968 resultados para Inherent Audiences
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The application of adaptive antenna techniques to fixed-architecture base stations has been shown to offer wide-ranging benefits, including interference rejection capabilities or increased coverage and spectral efficiency.Unfortunately, the actual implementation ofthese techniques to mobile communication scenarios has traditionally been set back by two fundamental reasons. On one hand, the lack of flexibility of current transceiver architectures does not allow for the introduction of advanced add-on functionalities. On the other hand, theoften oversimplified models for the spatiotemporal characteristics of the radio communications channel generally give rise toperformance predictions that are, in practice, too optimistic. The advent of software radio architectures represents a big step toward theintroduction of advanced receive/transmitcapabilities. Thanks to their inherent flexibilityand robustness, software radio architecturesare the appropriate enabling technology for theimplementation of array processing techniques.Moreover, given the exponential progression ofcommunication standards in coexistence andtheir constant evolution, software reconfigurabilitywill probably soon become the only costefficientalternative for the transceiverupgrade. This article analyzes the requirementsfor the introduction of software radio techniquesand array processing architectures inmultistandard scenarios. It basically summarizesthe conclusions and results obtained withinthe ACTS project SUNBEAM,1 proposingalgorithms and analyzing the feasibility ofimplementation of innovative and softwarereconfigurablearray processing architectures inmultistandard settings.
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This work provides a general framework for the design of second-order blind estimators without adopting anyapproximation about the observation statistics or the a prioridistribution of the parameters. The proposed solution is obtainedminimizing the estimator variance subject to some constraints onthe estimator bias. The resulting optimal estimator is found todepend on the observation fourth-order moments that can be calculatedanalytically from the known signal model. Unfortunately,in most cases, the performance of this estimator is severely limitedby the residual bias inherent to nonlinear estimation problems.To overcome this limitation, the second-order minimum varianceunbiased estimator is deduced from the general solution by assumingaccurate prior information on the vector of parameters.This small-error approximation is adopted to design iterativeestimators or trackers. It is shown that the associated varianceconstitutes the lower bound for the variance of any unbiasedestimator based on the sample covariance matrix.The paper formulation is then applied to track the angle-of-arrival(AoA) of multiple digitally-modulated sources by means ofa uniform linear array. The optimal second-order tracker is comparedwith the classical maximum likelihood (ML) blind methodsthat are shown to be quadratic in the observed data as well. Simulationshave confirmed that the discrete nature of the transmittedsymbols can be exploited to improve considerably the discriminationof near sources in medium-to-high SNR scenarios.
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In addition to the two languages essentially involved in translation, that of the source text (L1) and that of the target text (L2), we propose a third language (L3) to refer to any other language(s) found in the text. L3 may appear in the source text (ST) or the target text (TT), actually appearing more frequently inSTs in our case studies. We present a range of combinations for the convergence and divergence of L1, L2 and L3, for the case of feature films and their translations using examples from dubbed and subtitled versions of films, but we are hopeful that our tentative conclusions may be relevant to other modalities of translation, audiovisual and otherwise. When L3 appears in an audiovisual ST,we find a variety of solutions whereby L3 is deleted from or adapted to the TT.In the latter case, L3 might be rendered in a number of ways, depending on factors such as the audience’s familiarity with L3, and the possibility that L3 inthe ST is an invented language.
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In the present work are reported investigations of structural, magnetic and electronic properties of GaAs/Ga1-xInxAs/GaAs quantum wells (QW) having a 0.5 - 1.8 monolayer thick Mn layer, separated from the quantum well by a 3 nm thick spacer. The structure of the samples is analyzed in details by photoluminescence and high-resolution X-ray difractometry and reflectometry, confirming that Mn atoms are practically absent from the QW. Transport properties and crystal structure are analyzed for the first time for this type of QW structures with so high mobility. Observedconductivity and the Hall effect in quantizing magnetic fields in wide temperature range, defined by transport of holes in the quantum well, demonstrate properties inherent to ferromagnetic systems with spin polarization of charge carriersin the QW. Investigation of the Shubnikov ¿ de Haas and the Hall effects gave the possibility to estimate the energy band parameters such as cyclotron mass andFermi level and calculate concentrations and mobilities of holes and show the high-quality of structures. Magnetic ordering is confirmed by the existence of the anomalous Hall effect.
