurrence of minor faults. This is resolved with the help of the penta-tier architecture proposed, that contained five different technologies at different tiers of the architecture.The results of experiment conducted and its analysis show that such an architecture would help to maintain different components of the software intact in an impermeable manner from any internal or external faults. The architecture thus evolved needed a mechanism to support information processing and discovery. This necessitated the introduction of the noveI concept of infotrons. Further, when a computing machine has to perform any meaningful extraction of information, it is guided by what is termed an infotron dictionary.The other empirical study was to find out which of the two prominent markup languages namely HTML and XML, is best suited for the incorporation of infotrons. A comparative study of 200 documents in HTML and XML was undertaken. The result was in favor ofXML.The concept of infotron and that of infotron dictionary, which were developed, was applied to implement an Information Discovery System (IDS). IDS is essentially, a system, that starts with the infotron(s) supplied as clue(s), and results in brewing the information required to satisfy the need of the information discoverer by utilizing the documents available at its disposal (as information space). The various components of the system and their interaction follows the penta-tier architectural model and therefore can be considered fault-tolerant. IDS is generic in nature and therefore the characteristics and the specifications were drawn up accordingly. Many subsystems interacted with multiple infotron dictionaries that were maintained in the system.In order to demonstrate the working of the IDS and to discover the information without modification of a typical Library Information System (LIS), an Information Discovery in Library Information System (lDLIS) application was developed. IDLIS is essentially a wrapper for the LIS, which maintains all the databases of the library. The purpose was to demonstrate that the functionality of a legacy system could be enhanced with the augmentation of IDS leading to information discovery service. IDLIS demonstrates IDS in action. IDLIS proves that any legacy system could be augmented with IDS effectively to provide the additional functionality of information discovery service.Possible applications of IDS and scope for further research in the field are covered.

Re-engineering and Re-defining University Libraries in the context of modern Information and Communication Technologies: a study with special reference to the University Libraries in Kerala

Information and communication technologies are the tools that underpin the emerging “Knowledge Society”. Exchange of information or knowledge between people and through networks of people has always taken place. But the ICT has radically changed the magnitude of this exchange, and thus factors such as timeliness of information and information dissemination patterns have become more important than ever.Since information and knowledge are so vital for the all round human development, libraries and institutions that manage these resources are indeed invaluable. So, the Library and Information Centres have a key role in the acquisition, processing, preservation and dissemination of information and knowledge. ln the modern context, library is providing service based on different types of documents such as manuscripts, printed, digital, etc. At the same time, acquisition, access, process, service etc. of these resources have become complicated now than ever before. The lCT made instrumental to extend libraries beyond the physical walls of a building and providing assistance in navigating and analyzing tremendous amounts of knowledge with a variety of digital tools. Thus, modern libraries are increasingly being re-defined as places to get unrestricted access to information in many formats and from many sources.The research was conducted in the university libraries in Kerala State, India. lt was identified that even though the information resources are flooding world over and several technologies have emerged to manage the situation for providing effective services to its clientele, most of the university libraries in Kerala were unable to exploit these technologies at maximum level. Though the libraries have automated many of their functions, wide gap prevails between the possible services and provided services. There are many good examples world over in the application of lCTs in libraries for the maximization of services and many such libraries have adopted the principles of reengineering and re-defining as a management strategy. Hence this study was targeted to look into how effectively adopted the modern lCTs in our libraries for maximizing the efficiency of operations and services and whether the principles of re-engineering and- redefining can be applied towards this.Data‘ was collected from library users, viz; student as well as faculty users; library ,professionals and university librarians, using structured questionnaires. This has been .supplemented by-observation of working of the libraries, discussions and interviews with the different types of users and staff, review of literature, etc. Personal observation of the organization set up, management practices, functions, facilities, resources, utilization of information resources and facilities by the users, etc. of the university libraries in Kerala have been made. Statistical techniques like percentage, mean, weighted mean, standard deviation, correlation, trend analysis, etc. have been used to analyse data.All the libraries could exploit only a very few possibilities of modern lCTs and hence they could not achieve effective Universal Bibliographic Control and desired efficiency and effectiveness in services. Because of this, the users as well as professionals are dissatisfied. Functional effectiveness in acquisition, access and process of information resources in various formats, development and maintenance of OPAC and WebOPAC, digital document delivery to remote users, Web based clearing of library counter services and resources, development of full-text databases, digital libraries and institutional repositories, consortia based operations for e-journals and databases, user education and information literacy, professional development with stress on lCTs, network administration and website maintenance, marketing of information, etc. are major areas need special attention to improve the situation. Finance, knowledge level on ICTs among library staff, professional dynamism and leadership, vision and support of the administrators and policy makers, prevailing educational set up and social environment in the state, etc. are some of the major hurdles in reaping the maximum possibilities of lCTs by the university libraries in Kerala. The principles of Business Process Re-engineering are found suitable to effectively apply to re-structure and redefine the operations and service system of the libraries. Most of the conventional departments or divisions prevailing in the university libraries were functioning as watertight compartments and their existing management system was more rigid to adopt the principles of change management. Hence, a thorough re-structuring of the divisions was indicated. Consortia based activities and pooling and sharing of information resources was advocated to meet the varied needs of the users in the main campuses and off campuses of the universities, affiliated colleges and remote stations. A uniform staff policy similar to that prevailing in CSIR, DRDO, ISRO, etc. has been proposed by the study not only in the university libraries in kerala but for the entire country.Restructuring of Lis education,integrated and Planned development of school,college,research and public library systems,etc.were also justified for reaping maximum benefits of the modern ICTs.

