Water rights for variable supplies

The relative merits of different systems of property rights to allocate water among different extractive uses are evaluated for the case where variability of supply is important. Three systems of property rights are considered. In the first, variable supply is dealt with through the use of water entitlements defined as shares of the total quantity available. In the second, there are two types of water entitlements, one for water with a high security of supply and the other a lower security right for the residual supply. The third is a system of entitlements specified as state-contingent claims. With zero transaction costs, all systems are efficient. In the realistic situation where transaction costs matter, the system based on state-contingent claims is globally optimal, and the system with high-security and lower security entitlements is preferable to the system with share entitlements.

“I didn’t mean to steal someone else’s words!”:a forensic linguistic approach to detecting intentional plagiarism

The concept of plagiarism is not uncommonly associated with the concept of intellectual property, both for historical and legal reasons: the approach to the ownership of ‘moral’, nonmaterial goods has evolved to the right to individual property, and consequently a need was raised to establish a legal framework to cope with the infringement of those rights. The solution to plagiarism therefore falls most often under two categories: ethical and legal. On the ethical side, education and intercultural studies have addressed plagiarism critically, not only as a means to improve academic ethics policies (PlagiarismAdvice.org, 2008), but mainly to demonstrate that if anything the concept of plagiarism is far from being universal (Howard & Robillard, 2008). Even if differently, Howard (1995) and Scollon (1994, 1995) argued, and Angèlil-Carter (2000) and Pecorari (2008) later emphasised that the concept of plagiarism cannot be studied on the grounds that one definition is clearly understandable by everyone. Scollon (1994, 1995), for example, claimed that authorship attribution is particularly a problem in non-native writing in English, and so did Pecorari (2008) in her comprehensive analysis of academic plagiarism. If among higher education students plagiarism is often a problem of literacy, with prior, conflicting social discourses that may interfere with academic discourse, as Angèlil-Carter (2000) demonstrates, we then have to aver that a distinction should be made between intentional and inadvertent plagiarism: plagiarism should be prosecuted when intentional, but if it is part of the learning process and results from the plagiarist’s unfamiliarity with the text or topic it should be considered ‘positive plagiarism’ (Howard, 1995: 796) and hence not an offense. Determining the intention behind the instances of plagiarism therefore determines the nature of the disciplinary action adopted. Unfortunately, in order to demonstrate the intention to deceive and charge students with accusations of plagiarism, teachers necessarily have to position themselves as ‘plagiarism police’, although it has been argued otherwise (Robillard, 2008). Practice demonstrates that in their daily activities teachers will find themselves being required a command of investigative skills and tools that they most often lack. We thus claim that the ‘intention to deceive’ cannot inevitably be dissociated from plagiarism as a legal issue, even if Garner (2009) asserts that generally plagiarism is immoral but not illegal, and Goldstein (2003) makes the same severance. However, these claims, and the claim that only cases of copyright infringement tend to go to court, have recently been challenged, mainly by forensic linguists, who have been actively involved in cases of plagiarism. Turell (2008), for instance, demonstrated that plagiarism is often connoted with an illegal appropriation of ideas. Previously, she (Turell, 2004) had demonstrated by comparison of four translations of Shakespeare’s Julius Caesar to Spanish that the use of linguistic evidence is able to demonstrate instances of plagiarism. This challenge is also reinforced by practice in international organisations, such as the IEEE, to whom plagiarism potentially has ‘severe ethical and legal consequences’ (IEEE, 2006: 57). What plagiarism definitions used by publishers and organisations have in common – and which the academia usually lacks – is their focus on the legal nature. We speculate that this is due to the relation they intentionally establish with copyright laws, whereas in education the focus tends to shift from the legal to the ethical aspects. However, the number of plagiarism cases taken to court is very small, and jurisprudence is still being developed on the topic. In countries within the Civil Law tradition, Turell (2008) claims, (forensic) linguists are seldom called upon as expert witnesses in cases of plagiarism, either because plagiarists are rarely taken to court or because there is little tradition of accepting linguistic evidence. In spite of the investigative and evidential potential of forensic linguistics to demonstrate the plagiarist’s intention or otherwise, this potential is restricted by the ability to identify a text as being suspect of plagiarism. In an era with such a massive textual production, ‘policing’ plagiarism thus becomes an extraordinarily difficult task without the assistance of plagiarism detection systems. Although plagiarism detection has attracted the attention of computer engineers and software developers for years, a lot of research is still needed. Given the investigative nature of academic plagiarism, plagiarism detection has of necessity to consider not only concepts of education and computational linguistics, but also forensic linguistics. Especially, if intended to counter claims of being a ‘simplistic response’ (Robillard & Howard, 2008). In this paper, we use a corpus of essays written by university students who were accused of plagiarism, to demonstrate that a forensic linguistic analysis of improper paraphrasing in suspect texts has the potential to identify and provide evidence of intention. A linguistic analysis of the corpus texts shows that the plagiarist acts on the paradigmatic axis to replace relevant lexical items with a related word from the same semantic field, i.e. a synonym, a subordinate, a superordinate, etc. In other words, relevant lexical items were replaced with related, but not identical, ones. Additionally, the analysis demonstrates that the word order is often changed intentionally to disguise the borrowing. On the other hand, the linguistic analysis of linking and explanatory verbs (i.e. referencing verbs) and prepositions shows that these have the potential to discriminate instances of ‘patchwriting’ and instances of plagiarism. This research demonstrates that the referencing verbs are borrowed from the original in an attempt to construct the new text cohesively when the plagiarism is inadvertent, and that the plagiarist has made an effort to prevent the reader from identifying the text as plagiarism, when it is intentional. In some of these cases, the referencing elements prove being able to identify direct quotations and thus ‘betray’ and denounce plagiarism. Finally, we demonstrate that a forensic linguistic analysis of these verbs is critical to allow detection software to identify them as proper paraphrasing and not – mistakenly and simplistically – as plagiarism.