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My study is based on an ethnography of two groups of young people from working-class neighbourhoods in Barcelona. I was interested in researching the impact of Catalan language policies on the identities of young people of Spanish-speaking immigrant families. I sought to go beyond the constraints of traditional structuralist approaches in Sociolinguistics in order to make my analysis relevant to people working for gender equality, the promotion of the Catalan language, or other social causes. I combine ideas from Bakhtin, Bourdieu, Fairclough, Foucault and Goffman to build a dialectical, historical, process-centred perspective that conceptualises practices in terms of social and political struggles.I analyse young people's peer-group activities in terms of their significance for the construction of gender identities. I propose a variety of forms of masculinity and femininity according to the various ways in which members organised their gender displays in face-to-face interaction.I also show how their use of argot and dialectal Spanish was part of the processes whereby members defined their relationships, constructed particular subject positions in interaction and struggled to legitimate their own values.I explore the meanings constructed through Catalan and Spanish by looking into the code-switching practices of my participants. I analysed their talk in terms of narratives that present particular sequential dramatisations of events for conversational audiences. These narratives follow the expressive intention of the author, and are populated with multiple voices of animated characters. I argue that, in the groups I studied, Catalan was generally not used to animate the voices that were central to the identities of the peer-group, and particularly to masculine identities.In order to contextualise these practices within the wider society, I also look into the processes of language choice in face-to-face encounters. I argue that existing conventions made it difficult for people to find opportunities to speak Catalan. I also pointed to the difficulties that my participants had to find employment, which were particularly acute amongst the more politically aware individuals. I conclude that these young working-class people had little possibilities of investing in more egalitarian forms of identity given their lack of resources and opportunities to develop their identities in other social spaces, such as the workplace.
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1 Summary This dissertation deals with two major aspects of corporate governance that grew in importance during the last years: the internal audit function and financial accounting education. In three essays, I contribute to research on these topics which are embedded in the broader corporate governance literature. The first two essays consist of experimental investigations of internal auditors' judgments. They deal with two research issues for which accounting research lacks evidence: The effectiveness of internal controls and the potentially conflicting role of the internal audit function between management and the audit committee. The findings of the first two essays contribute to the literature on internal auditors' judgment and the role of the internal audit function as a major cornerstone of corporate governance. The third essay theoretically examines a broader issue but also relates to the overall research question of this dissertation: What contributes to effective corporate governance? This last essay takes the perspective that the root for quality corporate governance is appropriate financial accounting education. r develop a public interest approach to accounting education that contributes to the literature on adequate accounting education with respect to corporate governance and accounting harmonization. The increasing importance of both the internal audit function and accounting education for corporate governance can be explained by the same recent fundamental changes that still affect accounting research and practice. First, the Sarbanes-Oxley Act of 2002 (SOX, 2002) and the 8th EU Directive (EU, 2006) have led to a bigger role for the internal audit function in corporate governance. Their implications regarding the implementation of audit committees and their oversight over internal controls are extensive. As a consequence, the internal audit function has become increasingly important for corporate governance and serves a new master (i.e. the audit committee) within the company in addition to management. Second, the SOX (2002) and the 8th EU Directive introduced additional internal control mechanisms that are expected to contribute to the reliability of financial information. As a consequence, the internal audit function is expected to contribute to a greater extent to the reliability of financial statements. Therefore, effective internal control mechanisms that strengthen objective judgments and independence become important. This is especially true when external- auditors rely on the work of internal auditors in the context of the International Standard on Auditing (ISA) 610 and the equivalent US Statement on Auditing Standards (SAS) 65 (see IFAC, 2009 and AICPA, 1990). Third, the harmonization of international reporting standards is increasingly promoted by means of a principles-based approach. It is the leading approach since