Performance analysis of FIR digital filter design: RNS versus traditional

Residue Number System (RNS) based Finite Impulse Response (FIR) digital filters and traditional FIR filters. This research is motivated by the importance of an efficient filter implementation for digital signal processing. The comparison is done in terms of speed and area requirement for various filter specifications. RNS based FIR filters operate more than three times faster and consumes only about 60% of the area than traditional filter when number of filter taps is more than 32. The area for RNS filter is increasing at a lesser rate than that for traditional resulting in lower power consumption. RNS is a nonweighted number system without carry propogation between different residue digits.This enables simultaneous parallel processing on all the digits resulting in high speed addition and multiplication in the RNS domain

Information Dynamics and Knowledge Management in Science & Technology

This paper describes the current information dynamics and its effect in higher education and research in science and technology. Open access movement ,Institutional repositories ,Digital libraries,Knowledge gateways,Blogs,Wikis,and social bookmark tools have rapidly emerged on the web creating a new scenerio that radically changes the knowledge production process such as the creation of information,formats and sources of information,coding and processing ,accessing managing sharing and dissemination of information.The management of knowledge created by academia of Cochin University Of Science And Technology is examined in this challenging context of information dynamics.

Measuring the Maturity of Open Source Software for Digital Libraries: a Case Study of DSpace

The assessment of maturity of software is an important area in the general software sector. The field of OSS also applies various models to measure software maturity. However, measuring maturity of OSS being used for several applications in libraries is an area left with no research so far. This study has attempted to fill the research gap. Measuring maturity of software contributes knowledge on its sustainability over the long term. Maturity of software is one of the factors that positively influence adoption. The investigator measured the maturity of DSpace software using Woods and Guliani‟s Open Source Maturity Model-2005. The present study is significant as it addresses the aspects of maturity of OSS for libraries and fills the research gap on the area. In this sense the study opens new avenues to the field of library and information science by providing an additional tool for librarians in the selection and adoption of OSS. Measuring maturity brings in-depth knowledge on an OSS which will contribute towards the perceived usefulness and perceived ease of use as explained in the Technology Acceptance Model theory.

Digital image analysis as a tool to estimate legume contributions in legume-grass swards