Digital Right Management (DRM) and Library Copyright Policy

The purpose of this paper is to introduce Digital Rights Management (DRM) and its implications for content producers, consumers, and libraries. Simply stated, DRM is a technology that allows copyright owners to regulate and manage their content when it is disseminated in a digital format, and it is the reason why some patrons cannot access some of the downloadable digital content provided by libraries. In the first part of this paper, we provide a short introduction to DRM by outlining the entities, the various technologies used as well as usage restrictions that come with DRM. In the second part of the paper are discussed the alternatives for the libraries, using DRM as a tool for library copyright policy and the main documents, which present the position of library organizations towards information legislation.

Os limites constitucionais ao exercício de direito de patente e seus reflexos na indústria do petróleo, gás natural e biocombustíveis

This dissertation deals with the constitutional limits on the exercise of patent rights and its effects on the oil, natural gas and biofuels. Held with the support of ANP / PETROBRAS, It seeks to show how the law will limit the exercise of industrial property, based on a reinterpretation of private law by the constitutional development perspective . Today it is a fact that Petrobras, a Brazilian joint venture, has the latest technology in various sectors of the oil industry, and is one of the highest investments in developing new technologies. The overall objective of this thesis is to establish the relationship between the public interest of the Petroleum Industry, Natural Gas and Biofuels and constitutional limits to the free exercise of patent rights, then confirm or refute our hypothesis that Article 71 on Industrial Property Law is contrary to the existing objectives in Article 3 of the Constitution of the Federative Republic of Brazil. The research aims to examine the relevant aspects of the legal nature attributed to IPGN constitutionally confronting the constitutional limits on the free exercise of patent rights, with the purpose to outline the state of the performance limits in the regulation of the economy, in particular the application of feasibility limitations on the right of property in favor of national interest on the strategic energy industry. The aim is to confront the fundamental rights to property and economic development, against the public interest, limiting these first. As to the objectives, the research will be theoretical and descriptive and harvest of industrial property, respect the possible impact of regulatory standards and limiting the right of ownership in the oil industry. To establish how the state will mitigate the intellectual property right, we discuss, at first, a definition of public interest from the general theory of state and sovereign character in order to establish a new concept of national interest and popular interest, which will in turn the definition of our concept of public interest. In the second phase, will be addressed the issue of industrial property rights and how to will be free exercise thereof, in the constitutional sphere, infra, and demonstrating the use of industrial property rights with examples of market and IPGN . After situating the industrial property rights in the constitution and national legislation, establish their relationship with the national and regional development, will be addressed in this chapter in particular the patent law, as most usual form of intellectual property protection in IPGN. Used a study highlighting the number of patents in the area of the analyzed industry, demonstrating with hard data the importance of a sector for industrial development. The relationship between the social function of intellectual property and the constitutional objective of development was characterized to demonstrate the strategic nature of oil to Brazil in the national and international scene, and put into question the hypothesis of the research which provides that even with large investments the lack of legal certainty in the sector turns out not to have a considerable volume of investment as it could.