a study of the SEC (2003) that was required by the SOX (2002) in section 108(d) was in favor of this approach. As a result, the Financial Accounting Standards Board (FASB) and the International Accounting Standards Board (IASB) commit themselves to the development of compatible accounting standards based on a principles-based approach. Moreover, since the Norwalk Agreement of 2002, the two standard setters have developed exposure drafts for a common conceptual framework that will be the basis for accounting harmonization. The new .framework will be in favor of fair value measurement and accounting for real-world economic phenomena. These changes in terms of standard setting lead to a trend towards more professional judgment in the accounting process. They affect internal and external auditors, accountants, and managers in general. As a consequence, a new competency set for preparers and users of financial statements is required. The basil for this new competency set is adequate accounting education (Schipper, 2003). These three issues which affect corporate governance are the initial point of this dissertation and constitute its motivation. Two broad questions motivated a scientific examination in three essays: 1) What are major aspects to be examined regarding the new role of the internal audit function? 2) How should major changes in standard setting affect financial accounting education? The first question became apparent due to two published literature reviews by Gramling et al. (2004) and Cohen, Krishnamoorthy & Wright (2004). These studies raise various questions for future research that are still relevant and which motivate the first two essays of my dissertation. In the first essay, I focus on the role of the internal audit function as one cornerstone of corporate governance and its potentially conflicting role of serving both management and the audit committee (IIA, 2003). In an experimental study, I provide evidence on the challenges for internal auditors in their role as servant for two masters -the audit committee and management -and how this influences internal auditors' judgment (Gramling et al. 2004; Cohen, Krishnamoorthy & Wright, 2004). I ask if there is an expectation gap between what internal auditors should provide for corporate governance in theory compared to what internal auditors are able to provide in practice. In particular, I focus on the effect of serving two masters on the internal auditor's independence. I argue that independence is hardly achievable if the internal audit function serves two masters with conflicting priorities. The second essay provides evidence on the effectiveness of accountability as an internal control mechanism. In general, internal control mechanisms based on accountability were enforced by the SOX (2002) and the 8th EU Directive. Subsequently, many companies introduced sub-certification processes that should contribute to an objective judgment process. Thus, these mechanisms are important to strengthen the reliability of financial statements. Based on a need for evidence on the effectiveness of internal control mechanisms (Brennan & Solomon, 2008; Gramling et al. 2004; Cohen, Krishnamoorthy & Wright, 2004; Solomon & Trotman, 2003), I designed an experiment to examine the joint effect of accountability and obedience pressure in an internal audit setting. I argue that obedience pressure potentially can lead to a negative influence on accountants' objectivity (e.g. DeZoort & Lord, 1997) whereas accountability can mitigate this negative effect. My second main research question - How should major changes in standard setting affect financial accounting education? - is investigated in the third essay. It is motivated by the observation during my PhD that many conferences deal with the topic of accounting education but very little is published about what needs to be done. Moreover, the Endings in the first two essays of this thesis and their literature review suggest that financial accounting education can contribute significantly to quality corporate governance as argued elsewhere (Schipper, 2003; Boyce, 2004; Ghoshal, 2005). In the third essay of this thesis, I therefore focus on approaches to financial accounting education that account for the changes in standard setting and also contribute to corporate governance and accounting harmonization. I argue that the competency set that is required in practice changes due to major changes in standard setting. As the major contribution of the third article, I develop a public interest approach for financial accounting education. The major findings of this dissertation can be summarized as follows. The first essay provides evidence to an important research question raised by Gramling et al. (2004, p. 240): "If the audit committee and management have different visions for the corporate governance role of the IAF, which vision will dominate?" According to the results of the first essay, internal auditors do follow the priorities of either management or the audit committee based on the guidance provided by the Chief Audit executive. The study's results question whether the independence of the internal audit function is actually achievable. My findings contribute to research on internal auditors' judgment and the internal audit function's independence in the broader frame of corporate governance. The results are also important for practice because independence is a major