Contractual restrictions on lawful use of information: sole-source databases protected by the back door?

This article is concerned with the risks associated with the monopolisation of information that is available from a single source only. Although there is a longstanding consensus that sole-source databases should not receive protection under the EU Database Directive, and there are legislative provisions to ensure that lawful users have access to a database’s contents, Ryanair v PR Aviation challenges this assumption by affirming that the use of non-protected databases can be restricted by contract. Owners of non-protected databases can contractually exclude lawful users from taking the benefit of statutorily permitted uses, because such databases are not covered from the legislation that declares this kind of contract null and void. We argue that this judgment is not consistent with the legislative history and can have a profound impact on the functioning of the digital single market, where new information services, such as meta-search engines or price-comparison websites, base their operation on the systematic extraction and re-utilisation of materials available from online sources. This is an issue that the Commission should address in a forthcoming evaluation of the Database Directive.

Search engine liability for autocomplete suggestions: personality, privacy and the power of the algorithm

This article is concerned with the liability of search engines for algorithmically produced search suggestions, such as through Google’s ‘autocomplete’ function. Liability in this context may arise when automatically generated associations have an offensive or defamatory meaning, or may even induce infringement of intellectual property rights. The increasing number of cases that have been brought before courts all over the world puts forward questions on the conflict of fundamental freedoms of speech and access to information on the one hand, and personality rights of individuals— under a broader right of informational self-determination—on the other. In the light of the recent judgment of the Court of Justice of the European Union (EU) in Google Spain v AEPD, this article concludes that many requests for removal of suggestions including private individuals’ information will be successful on the basis of EU data protection law, even absent prejudice to the person concerned.

Evaluating the climate and air quality impacts of short-lived pollutants

This paper presents a summary of the work done within the European Union's Seventh Framework Programme project ECLIPSE (Evaluating the Climate and Air Quality Impacts of Short-Lived Pollutants). ECLIPSE had a unique systematic concept for designing a realistic and effective mitigation scenario for short-lived climate pollutants (SLCPs; methane, aerosols and ozone, and their precursor species) and quantifying its climate and air quality impacts, and this paper presents the results in the context of this overarching strategy. The first step in ECLIPSE was to create a new emission inventory based on current legislation (CLE) for the recent past and until 2050. Substantial progress compared to previous work was made by including previously unaccounted types of sources such as flaring of gas associated with oil production, and wick lamps. These emission data were used for present-day reference simulations with four advanced Earth system models (ESMs) and six chemistry transport models (CTMs). The model simulations were compared with a variety of ground-based and satellite observational data sets from Asia, Europe and the Arctic. It was found that the models still underestimate the measured seasonality of aerosols in the Arctic but to a lesser extent than in previous studies. Problems likely related to the emissions were identified for northern Russia and India, in particular. To estimate the climate impacts of SLCPs, ECLIPSE followed two paths of research: the first path calculated radiative forcing (RF) values for a large matrix of SLCP species emissions, for different seasons and regions independently. Based on these RF calculations, the Global Temperature change Potential metric for a time horizon of 20 years (GTP20) was calculated for each SLCP emission type. This climate metric was then used in an integrated assessment model to identify all emission mitigation measures with a beneficial air quality and short-term (20-year) climate impact. These measures together defined a SLCP mitigation (MIT) scenario. Compared to CLE, the MIT scenario would reduce global methane (CH4) and black carbon (BC) emissions by about 50 and 80 %, respectively. For CH4, measures on shale gas production, waste management and coal mines were most important. For non-CH4 SLCPs, elimination of high-emitting vehicles and wick lamps, as well as reducing emissions from gas flaring, coal and biomass stoves, agricultural waste, solvents and diesel engines were most important. These measures lead to large reductions in calculated surface concentrations of ozone and particulate matter. We estimate that in the EU, the loss of statistical life expectancy due to air pollution was 7.5 months in 2010, which will be reduced to 5.2 months by 2030 in the CLE scenario. The MIT scenario would reduce this value by another 0.9 to 4.3 months. Substantially larger reductions due to the mitigation are found for China (1.8 months) and India (11–12 months). The climate metrics cannot fully quantify the climate response. Therefore, a second research path was taken. Transient climate ensemble simulations with the four ESMs were run for the CLE and MIT scenarios, to determine the climate impacts of the mitigation. In these simulations, the CLE scenario resulted in a surface temperature increase of 0.70 ± 0.14 K between the years 2006 and 2050. For the decade 2041–2050, the warming was reduced by 0.22 ± 0.07 K in the MIT scenario, and this result was in almost exact agreement with the response calculated based on the emission metrics (reduced warming of 0.22 ± 0.09 K). The metrics calculations suggest that non-CH4 SLCPs contribute ~ 22 % to this response and CH4 78 %. This could not be fully confirmed by the transient simulations, which attributed about 90 % of the temperature response to CH4 reductions. Attribution of the observed temperature response to non-CH4 SLCP emission reductions and BC specifically is hampered in the transient simulations by small forcing and co-emitted species of the emission basket chosen. Nevertheless, an important conclusion is that our mitigation basket as a whole would lead to clear benefits for both air quality and climate. The climate response from BC reductions in our study is smaller than reported previously, possibly because our study is one of the first to use fully coupled climate models, where unforced variability and sea ice responses cause relatively strong temperature fluctuations that may counteract (and, thus, mask) the impacts of small emission reductions. The temperature responses to the mitigation were generally stronger over the continents than over the oceans, and with a warming reduction of 0.44 K (0.39–0.49) K the largest over the Arctic. Our calculations suggest particularly beneficial climate responses in southern Europe, where surface warming was reduced by about 0.3 K and precipitation rates were increased by about 15 (6–21) mm yr−1 (more than 4 % of total precipitation) from spring to autumn. Thus, the mitigation could help to alleviate expected future drought and water shortages in the Mediterranean area. We also report other important results of the ECLIPSE project.