Governmentality gone wild: How the separation of sex workers from 'communities' contributes to violence against sex workers

Sex workers are members of our communities, whether they are local or national communities. In law, mainstream media representations, and research sex workers are positioned as outside of or in opposition to communities. Even within marginalized communities sex workers are excluded when appeals to respectability politics are made. In this thesis I analyze three analytic sites from three areas of social life. The first chapter performs a textual analysis of The Bedford Decision (2013) and the resulting Protection of Communities and Exploited Persons Act (2014) as an examination of law. The second chapter is an analysis of filmic discourse on community, sex workers, and violence in the mainstream film London Road (2015) as an examination of mainstream media. The third chapter draws upon empirical research, i.e. in-depth interviews with three current and former sex workers in Ottawa, Canada and analyzes the transcripts using interpretative phenomenological analysis (IPA) to center how sex workers’ understanding of their work, community, and the laws and policies that are supposed govern and protect them. In my preface and conclusion I discuss some of the ethical dilemmas I encountered while conducting this research. My findings suggest that sex workers are being positioned and understood as outside of communities in ways that contribute to violence against sex workers. The implications of this research suggest that people who speak in the name of communities—communities in the sense of local neighborhood communities, activist communities, and national communities—need to recognize that sex workers are part of their communities and be accountable to ensuring they are treated as members. Researchers who conduct research on sex work and sex workers need to be accountable to their participants and the impacts their research may have on laws and policies. Sex workers are an over-researched population yet their voices are largely misappropriated or silenced in popular research and policy debates.

UPTAKE OF THE PERIODIC HEALTH EXAM AMONG ADULTS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES FROM 2003 TO 2015

Background: Over the past decade, annual heath exams have been de-emphasized for the general population but emphasized for adults with intellectual and developmental disabilities (IDD). The purpose of this project was to determine if there has been an increase in the uptake of the health exam among adults with IDD in Ontario, to what extent, and the effect on the quality of preventive care provided. Methods: Using administrative health data, the proportion of adults (18-64 years old) with IDD who received a health exam (long appointment, general assessment, and “true” health exam), a high value on the primary care quality composite score (PCQS), and a health exam or high PCQS each year was compared to the proportion in a propensity score matched sample of the general population. Negative binomial and segmented negative binomial regression controlling for age and sex were used to determine the relative risk of having a health exam/high PCQS/health exam or PCQS over time. Results: Pre joinpoint, the long appointment and general assessment health exam definitions saw a decrease and the “true” health exam saw an increase in the likelihood of adults having a health exam. Post joinpoint, all health exam definitions saw a decrease in the likelihood of adults having a health exam. Pre joinpoint, all PCQS measures (high PCQS, long appointment or high PCQS, “true” health exam or high PCQS) saw an increase in the likelihood for adults to achieve a high PCQS or high PCQS/have a health exam. Post joinpoint, all PCQS measures saw a decrease in the likelihood for adults to achieve a high PCQS or high PCQS/have a health exam. Achieving a high PCQS was strongly associated with having a health exam regardless of health exam definition or IDD status. Conclusions: Despite the publication of guidelines, only a small proportion of adults with IDD are receiving health exams. This indicates that the publication of guidelines alone was not sufficient to change practice. More targeted measures, such as the implementation of an IDD-specific health exam fee code, should be considered to increase the uptake of the health exam among adults with IDD.