justification for a positive contribution of the internal audit function to corporate governance. The major findings of the second essay indicate that the duty to sign work results - a means of holding people accountable -mitigates the negative effect of obedience pressure on reliability. Hence, I found evidence that control .mechanisms relying on certifications may enhance the reliability of financial information. These findings contribute to the literature on the effectiveness of internal control mechanisms. They are also important in the light of sub-certification processes that resulted from the Sarbanes-Oxley Act and the 8th EU Directive. The third essay contributes to the literature by developing a measurement framework that accounts for the consequences of major trends in standard setting. Moreovér, it shows how these trends affect the required .competency set of people dealing with accounting issues. Based on this work, my main contribution is the development of a public interest approach for the design of adequate financial accounting curricula. 2 Serving two masters: Experimental evidence on the independence of internal auditors Abstract Twenty nine internal auditors participated in a study that examines the independence of internal auditors in their potentially competing roles of serving two masters: the audit committee and management. Our main hypothesis suggests that internal auditors' independence is not achievable in an institutional setting in which internal auditors are accountable to two different parties with potentially differing priorities. We test our hypothesis in an experiment in which the treatment consisted of two different instructions of the Chief audit executive; one stressing the priority of management (cost reduction) and one stressing the priority of the audit committee (effectiveness). Internal auditors had to evaluate internal controls and their inherent costs of different processes which varied in their degree of task complexity. Our main results indicate that internal auditors' evaluation of the processes is significantly different when task complexity is high. Our findings suggest that internal auditors do follow the priorities of either management or the audit committee depending on the instructions of a superior internal auditor. The study's results question whether the independence of the internal audit function is actually achievable. With our findings, we contribute to research on internal auditors' judgment and the internal audit function's independence in the frame of corporate governance.
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Treatment options for chronic hepatitis B have significantly expanded over the last decade. Six nucleoside or nucleotide analogs (NA) with activity against the hepatitis B virus are currently available. Prolonged NA treatment is required in many cases to maintain viral suppression, with an inherent risk of the development of antiviral resistance. The purpose of this concise review is to provide an introduction to the prevention, diagnosis and management of antiviral resistance in chronic hepatitis B.
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Flexitime : between autonomy and constraints. A case study in SwitzerlandBy looking at how a new regulation is translated into everyday practices, this dissertation explores through a specific case study the degree of autonomy gained by wage-earners with the introduction of flexible working schedules. The guiding hypothesis is that by introducing procedural rules, flexitime opens the space for more daily negotiations, therefore reinforcing the effects of power relations inherent to employment relationships. The goal is to understand, through a sociological approach, how employees experience a form of working time that transfers responsibility for time management to them, and howthey integrate work-related constraints with their life outside the workplace. The first part of the dissertation sets up the context of the case study. It offers a definition of flexibility by situating it in the broader history of work time, as well as in relation to various organizational forms and cultural transformations. An international literature review and a focus on the Swiss case are offered. In the second part, the focus is narrowed to a specificSwiss firm specialized in mail-order, where a system of individualized management of annual work time has been introduced. By combining a quantitative and qualitative approach, it is possible to analyze determinants of the practices internal to the firm anddeterminants related to employees themselves, as well as the way in which employees articulate these two orders of constraints. The results show that the implementation of flexible working time is not affecting daily negotiation practices so much as it is creating a set of informal rules. The autonomy ofwage-earners is expressed first and foremost through their capacity to produce, negotiate, and legitimate these rules. The intraindividual level has proven to be central for the social regulation of flexible working time. It is not so much a question of legitimation, but rather the process of institutionalization nurtured by the energy invested by wage-earners in their personal quest for a compromise between their various roles, identities, and aspirations. It is this individualized regulation that is ensuring the success of the system under study.
