Diverse Readings of the Court of Justice Judgments on Copyright Work

EU law’s impact on the meaning of the copyright work for a long time seemed limited to software and databases. But recent judgments of the CJEU (Infopaq, BSA, FootballAssociation [Murphy], Painer) suggest we have entered an era of harmonization of copyright subject-matter, after decades of focus on the scope of exclusive rights and their duration. Unlike before however, it is the Court and not the legislator that takes centre stage in shaping pivotal concepts. This article reviews the different readings and criticisms the recent case law on copyright works evokes in legal doctrine across the EU. It puts them in the wider perspective of the on-goingdevelopment towards uniform law and the role of the preliminary reference procedure in that process.

Polarity correspondence in comparative number magnitude judgments

When asked which of two digits is greater, participants respond more quickly if physical size corresponds to number magnitude, such as in 3 7, than when the two attributes contradict each other, such as in 3 7. This size congruence effect in comparative number judgments is a well-documented phenomenon. We extended existing findings by showing that this effect does not depend on physical size of the number alone but can be observed with number symmetry. In addition, we observed that symmetric numbers are judged as being smaller than asymmetric numbers, which renders an interpretation of the number symmetry congruence effect in terms of physical size implausible. We refer to the polarity correspondence principle (Proctor & Cho, 2006) to explain the present findings.

Judgments of duration, figure-ground contrast, and size for words and nonwords

Does the word-superiority effect on letter discrimination result in a word-superiority effect on duration judgments? We examined this question in five experiments. In the first four experiments, we have demonstrated that (1) words shown for 32-80 msec were judged as presented longer than non-words shown for the same duration; (2) this word-superiority effect persists if the stimuli are shown for an objective duration of up to 250 msec; and (3) these effects can be extended to judgments of figure-ground contrast and letter size. These findings extend existing data on effects of processing fluency on perceptual judgments. In Experiment 5, we found that duration judgments were higher for words than for pronounceable nonwords, and duration judgments were higher for pronounceable non-words than for nonpronounceable nonwords. We discuss the implications of this finding for the discrepancy-attribution hypothesis.

The impact of social roles on trait judgments: a critical reexamination

Consistent with social role theory's assumption that the role behavior of men and women shapes gender stereotypes, earlier experiments have found that men's and women's occupancy of the same role eliminated gender-stereotypical judgments of greater agency and lower communion in men than women. The shifting standards model raises the question of whether a shift to within-sex standards in judgments of men and women in roles could have masked underlying gender stereotypes. To examine this possibility, two experiments obtained judgments of men and women using measures that do or do not restrain shifts to within-sex standards. This measure variation did not affect the social role pattern of smaller perceived sex differences in the presence of role information. These findings thus support the social role theory claim that designations of identical roles for subgroups of men and women eliminate or reduce perceived sex differences.

Children's and adolescents' moral emotion attributions and judgments about exclusion of peers with hearing impairments

Children and adolescents with hearing impairments are at risk of being excluded from activities with hearing peers. Moral emotion attributions may represent important indicators for children’s identification with the moral norm not to exclude peers based on disability. Against this background, we investigated how 10-, 12- and 15-year-olds (N = 215) feel and judge about social exclusion of peers with hearing impairments. Emotion attributions and moral judgements were assessed using four different hypothetical scenarios about the exclusion of peers with hearing impairments (school vs. leisure time, group vs. dyad). Moreover, children’s and adolescents’ inclusive behaviour was assessed by a peer nomination procedure. Results revealed that moral emotion attributions differed as a function of exclusion context and grade. Moreover, participants with inclusive behaviour attributed moral emotions more often than participants with less inclusive behaviour. Implications of the results for moral education are discussed.

Effects of meaning and symmetry on judgments of size

Research has shown that people judge words as having bigger font size than non-words. This finding has been interpreted in terms of processing fluency, with higher fluency leading to judgments of bigger size. If so, symmetric numbers (e.g., 44) which can be processed more fluently are predicted to be judged as larger than asymmetric numbers (e.g., 43). However, recent research found that symmetric numbers were judged to be smaller than asymmetric numbers. This finding suggests that the mechanisms underlying size judgments may differ in meaningful and meaningless materials. Supporting this notion, we showed in Experiment 1 that meaning increased judged size, whereas symmetry decreased judged size. In the next two experiments, we excluded several alternative explanations for the differences in size judgments between meaningful and meaningless materials in earlier studies. This finding contradicts the notion that the mechanism underlying judgments of size is processing fluency.

Salience and Asymmetric Judgments of Physical Distance

Previous research has shown that distance estimates made from memory are often asymmetric. Specifically, when A is a prominent location (a land-mark) and B is not, people tend to recall a longer distance from A to B than from B to A. Results of two experiments showed that asymmetric judgments of distance are not restricted to judgments made from memory but occur also for judgments made when all relevant visual cues are still present. Furthermore, results indicated that situational salience is sufficient to produce asymmetric judgments and that distinctiveness (such as in the case of architectural landmarks) is not necessary.

Hindsight bias in gustatory judgments

Being in hindsight, people tend to overestimate what they had known in foresight. This phenomenon has been studied for a wide variety of knowledge domains (e.g., episodes with uncertain outcomes, or solutions to almanac questions). As a result of these studies, hindsight bias turned out to be a robust phenomenon. In this paper, we present two experiments that successfully extended the domain of hindsight bias to gustatory judgments. Participants tasted different food items and were asked to estimate the quantity of a certain ingredient, for example, the residual sugar in a white wine. Judgments in both experiments were systematically biased towards previously presented low or high values that were labeled as the true quantities. Thus, hindsight bias can be considered a phenomenon that extends well beyond the judgment domains studied so far.