Soil Erosion and Conservation in Global Agriculture

About one-sixth of the world’s land area, that is, about one-third of the land used for agriculture, has been affected by soil degradation in the historic past. While most of this damage was caused by water and wind erosion, other forms of soil degradation are induced by biological, chemical, and physical processes. Since the 1950s, pressure on agricultural land has increased considerably owing to population growth and agricultural modernization. Small-scale farming is the largest occupation in the world, involving over 2.5 billion people, over 70% of whom live below the poverty line. Soil erosion, along with other environmental threats, particularly affects these farmers by diminishing yields that are primarily used for subsistence. Soil and water conservation measures have been developed and applied on many farms. Local and science-based innovations are available for most agroecological conditions and land management and farming types. Principles and measures developed for small-scale as well as modern agricultural systems have begun to show positive impacts in most regions of the world, particularly in wealthier states and modern systems. Much more emphasis still needs to be given to small-scale farming, which requires external support for investment in sustainable land management technologies as an indispensable and integral component of farm activities.

Copyright Exhaustion Rationales and Used Software: A Law and Economics Approach to Oracle v. UsedSoft

This article aims to provide courts and policymakers with an analytical framework that, building upon the traditional rationales of IP exhaustion doctrine, identifies factors which advocate for a modulation or flexibilization of the role of exhaustion in copyright law. Factors include (i) the personal features of acquirers of copies of copyrighted works, distinguishing between consumers and commercial users; (ii) whether post-sale restrictions have been adequately communicated to acquirers and have been agreed in the contract or license; (iii) the degree of complexity of the acquired goods and their prospects of productive uses and interoperability; (iv) the role of other exclusive rights in providing rightholders with indirect control over uses of the copies in the aftermarket; (v) the impact of post-sale restraints in preventing opportunism in long-term contracts and in reducing deadweight losses created by IP pricing; and (vi) the temporal scope of post-sale restraints. After setting out this analytical framework, the ECJ Judgement in Oracle v. UsedSoft is discussed.