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[eng] An observable study on the behaviour in the laboratory of Pharmaceutical Technology II (pharmaceutical pilot plant), with two groups of students of 3rd course (proactive aptitude and valuation of the"knowledge to do acquired") is carried out. The variable between groups is that one has realised a training (by means of self-study of an interactive application multimedia, especially designed), without tutorship on behalf the teacher in front of the other group that carried out the same training with the same material but with the guide of the teacher in the computer lab. On the one hand it is valued if there is some effect differentiator between both types of training, by means of the accounting of the correct results obtained in a previous test to the entrance in the pilot plant and by another one the valuation that the professors made responsible for the groups of practices in situ. The results demonstrate the previous hypothesis that there must not be significant differences between the groups, beyond the inherent ones to personality of the students itself (interest and personal implication by the subject). On the other hand the test for the observation in the laboratory did not facilitate the distinction of objective differences. [spa] Se lleva a cabo un estudio observacional sobre el comportamiento de los estudiantes (aptitud pro-activa y valoración del “saber hacer adquirido”) en el laboratorio de Tecnología Farmacéutica II (planta piloto farmacéutica) de dos grupos de estudiantes de 3er curso. La variable entre los dos grupos es que uno ha realizado una formación no presencial (mediante el autoestudio de una aplicación interactiva multimedia, especialmente diseñada), sin tutoría por parte del profesor, frente al otro grupo que llevó a cabo la misma formación con el mismo material pero con la guía del profesor en el aula de informática. Por una parte se valora si hay algún efecto diferenciador entre ambos tipos de formación, mediante la contabilización de los resultados correctos obtenidos en un test previo a la entrada en la planta piloto y por otro la valoración que hicieron los profesores responsables de los grupos de prácticas in situ. Los resultados demuestran la hipótesis previa de que no debían existir diferencias significativas entre los grupos, más allá de las inherentes a la propia personalidad de los estudiantes (interés e implicación personal por el tema). Por otra parte el test para la observación en el laboratorio no facilitó la distinción de diferencias objetivas.
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The flexibility of different regions of HIV-1 protease was examined by using a database consisting of 73 X-ray structures that differ in terms of sequence, ligands or both. The root-mean-square differences of the backbone for the set of structures were shown to have the same variation with residue number as those obtained from molecular dynamics simulations, normal mode analyses and X-ray B-factors. This supports the idea that observed structural changes provide a measure of the inherent flexibility of the protein, although specific interactions between the protease and the ligand play a secondary role. The results suggest that the potential energy surface of the HIV-1 protease is characterized by many local minima with small energetic differences, some of which are sampled by the different X-ray structures of the HIV-1 protease complexes. Interdomain correlated motions were calculated from the structural fluctuations and the results were also in agreement with molecular dynamics simulations and normal mode analyses. Implications of the results for the drug-resistance engendered by mutations are discussed briefly.
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El presente proyecto ha sido realizado entre Octubre de 2013 y Febrero de 2014 por un equipo de estudiantes de la licenciatura de Ciencias Ambientales de la Universidad Autónoma de Barcelona. El objeto de estudio es la propuesta de cursos para la formación de tres públicos diferentes, estudiantes, gestores y políticos. Estos cursos se basan en la experiencia de Costa Rica sobre la conservación de la biodiversidad. Costa Rica es un país muy rico en biodiversidad por su clima y sus tierras volcánicas. Una manera de conservar esta gran variedad de especies es protegiendo gran parte del país con reservas y parques nacionales. La metodología utilizada para llevar a cabo estos cursos es la investigación. Recopilar información de las diferentes carencias de distintos países, propuestas pedagógicas para saber mostrar de manera correcta la información a cada público meta y basarlos en el cumplimiento de las Metas Aichi, que tratan de mantener la biodiversidad de manera que contribuya al bienestar de la población. La intención de estos cursos es enseñar a los distintos públicos meta las experiencias positivas que ha tenido Costa Rica para poder desarrollarse tanto en crecimiento económico como de la población conservando su biodiversidad. De manera que en otros países puedan aprender y a la misma vez beneficiarse con las ideas propuestas en los cursos. El curso propuesto para estudiantes trata sobre los servicios ecosistémicos, reconocidos internacionalmente por su empeño en la conservación y uso sostenible de la biodiversidad. El dirigido a gestores, que pueden ser empresarios, es sobre la mejora de la calidad de las aguas, un punto importante para este público que serán los encargados de gestionar este recurso tan importante para mantener en buen estado de conservación la biodiversidad. Finalmente, se propone un curso dirigido a políticos, donde se explica la idea de bioprospección, un tema que se trabaja en el Instituto Nacional de Biodiversidad de Costa Rica y trata de investigar en los organismos que aportan beneficios tanto económicos como en la salud de las personas.