Characterization of Metal and Trace Element Contents of Particulate Matter (PM10) Emitted by Vehicles Running on Brazilian FuelsHydrated Ethanol and Gasoline with 22% of Anhydrous Ethanol

Emission of fine particles by mobile sources has been a matter of great concern due to its potential risk both to human health and the environment. Although there is no evidence that one sole component may be responsible for the adverse health outcomes, it is postulated that the metal particle content is one of the most important factors, mainly in relation to oxidative stress. Data concerning the amount and type of metal particles emitted by automotive vehicles using Brazilian fuels are limited. The aim of this study was to identify inhalable particles (PM10) and their trace metal content in two light-duty vehicles where one was fueled with ethanol while the other was fueled with gasoline mixed with 22% of anhydrous ethanol (gasohol); these engines were tested on a chassis dynamometer. The elementary composition of the samples was evaluated by the particle-induced x-ray emission technique. The experiment showed that total emission factors ranged from 2.5 to 11.8 mg/km in the gasohol vehicle, and from 1.2 to 3 mg/km in the ethanol vehicle. The majority of particles emitted were in the fine fraction (PM2.5), in which Al, Si, Ca, and Fe corresponded to 80% of the total weight. PM10 emissions from the ethanol vehicle were about threefold lower than those of gasohol. The elevated amount of fine particulate matter is an aggravating factor, considering that these particles, and consequently associated metals, readily penetrate deeply into the respiratory tract, producing damage to lungs and other tissues.

Stigmatic surface in the Vochysiaceae: reproductive and taxonomic implications

(Stigmatic surface, reproductive biology and taxonomy of the Vochysiaceae). The Vochysiaceae are Neotropical trees and shrubs, common in the savanna areas in Central Brazil (Cerrados). The family has been traditionally divided into two tribes: Erismeae, with three genera, and Vochysieae, with five genera. We investigated the stigmatic surface of six Vochysiaceae species, belonging to four genera of Vochysieae: Vochysia, Salvertia, Callisthene and Qualea. Flowers and buds at different developmental stages were collected. Morphological features were observed on fresh material and stigmatic receptivity was inferred based on esterasic activity. Pistils were fixed and embedded in paraplast and sectioned on a rotary microtome; the sections were stained before histological analysis. Stigmas of open flowers were also observed by scanning electron microscopy. Stigmas of all species were wet and showed esterasic activity at pre-anthesis and anthesis stages. Stigmatic surface was continuous with transmitting tissue of glandular nature. Vochysia and Salvertia stigmatic surfaces were formed by multicelular uniseriate hairs, and species of the remaining genera showed papillate surface. The exudate over mature stigmas in all species flowed without rupture of stigmatic Surface and pollen tubes grew down between hairs or papillae. Differences on the stigmatic surface agreed with a phylogenetic reconstruction that separated two clades and indicated that Vochysieae is not monophyletic. Stigmatic features could not be associated with pollination and breeding systems.

