GERMANY: Creating New Property Rights on the Basis of General Legal Concepts - Without Limits?

In two cases recently decided by two different senates of the German Federal Supreme Court (Bundesgerichtshof, BGH), the following issue was raised: To what extent can the filming of sports events organized by someone else, on the one hand, and the photographing of someone else’s physical property, on the other hand, be legally controlled by the organizer of the sports event and the owner of the property respectively? In its “Hartplatzhelden.de” decision, the first senate of the Federal Supreme Court concluded that the act of filming sports events does not constitute an act of unfair competition as such, and hence is allowed even without the consent of the organizer of the sports event in question. However, the fifth senate, in its “Prussian gardens and parks” decision, held that photographing someone else’s property is subject to the consent of the owner of the grounds, provided the photographs are taken from a spot situated on the owner’s property. In spite of their different outcomes, the two cases do not necessarily contradict each other. Rather, read together, they may well lead to an unwanted – and unjustified – extension of exclusive protection, thus creating a new “organizer’s” IP right.

Differences between recent and historical records of upperspecies limits in the northern European Alps

Are there differences in historical and recent upper range limits of vascular plants and are such differences more pronounced in individual species groups? The limits of 1103 plants of the Northern Alps are compared to range limits in the mid-19th century. The comparison is based on two surveys. The first survey was conducted by Otto Sendtner in 1848–1853, the second in 1991–2008 during a habitat inventory. To our knowledge this is the first comparative studies reaching back to the end of the “Little Ice Age” and comprising an almost entire regional flora covering the complete range of habitats. During the recent survey, most species were found at higher elevations. Even though the differences fit well with the expected shifts due to climate warming we cannot exclude effects of sampling bias. However, we assume that the relative differences between species groups can be safely interpreted. The differences in upper limits between both surveys were significantly larger among forest species. The most important reason is probably discontinued pasture and mowing, which may have amplified possible warming effects. Nitrogen deposits may have contributed to this effect by placing competitive species in a more advantageous position.

Nuclear and plastid markers reveal the persistence of genetic identity: A new perspective on the evolutionary history of Petunia exserta

Recently divergent species that can hybridize are ideal models for investigating the genetic exchanges that can occur while preserving the species boundaries. Petunia exserta is an endemic species from a very limited and specific area that grows exclusively in rocky shelters. These shaded spots are an inhospitable habitat for all other Petunia species, including the closely related and widely distributed species P. axillaris. Individuals with intermediate morphologic characteristics have been found near the rocky shelters and were believed to be putative hybrids between P. exserta and P. axillaris, suggesting a situation where Petunia exserta is losing its genetic identity. In the current study, we analyzed the plastid intergenic spacers trnS/trnG and trnH/psbA and six nuclear CAPS markers in a large sampling design of both species to understand the evolutionary process occurring in this biological system. Bayesian clustering methods, cpDNA haplotype networks, genetic diversity statistics, and coalescence-based analyses support a scenario where hybridization occurs while two genetic clusters corresponding to two species are maintained. Our results reinforce the importance of coupling differentially inherited markers with an extensive geographic sample to assess the evolutionary dynamics of recently diverged species that can hybridize. (C) 2013 Elsevier Inc. All rights reserved.

Identity, Philosophy, and the Problem of Armenian History in the Sixth Century

History and Identity in the Late Antique Near East gathers together the work of distinguished historians and early career scholars with a broad range of expertise to investigate the significance of newly emerged, or recently resurrected, ethnic identities on the borders of the eastern Mediterranean world. It focuses on the "long late antiquity" from the eve of the Arab conquest of the Roman East to the formation of the Abbasid caliphate. The first half of the book offers papers on the Christian Orient on the cusp of the Islamic invasions. These papers discuss how Christians negotiated the end of Roman power, whether in the selective use of the patristic past to create confessional divisions or the emphasis of the shared philosophical legacy of the Greco-Roman world. The second half of the book considers Muslim attempts to negotiate the pasts of the conquered lands of the Near East, where the Christian histories of Hira or Egypt were used to create distinctive regional identities for Arab settlers. Like the first half, this section investigates the redeployment of a shared history, this time the historical imagination of the Qu'ran and the era of the first caliphs. All the papers in the volume bring together studies of the invention of the past across traditional divides between disciplines, placing the re-assessment of the past as a central feature of the long late antiquity. As a whole, History and Identity in the Late Antique Near East represents a distinctive contribution to recent writing on late antiquity, due to its cultural breadth, its interdisciplinary focus, and its novel definition of late antiquity itself.

Herbivore identity mediates the strength of trophic cascades on individual plants

The strength of top-down indirect effects of carnivores on plants (trophic cascades) varies greatly and may depend on the identity of the intermediate (herbivore) species. If the effect strength is linked to functional traits of the herbivores then this would allow for more general predictions. Due to the generally sub-lethal effects of herbivory in terrestrial systems, trophic cascades manifest themselves in the first instance in the fitness of individual plants, affecting both their numerical and genetic contributions to the population. We directly compare the indirect predator effects on growth and reproductive output of individual Vicia faba plants mediated by the presence of two aphid species: Acyrtosiphon pisum is characterised by a boom and bust strategy whereby colonies grow fast and overexploit their host plant individual while Megoura viciae appear to follow a more prudent strategy that avoids over-exploitation and death of the host plant.Plants in the field were infested with A. pisum, M. viciae or both and half the plants were protected from predators. Exposure to predators had a strong impact on the biomass of individual plants and the strength of this effect differed significantly between the different herbivore treatments.A. pisum had a greater direct impact on plants and this was coupled with a significantly stronger indirect predator effect on plant biomass.Although the direct impact of predators was strongest on M. viciae, this was not transmitted to the plant level, indicating that the predator-prey interactions strength is not as important as the plant-herbivore link for the magnitude of the indirect predator impact. At the individual plant level, the indirect predator effect was purely due to consumptive effects on herbivore densities with no evidence for increased herbivore dispersal in response to presence of predators. The nature of plant-herbivore interactions is the key to terrestrial trophic cascade strength. The two herbivores that we compared were similar in feeding mode and body size but differed their way how they exploit host plants, which was the important trait explaining the strength of the trophic cascade.

The ethnolinguistic identity of the domesticators of Asian rice

Linguistic palaeontology permits the identification of two language families whose linguistic ancestors pose the likeliest candidates for the original domesticators of rice, viz. Hmong-Mien and Austroasiatic. In the 2009 model, the ancient Hmong-Mien was identified as the primary domesticators of Asian rice, and the ancient Austroasiatics as the secondary domesticators. Recent rice genetic research leads to the modification of this model for rice domestication, but falls short of identifying the original locus of rice domestication. At the same time, the precise whereabouts of the Austroasiatic homeland remains disputed. Linguistic evidence unrelated to rice agriculture has been adduced to support a southern homeland for Austroasiatic somewhere within the Bay of Bengal littoral. The implications of new rice genetic research are discussed, the linguistic palaeontological evidence is reassessed, and an enduring problem with the archaeology of rice agriculture is highlighted.