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El present projecte final de carrera s'engloba dins de l'àmbit de l'Agricultura de Precisió (AP). La qual es presenta com una resposta als nous condicionants i reptes existents que giren entorn a l'agricultura, entre el quals caldria citar: la seguretat, el respecte del medi ambient, la qualitat i l'augment de la competitivitat dins del sector agrícola. Per tant, per fer front davant d'aquest escenari, cal plantejar-se una nova manera d'entendre l'agricultura. El principal fonament de la AP es basa en la necessitat de dur a terme totes les accions agrícoles tenint en compte la variabilitat inherent que existeix a les parcel·les. Doncs bé, el present treball es realitza en una plantació de vinya. Concretament s'utilitza una tecnologia làser capaç de caracteritzar la vegetació del cultiu i posteriorment, mitjançant l'ús d'eines matemàtiques, s'arriba a la generació de mapes de vegetació juntament amb la creació de diferents zones de maneig. Per tant, el resultat d'aquest treball és posar a disposició de l'agricultura una metodologia capaç de generar mapes de vegetació, que serviran de base per a l'aplicació dels diferents insums, tenint en compte la variabilitat intraparcelària.
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There is a broad consensus among economists that technologicalchange has been a major contributor to the productivity growth and, hence, to the growth of the material welfare in western industrialized countries at least over the last century. Paradoxically, this issue has not been the focal point of theoretical economics. At the same time, we have witnessed the rise of the importance of technological issues at the strategic management level of business firms. Interestingly, the research has not accurately responded to this challenge either. The tension between the overwhelming empirical evidence of the importance of technology and its relative omission in the research offers a challenging target for a methodological endeavor. This study deals with the question of how different theories cope with technology and explain technological change. The focusis at the firm level and the analysis concentrates on metatheoretical issues, except for the last two chapters, which examine the problems of strategic management of technology. Here the aim is to build a new evolutionary-based theoreticalframework to analyze innovation processes at the firm level. The study consistsof ten chapters. Chapter 1 poses the research problem and contrasts the two basic approaches, neoclassical and evolutionary, to be analyzed. Chapter 2 introduces the methodological framework which is based on the methodology of isolation. Methodological and ontoogical commitments of the rival approaches are revealed and basic questions concerning their ways of theorizing are elaborated. Chapters 3-6 deal with the so-called substantive isolative criteria. The aim is to examine how different approaches cope with such critical issues as inherent uncertainty and complexity of innovative activities (cognitive isolations, chapter 3), theboundedness of rationality of innovating agents (behavioral isolations, chapter4), the multidimensional nature of technology (chapter 5), and governance costsrelated to technology (chapter 6). Chapters 7 and 8 put all these things together and look at the explanatory structures used by the neoclassical and evolutionary approaches in the light of substantive isolations. The last two cpahters of the study utilize the methodological framework and tools to appraise different economics-based candidates in the context of strategic management of technology. The aim is to analyze how different approaches answer the fundamental question: How can firms gain competitive advantages through innovations and how can the rents appropriated from successful innovations be sustained? The last chapter introduces a new evolutionary-based technology management framework. Also the largely omitted issues of entrepreneurship are examined.