High-power diode laser in the disinfection in depth of the root canal dentin

Objective. The objective of this study was to evaluate the disinfection degree of dentine caused by the use of diode laser after biomechanical procedures. Study design. Thirty teeth were sectioned and roots were autoclaved and incubated for 4 weeks with a suspension of Enterococcus faecalis. The specimens were randomly divided into 3 groups (n = 10): G1, instrumented with rotary files, irrigated with 0.5% sodium hypochlorite and 17% EDTA-T, and then irradiated by 830-nm diode laser at 3 W; G2, the same procedures as G1 but without laser irradiation; and G3, irrigation with saline solution (control). Dentin samples of each third were collected with carbide burs and aliquots were sowed to count viable cells. Results. The disinfection degree achieved was 100% in G1 and 98.39% in G2, when compared to the control group (G3). Conclusion. Diode laser irradiation provided increased disinfection of the deep radicular dentin in the parameters and samples tested.

Assessment of PD Speech Anomalies @ Home

Background: Voice processing in real-time is challenging. A drawback of previous work for Hypokinetic Dysarthria (HKD) recognition is the requirement of controlled settings in a laboratory environment. A personal digital assistant (PDA) has been developed for home assessment of PD patients. The PDA offers sound processing capabilities, which allow for developing a module for recognition and quantification HKD. Objective: To compose an algorithm for assessment of PD speech severity in the home environment based on a review synthesis. Methods: A two-tier review methodology is utilized. The first tier focuses on real-time problems in speech detection. In the second tier, acoustics features that are robust to medication changes in Levodopa-responsive patients are investigated for HKD recognition. Keywords such as Hypokinetic Dysarthria , and Speech recognition in real time were used in the search engines. IEEE explorer produced the most useful search hits as compared to Google Scholar, ELIN, EBRARY, PubMed and LIBRIS. Results: Vowel and consonant formants are the most relevant acoustic parameters to reflect PD medication changes. Since relevant speech segments (consonants and vowels) contains minority of speech energy, intelligibility can be improved by amplifying the voice signal using amplitude compression. Pause detection and peak to average power rate calculations for voice segmentation produce rich voice features in real time. Enhancements in voice segmentation can be done by inducing Zero-Crossing rate (ZCR). Consonants have high ZCR whereas vowels have low ZCR. Wavelet transform is found promising for voice analysis since it quantizes non-stationary voice signals over time-series using scale and translation parameters. In this way voice intelligibility in the waveforms can be analyzed in each time frame. Conclusions: This review evaluated HKD recognition algorithms to develop a tool for PD speech home-assessment using modern mobile technology. An algorithm that tackles realtime constraints in HKD recognition based on the review synthesis is proposed. We suggest that speech features may be further processed using wavelet transforms and used with a neural network for detection and quantification of speech anomalies related to PD. Based on this model, patients' speech can be automatically categorized according to UPDRS speech ratings.

Verdi's Settings of Shakespeare : from Play to Liberetto to Opera

As a Senior Scholar pursuing the topic, Verdi's Settings of Shakespeare: From Play to Libretto to Opera, I have endeavoured to study a project relevant to my majors, Music and English. During first semester, I carefully analysed Shakespeare's plays, Macbeth, Othello and Falstaff. The highlight of my project was in January when I travelled to New York City and spent the day working with the Metropolitan Opera Guild. I was also able to see a performance of Verdi's Othello with Jon Vickers in the lead role. During the second semester, I studied the musical aspects of the compositions. I spent time analysing musical passages and relating them to the plays and the operas. I was also able to continue my study of Italian, which I find extremely beneficial while studying Verdi's libretti. On Monday, 13th May, 1974, I gave a lecture presentation of my project. At this time, I showed slides of Metropolitan productions of the operas, presented my own rendition of five arias (in costume) and talked about comparisions between the plays and the operas. I applied for a Rotary Fellowship to take my project to Europe and am presently waiting to hear the results. If I do receive the fellowship, I am planning to spend a year studying the plays and operas in England and Italy. Afterwards, I hope to publish a paper explaining my findings. The paper is divided into six sections. The first section is an introduction which explains the period of Romanticism and its relationship to Shakespeare and Verdi. The second section is devoted to discussing the librettist for Macbeth, Francesco Piave. Following this section the opera Macbeth is discussed. Arrigo Boito, the librettist for Otello and Falstaff is discussed in the fourth section. The last two sections deal with Otello and Falstaff. I have also included a number of musical selections to better explain certain passages. My project has been invaluable to me. My Senior Scholar project has allowed me the freedom of independent study as well as a means of tying my majors together.