Summary: Productivity and forage quality of legume-grass swards are important factors for successful arable farming in both organic and conventional farming systems. For these objectives the botanical composition of the swards is of particular importance, especially, the content of legumes due to their ability to fix airborne nitrogen. As it can vary considerably within a field, a non-destructive detection method while doing other tasks would facilitate a more targeted sward management and could predict the nitrogen supply of the soil for the subsequent crop. This study was undertaken to explore the potential of digital image analysis (DIA) for a non destructive prediction of legume dry matter (DM) contribution of legume-grass mixtures. For this purpose an experiment was conducted in a greenhouse, comprising a sample size of 64 experimental swards such as pure swards of red clover (Trifolium pratense L.), white clover (Trifolium repens L.) and lucerne (Medicago sativa L.) as well as binary mixtures of each legume with perennial ryegrass (Lolium perenne L.). Growth stages ranged from tillering to heading and the proportion of legumes from 0 to 80 %. Based on digital sward images three steps were considered in order to estimate the legume contribution (% of DM): i) The development of a digital image analysis (DIA) procedure in order to estimate legume coverage (% of area). ii) The description of the relationship between legume coverage (% area) and legume contribution (% of DM) derived from digital analysis of legume coverage related to the green area in a digital image. iii) The estimation of the legume DM contribution with the findings of i) and ii). i) In order to evaluate the most suitable approach for the estimation of legume coverage by means of DIA different tools were tested. Morphological operators such as erode and dilate support the differentiation of objects of different shape by shrinking and dilating objects (Soille, 1999). When applied to digital images of legume-grass mixtures thin grass leaves were removed whereas rounder clover leaves were left. After this process legume leaves were identified by threshold segmentation. The segmentation of greyscale images turned out to be not applicable since the segmentation between legumes and bare soil failed. The advanced procedure comprising morphological operators and HSL colour information could determine bare soil areas in young and open swards very accurately. Also legume specific HSL thresholds allowed for precise estimations of legume coverage across a wide range from 11.8 - 72.4 %. Based on this legume specific DIA procedure estimated legume coverage showed good correlations with the measured values across the whole range of sward ages (R2 0.96, SE 4.7 %). A wide range of form parameters (i.e. size, breadth, rectangularity, and circularity of areas) was tested across all sward types, but none did improve prediction accuracy of legume coverage significantly. ii) Using measured reference data of legume coverage and contribution, in a first approach a common relationship based on all three legumes and sward ages of 35, 49 and 63 days was found with R2 0.90. This relationship was improved by a legume-specific approach of only 49- and 63-d old swards (R2 0.94, 0.96 and 0.97 for red clover, white clover, and lucerne, respectively) since differing structural attributes of the legume species influence the relationship between these two parameters. In a second approach biomass was included in the model in order to allow for different structures of swards of different ages. Hence, a model was developed, providing a close look on the relationship between legume coverage in binary legume-ryegrass communities and the legume contribution: At the same level of legume coverage, legume contribution decreased with increased total biomass. This phenomenon may be caused by more non-leguminous biomass covered by legume leaves at high levels of total biomass. Additionally, values of legume contribution and coverage were transformed to the logit-scale in order to avoid problems with heteroscedasticity and negative predictions. The resulting relationships between the measured legume contribution and the calculated legume contribution indicated a high model accuracy for all legume species (R2 0.93, 0.97, 0.98 with SE 4.81, 3.22, 3.07 % of DM for red clover, white clover, and lucerne swards, respectively). The validation of the model by using digital images collected over field grown swards with biomass ranges considering the scope of the model shows, that the model is able to predict legume contribution for most common legume-grass swards (Frame, 1992; Ledgard and Steele, 1992; Loges, 1998). iii) An advanced procedure for the determination of legume DM contribution by DIA is suggested, which comprises the inclusion of morphological operators and HSL colour information in the analysis of images and which applies an advanced function to predict legume DM contribution from legume coverage by considering total sward biomass. Low residuals between measured and calculated values of legume dry matter contribution were found for the separate legume species (R2 0.90, 0.94, 0.93 with SE 5.89, 4.31, 5.52 % of DM for red clover, white clover, and lucerne swards, respectively). The introduced DIA procedure provides a rapid and precise estimation of legume DM contribution for different legume species across a wide range of sward ages. Further research is needed in order to adapt the procedure to field scale, dealing with differing light effects and potentially higher swards. The integration of total biomass into the model for determining legume contribution does not necessarily reduce its applicability in practice as a combined estimation of total biomass and legume coverage by field spectroscopy (Biewer et al. 2009) and DIA, respectively, may allow for an accurate prediction of the legume contribution in legume-grass mixtures.

Extracting Urban Food Potential: design-based methods for digital and bodily cartography

Sweden’s recent report on Urban Sustainable Development calls out a missing link between the urban design process and citizens. This paper investigates if engaging citizens as design agents by providing a platform for alternate participation can bridge this gap, through the transfer of spatial agency and new modes of critical cartography. To assess whether this is the case, the approaches are applied to Stockholm’s urban agriculture movement in a staged intervention. The aim of the intervention was to engage citizens in locating existing and potential places for growing food and in gathering information from these sites to inform design in urban agriculture. The design-based methodologies incorporated digital and bodily interfaces for this cartography to take place. The Urban CoMapper, a smartphone digital app, captured real-time perspectives through crowd-sourced mapping. In the bodily cartography, participant’s used their bodies to trace the site and reveal their sensorial perceptions. The data gathered from these approaches gave way to a mode of artistic research for exploring urban agriculture, along with inviting artists to be engaged in the dialogues. In sum, results showed that a combination of digital and bodily approaches was necessary for a critical cartography if we want to engage citizens holistically into the urban design process as spatial agents informing urban policy. Such methodologies formed a reflective interrogation and encouraged a new intimacy with nature, in this instance, one that can transform our urban conduct by questioning our eating habits: where we get our food from and how we eat it seasonally.

Assembly Guidance in Augmented Reality Environments Using a Virtual Interactive Tool

The application of augmented reality (AR) technology for assembly guidance is a novel approach in the traditional manufacturing domain. In this paper, we propose an AR approach for assembly guidance using a virtual interactive tool that is intuitive and easy to use. The virtual interactive tool, termed the Virtual Interaction Panel (VirIP), involves two tasks: the design of the VirIPs and the real-time tracking of an interaction pen using a Restricted Coulomb Energy (RCE) neural network. The VirIP includes virtual buttons, which have meaningful assembly information that can be activated by an interaction pen during the assembly process. A visual assembly tree structure (VATS) is used for information management and assembly instructions retrieval in this AR environment. VATS is a hierarchical tree structure that can be easily maintained via a visual interface. This paper describes a typical scenario for assembly guidance using VirIP and VATS. The main characteristic of the proposed AR system is the intuitive way in which an assembly operator can easily step through a pre-defined assembly plan/sequence without the need of any sensor schemes or markers attached on the assembly components.

LiDAR data filtering with GRASS GIS for the determination of digital terrain models

In the last years, the use of every type of Digital Elevation Models has iimproved. The LiDAR (Light Detection and Ranging) technology, based on the scansion of the territory b airborne laser telemeters, allows the construction of digital Surface Models (DSM), in an easy way by a simple data interpolation