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Control applications of switched mode power supplies have been widely investigated. The main objective ofresearch and development (R&D) in this field is always to find the most suitable control method to be implemented in various DC/DC converter topologies. Inother words, the goal is to select a control method capable of improving the efficiency of the converter, reducing the effect of disturbances (line and load variation), lessening the effect of EMI (electro magnetic interference), and beingless effected by component variation. The main objective of this research work is to study different control methods implemented in switched mode power supplies namely (PID control, hysteresis control, adaptive control, current programmed control, variable structure control (VSC), and sliding mode control (SMC). The advantages and drawbacks of each control method are given. Two control methods, the PID and the SMC are selected and their effects on DC/DC (Buck, Boost, and Buck-Boost) converters are examined. Matlab/SimulinkTM is used to implement PID control method in DC/DC Buck converter and SMC in DC/DC (Buck, and Buck Boost) converters. For the prototype, operational amplifiers (op-amps) are used to implement PID control in DC/DC Buck converter. For SMC op-amps are implemented in DC/DC Buck converter and dSPACETM is used to control the DC/DC Buck-Boost converter. The SMC can be applied to the DC/DC (Buck, Boost, and Buck-Boost) converters. A comparison of the effects of the PID control and the SMC on the DC/DC Buck converter response in steady state, under line variations, load variations, and different component variations is performed. Also the Conducted RF-Emissions between the PID and SMC DC/DC Buck Converter are compared. The thesis shows that, in comparison with the PID control, the SMC provides better steady-state response, better dynamic response, less EMI, inherent order reduction, robustness against system uncertainty disturbances, and an implicit stability proof. Giving a better steady-state and dynamic response, the SMC is implemented in a DC/DC resonant converter. The half-wave zero current switching (HWZCS) DC/DC Buck converter is selected as a converter topology. A general guideline to select the tank component values, needed for the designing of a HWZCS DC/DC Buck, is obtained. The implementation of the SMC to a HWZCS DC/DC Buck converter is analysed. The converter response is investigated in the steady-state region and in the dynamic region.
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1. Introduction "The one that has compiled ... a database, the collection, securing the validity or presentation of which has required an essential investment, has the sole right to control the content over the whole work or over either a qualitatively or quantitatively substantial part of the work both by means of reproduction and by making them available to the public", Finnish Copyright Act, section 49.1 These are the laconic words that implemented the much-awaited and hotly debated European Community Directive on the legal protection of databases,2 the EDD, into Finnish Copyright legislation in 1998. Now in the year 2005, after more than half a decade of the domestic implementation it is yet uncertain as to the proper meaning and construction of the convoluted qualitative criteria the current legislation employs as a prerequisite for the database protection both in Finland and within the European Union. Further, this opaque Pan-European instrument has the potential of bringing about a number of far-reaching economic and cultural ramifications, which have remained largely uncharted or unobserved. Thus the task of understanding this particular and currently peculiarly European new intellectual property regime is twofold: first, to understand the mechanics and functioning of the EDD and second, to realise the potential and risks inherent in the new legislation in economic, cultural and societal dimensions. 2. Subject-matter of the study: basic issues The first part of the task mentioned above is straightforward: questions such as what is meant by the key concepts triggering the functioning of the EDD such as presentation of independent information, what constitutes an essential investment in acquiring data and when the reproduction of a given database reaches either qualitatively or quantitatively the threshold of substantiality before the right-holder of a database can avail himself of the remedies provided by the statutory framework remain unclear and call for a careful analysis. As for second task, it is already obvious that the practical importance of the legal protection providedby the database right is in the rapid increase. The accelerating transformationof information into digital form is an existing fact, not merely a reflection of a shape of things to come in the future. To take a simple example, the digitisation of a map, traditionally in paper format and protected by copyright, can provide the consumer a markedly easier and faster access to the wanted material and the price can be, depending on the current state of the marketplace, cheaper than that of the traditional form or even free by means of public lending libraries providing access to the information online. This also renders it possible for authors and publishers to make available and sell their products to markedly larger, international markets while the production and distribution costs can be kept at minimum due to the new electronic production, marketing and distributionmechanisms to mention a few. The troublesome side is for authors and publishers the vastly enhanced potential for illegal copying by electronic means, producing numerous virtually identical copies at speed. The fear of illegal copying canlead to stark technical protection that in turn can dampen down the demand for information goods and services and furthermore, efficiently hamper the right of access to the materials available lawfully in electronic form and thus weaken the possibility of access to information, education and the cultural heritage of anation or nations, a condition precedent for a functioning democracy. 