Dennis Mahoney, Electrician, Consolidated Edison Company, New York

A graduate of the New York Trade School's Electrical program in 1958, Dennis Mahoney is show at work for the Consolidated Edison Company in New York. Caption written on reverse reads "Dennis J. Mahoney is shown closing the Armature Switch of a Rotary Converter in a D.C. substation. The average rotary in our stations has a capacity of 4,200 K.W. and there are 30 such stations in Manhattan with an annual output of 800,000 amperes. Although the D.C. load is gradually being reduced, it can be seen that there is still considerable demand for direct current in Manhattan." Black and white photograph.

Protecting Your Search Privacy: A Lesson Plan

Each year search engines like Google, Bing and Yahoo, complete trillions of search queries online. Students are especially dependent on these search tools because of their popularity, convenience and accessibility. However, what students are unaware of, by choice or naiveté is the amount of personal information that is collected during each search session, how that data is used and who is interested in their online behavior profile. Privacy policies are frequently updated in favor of the search companies but are lengthy and often are perused briefly or ignored entirely with little thought about how personal web habits are being exploited for analytics and marketing. As an Information Literacy instructor, and a member of the Electronic Frontier Foundation, I believe in the importance of educating college students and web users in general that they have a right to privacy online. Class discussions on the topic of web privacy have yielded an interesting perspective on internet search usage. Students are unaware of how their online behavior is recorded and have consistently expressed their hesitancy to use tools that disguise or delete their IP address because of the stigma that it may imply they have something to hide or are engaging in illegal activity. Additionally, students fear they will have to surrender the convenience of uber connectivity in their applications to maintain their privacy. The purpose of this lightning presentation is to provide educators with a lesson plan highlighting and simplifying the privacy terms for the three major search engines, Google, Bing and Yahoo. This presentation focuses on what data these search engines collect about users, how that data is used and alternative search solutions, like DuckDuckGo, for increased privacy. Students will directly benefit from this lesson because informed internet users can protect their data, feel safer online and become more effective web searchers.

Reação de mercado associada à disponibilidade de informação

O racional teórico das finanças comportamentais se sustenta em dois grandes pilares: limites de arbitragem e irracionalidade dos investidores. Dentre os desvios de racionalidade conhecidos, um foi de particular interesse para este estudo: o viés da disponibilidade. Este viés acontece nas situações em que as pessoas estimam a frequência de uma classe ou a probabilidade de um evento pela facilidade com que instâncias ou ocorrências podem ser lembradas. O advento da internet permitiu a verificação do viés de disponibilidade em larga escala por meio da análise dos dados de buscas realizadas. I.e., se uma determinada ação é mais procurada que outras, podemos inferir que ela está mais disponível na memória coletiva dos investidores. Por outro lado, a literatura das finanças comportamentais tem um braço mais pragmático, que estuda estratégias capazes de fornecer retornos anormais, acima do esperado pela hipótese do mercado eficiente. Para os fins deste estudo, destaca-se o efeito momento, no qual o grupo de ações de melhor resultado nos últimos J meses tende a fornecer melhores resultados pelos próximos K meses. O propósito deste estudo foi verificar a possibilidade de se obter retornos acima dos identificados pelo efeito momento segmentando-se as carteiras de maior e menor viés de disponibilidade. Os resultados obtidos foram positivos e estatisticamente significativos na amostra selecionada. A estratégia cruzada entre efeito momento e disponibilidade produziu, para J=6 e K=6, retornos médios mensais de 2,82% com estatística t de 3,14. Já a estratégia só de efeito momento, para o mesmo período de formação e prazo de manutenção, gerou retornos médios mensais de apenas 1,40% com estatística t de 1,22.