The Evolution and Reform of Summary Trials in Canadian Military Justice

There is a place where a Canadian citizen can be sent to 30 days detention, by someone who is not a judge, without being represented by counsel, and without having a meaningful right to appeal. It is the summary trial system of the Canadian Armed Forces. This thesis analyses that system and suggests reforms. It is aimed at those who have an interest in improving the administration of military justice at the unit level but want to sufficiently understand the issues before doing so. Through a classic legal approach with elements of legal history and comparative law, this study begins by setting military justice in the Canadian legal firmament. The introductory chapter also explains fundamental concepts, first and foremost the broader notion of discipline, for which summary trial is one of the last maintaining tools. Chapter II describes the current system. An overview of its historical background is first given. Then, each procedural step is demystified, from investigation until review. Chapter III identifies potential breaches of the Charter, highlighting those that put the system at greater constitutional risk: the lack of judicial independence, the absence of hearing transcript, the lack of legal representation and the disparity of treatment between ranks. Alternatives adopted in the Canadian Armed Forces and in foreign jurisdictions, from both common law and civil law traditions, in addressing similar challenges are reviewed in Chapter IV. Chapter V analyses whether the breaches could nevertheless be justified in a free and democratic society. Its conclusion is that, considering the availability of reasonable alternatives, it would be hard to convince a court that the current system is a legitimate impairment of the individual’s legal rights. The conclusion Chapter presents options to address current challenges. First, the approach of ‘depenalization’ taken by the Government in recent Bill C-71 is analysed and criticised. The ‘judicialization’ approach is advocated through a series of 16 recommendations designed not only to strengthen the constitutionality of the system but also to improve the administration of military justice in furtherance of service members’ legal rights.

La Ley de semillas en Argentina: la disputa por el control y el futuro de la agricultura

Desde la llegada de la revolución bioteconológica en la agricultura mundial, las corporaciones semilleras-agroquímicas han avanzado en el control del mercado internacional de alimentos, a partir de diversos mecanismos, entre ellos el de la legislación de derechos de propiedad intelectual. En América Latina, distintos gobiernos han procurado adecuar la legislación nacional a estas tendencias internacionales, con resultado dispar, ya que se ha generado una fuerte resistencia desde organizaciones populares. Argentina, un país de temprana inserción en el mercado internacional de alimentos y de rápida adopción de los derechos de obtentor, está atravesado hoy por una nueva fase de esta disputa, ante la posible sanción de una nueva Ley de Semillas, en la que empresa estadounidense Monsanto está involucrada. Este trabajo hace un repaso del panorama actual desde un punto de vista geográfico, prestando especial atención a las estrategias de las organizaciones que se oponen a la nueva legislación.

The European Commission’s public consultation on the review of EU copyright rules: a response by the CREATe centre

This article presents the response of the Centre for Copyright and New Business Models in the Creative Economy (CREATe) to the consultation on reform of the EU copyright regime. Reviews the format of the consultation, notes the common problems in reporting data in such a format, and reproduces the consultation questions to which CREATe responded, together with a summary of its conclusions on topics including: (1) terms of copyright protection; (2) libraries and archives; (3) persons with disabilities; (4) remuneration of authors; (5) user-generated content; (6) respect for rights; and (7) data mining.