Aplicação da abordagem WebQual na avaliação da qualidade de sites de busca no Brasil

Com o rápido crescimento da Internet, a quantidade de informações disponíveis tornou-se gigantesca, dificultando a busca pelo que realmente é essencial. Da mesma forma que vários esforços na divulgação de informações relevantes foram efetuados, sites de qualidade duvidosa também apareceram. Os "Sites de busca, apesar de ainda limitados, passaram a ter papel cada vez mais importante, e alguns deles são, hoje, líderes em número de acessos. A avaliação da qualidade de sites na Internet é, hoje, tópico de estudo de vários pesquisadores em todo o mundo. Vários modelos de avaliação existem, com focos que se alternam entre a avaliação dos aspectos tecnológicos e a medição da qualidade percebida pelo usuário ou consumidor. Nesta pesquisa, optou-se por analisar a aplicabilidade do instrumento "WebOual" - criado pelos professores Stuart Barnes (Victoria University of Wellington - Nova Zelândia) e Richard Vidgen (Universidade de Bath - Inglaterra) - o qual privilegia a avaliação da qualidade dos sites pesquisados pela ótica do usuário ou consumidor. Será aplicada a abordagem WebOual a três sites de busca internacionais que possuem versões localizadas em português. no Brasil: Altavista, Yahoo! e Google. Trata-se de utilização inédita da abordagem WebOual, anteriormente testada por seus criadores na avaliação de sites de Livrarias Virtuais, Universidades, Leilões ontine e sites WAP.

Who is the cowboy in Washington?: beating google at their own game with neuroscience and cryptography

Who was the cowboy in Washington? What is the land of sushi? Most people would have answers to these questions readily available,yet, modern search engines, arguably the epitome of technology in finding answers to most questions, are completely unable to do so. It seems that people capture few information items to rapidly converge to a seemingly 'obvious' solution. We will study approaches for this problem, with two additional hard demands that constrain the space of possible theories: the sought model must be both psychologically and neuroscienti cally plausible. Building on top of the mathematical model of memory called Sparse Distributed Memory, we will see how some well-known methods in cryptography can point toward a promising, comprehensive, solution that preserves four crucial properties of human psychology.

O direito ao esquecimento na era digital: desafios da regulação da desvinculação de urls prejudiciais a pessoas naturais nos índices de pesquisa dos buscadores horizontais

No julgamento do recurso especial referente à ação ajuizada pela apresentadora Xuxa Meneghel para compelir o Google Search a desvincular dos seus índices de busca os resultados relativos à pesquisa sobre a expressão “Xuxa pedófila” ou qualquer outra que associasse o nome da autora a esta prática criminosa, a relatora da decisão, a Ministra Nancy Andrighi, definiu de maneira clara a controvérsia de que cuida este trabalho: o cotidiano de milhares de pessoas depende atualmente de informações que estão na web, e que dificilmente seriam encontradas sem a utilização das ferramentas de pesquisas oferecidas pelos sites de busca. Por outro lado, esses mesmos buscadores horizontais podem ser usados para a localização de páginas com informações, URLs prejudiciais resultantes da busca com o nome das pessoas. Diante disso, o que fazer? Existiria realmente um direito de ser esquecido, isto é, de ter uma URL resultante de uma pesquisa sobre o nome de uma pessoa desvinculado do índice de pesquisa do buscador horizontal? Há quem afirme que a medida mais apropriada para lidar com esse problema seria ir atrás do terceiro que publicou essa informação originariamente na web. Há também quem defenda que a proteção de um direito de ser esquecido representaria uma ameaça grande demais para a liberdade de expressão e de informação. Diante deste quadro, esta dissertação visa a estabelecer quais podem ser as características e os limites do direito ao esquecimento na era digital, de acordo com o estado atual da legislação brasileira a respeito, confrontando-se tal direito com outros direitos e interesses públicos e privados (especialmente o direito à liberdade de expressão e à informação) e levando em conta as características de funcionamento da própria rede mundial de computadores, em especial das ferramentas de buscas. Tendo em vista a importância dos buscadores horizontais no exercício do acesso à informação e, além disso, as dificuldades relacionadas à retirada de URLs de todos os sítios em que tenham sido publicadas, nossa pesquisa focará no potencial – e nas dificuldades – de se empregar a regulação de tais ferramentas de busca para a proteção eficaz do direito ao esquecimento na era digital.

Links hipertextuais na comunicação científica: análise webométrica dos sítios acadêmicos latino-americanos em ciências sociais

VANTI, Nadia. Links hipertextuais na comunicação científica: análise webométrica dos sítios acadêmicos latino-americanos em Ciências Sociais. Porto Alegre, 2007. 292 f. Tese (Doutorado em Comunicação e Informação) – Universidade Federal do Rio Grande do Sul. Porto Alegre, 2007.