La loi applicable aux transferts de biens virtuels

Thèse réalisée en cotutelle avec l'université Paris1-Sorbonne

Navigating a corpus of journal papers using Handles

For some years now the Internet and World Wide Web communities have envisaged moving to a next generation of Web technologies by promoting a globally unique, and persistent, identifier for identifying and locating many forms of published objects . These identifiers are called Universal Resource Names (URNs) and they hold out the prospect of being able to refer to an object by what it is (signified by its URN), rather than by where it is (the current URL technology). One early implementation of URN ideas is the Unicode-based Handle technology, developed at CNRI in Reston Virginia. The Digital Object Identifier (DOI) is a specific URN naming convention proposed just over 5 years ago and is now administered by the International DOI organisation, founded by a consortium of publishers and based in Washington DC. The DOI is being promoted for managing electronic content and for intellectual rights management of it, either using the published work itself, or, increasingly via metadata descriptors for the work in question. This paper describes the use of the CNRI handle parser to navigate a corpus of papers for the Electronic Publishing journal. These papers are in PDF format and based on our server in Nottingham. For each paper in the corpus a metadata descriptor is prepared for every citation appearing in the References section. The important factor is that the underlying handle is resolved locally in the first instance. In some cases (e.g. cross-citations within the corpus itself and links to known resources elsewhere) the handle can be handed over to CNRI for further resolution. This work shows the encouraging prospect of being able to use persistent URNs not only for intellectual property negotiations but also for search and discovery. In the test domain of this experiment every single resource, referred to within a given paper, can be resolved, at least to the level of metadata about the referred object. If the Web were to become more fully URN aware then a vast directed graph of linked resources could be accessed, via persistent names. Moreover, if these names delivered embedded metadata when resolved, the way would be open for a new generation of vastly more accurate and intelligent Web search engines.

CONCERNS REGARDING THE PROTECTION OF COPYRIGHT IN THE INTERNET

The advent of the World Network(Net) Internet and the use of the technology in the digital environment raised new challenges to the author's copyright. These worries were considered in the last international agreements, so that the warning is not true of those who postulate that the Internet is a " territory of nobody ", where the works are unprotected completely. To educate on the topic of the protection of the author's copyright and to provide with resources the instances(authorities) in charge of the observance of these rights looks like an ineluctable task.

La loi applicable aux transferts de biens virtuels

Thèse réalisée en cotutelle avec l'université Paris1-Sorbonne

Making the Men of Tomorrow: American Science Fiction and the Politics of Masculinity, 1965 – 1974

Suggesting that the political diversity of American science fiction during the 1960s and early 1970s constitutes a response to the dominance of social liberalism throughout the 1940s and 1950s, I argue in Making the Men of Tomorrow that the development of new hegemonic masculinities in science fiction is a consequence of political speculation. Focusing on four representative and influential texts from the 1960s and early 1970s, Philip K. Dick’s The Three Stigmata of Palmer Eldritch and Ubik, Robert A. Heinlein’s The Moon Is a Harsh Mistress, and Ursula K. Le Guin’s The Dispossessed, this thesis explores the relationship between different conceptions of hegemonic masculinity and three separate but related political ideologies: the social ethic, market libertarianism, and socialist libertarianism. In the first two chapters in which I discuss Dick’s novels, I argue that Dick interrogates organizational masculinity as part of a larger project that suggests the inevitable infeasibility of both the social ethic and its predecessor, social liberalism. In the next chapter, I shift my attention to Heinlein’s The Moon Is a Harsh Mistress as a way of showing how, unlike Dick, other authors of the 1960s and early 1970s sought to move beyond social liberalism by imagining how new political ideologies, in this case market libertarianism, might change the way men see themselves. Having demonstrated how the libertarian potential of Heinlein’s novel is ultimately undermined by its insistent and uncompromising biological determinism, I then discuss how Le Guin’s The Dispossessed uses the socialist libertarianism of the moon Anarres to suggest a more egalitarian form of masculinity, one that makes possible, to some extent at least, a future in which men might embrace not only the mutual aid of socialism, but also the primacy of individual rights that is at the heart of all forms of libertarianism and liberalism.