3. Particular issues in Digital Economy and Information Networks All what is said above applies a fortiori to the databases. As a result of the ubiquity of the Internet and the pending breakthrough of Mobile Internet, peer-to-peer Networks, Localand Wide Local Area Networks, a rapidly increasing amount of information not protected by traditional copyright, such as various lists, catalogues and tables,3previously protected partially by the old section 49 of the Finnish Copyright act are available free or for consideration in the Internet, and by the same token importantly, numerous databases are collected in order to enable the marketing, tendering and selling products and services in above mentioned networks. Databases and the information embedded therein constitutes a pivotal element in virtually any commercial operation including product and service development, scientific research and education. A poignant but not instantaneously an obvious example of this is a database consisting of physical coordinates of a certain selected group of customers for marketing purposes through cellular phones, laptops and several handheld or vehicle-based devices connected online. These practical needs call for answer to a plethora of questions already outlined above: Has thecollection and securing the validity of this information required an essential input? What qualifies as a quantitatively or qualitatively significant investment? According to the Directive, the database comprises works, information and other independent materials, which are arranged in systematic or methodical way andare individually accessible by electronic or other means. Under what circumstances then, are the materials regarded as arranged in systematic or methodical way? Only when the protected elements of a database are established, the question concerning the scope of protection becomes acute. In digital context, the traditional notions of reproduction and making available to the public of digital materials seem to fit ill or lead into interpretations that are at variance with analogous domain as regards the lawful and illegal uses of information. This may well interfere with or rework the way in which the commercial and other operators have to establish themselves and function in the existing value networks of information products and services. 4. International sphere After the expiry of the implementation period for the European Community Directive on legal protection of databases, the goals of the Directive must have been consolidated into the domestic legislations of the current twenty-five Member States within the European Union. On one hand, these fundamental questions readily imply that the problemsrelated to correct construction of the Directive underlying the domestic legislation transpire the national boundaries. On the other hand, the disputes arisingon account of the implementation and interpretation of the Directive on the European level attract significance domestically. Consequently, the guidelines on correct interpretation of the Directive importing the practical, business-oriented solutions may well have application on European level. This underlines the exigency for a thorough analysis on the implications of the meaning and potential scope of Database protection in Finland and the European Union. This position hasto be contrasted with the larger, international sphere, which in early 2005 does differ markedly from European Union stance, directly having a negative effect on international trade particularly in digital content. A particular case in point is the USA, a database producer primus inter pares, not at least yet having aSui Generis database regime or its kin, while both the political and academic discourse on the matter abounds. 5. The objectives of the study The above mentioned background with its several open issues calls for the detailed study of thefollowing questions: -What is a database-at-law and when is a database protected by intellectual property rights, particularly by the European database regime?What is the international situation? -How is a database protected and what is its relation with other intellectual property regimes, particularly in the Digital context? -The opportunities and threats provided by current protection to creators, users and the society as a whole, including the commercial and cultural implications? -The difficult question on relation of the Database protection and protection of factual information as such. 6. Dsiposition The Study, in purporting to analyse and cast light on the questions above, is divided into three mainparts. The first part has the purpose of introducing the political and rationalbackground and subsequent legislative evolution path of the European database protection, reflected against the international backdrop on the issue. An introduction to databases, originally a vehicle of modern computing and information andcommunication technology, is also incorporated. The second part sets out the chosen and existing two-tier model of the database protection, reviewing both itscopyright and Sui Generis right facets in detail together with the emergent application of the machinery in real-life societal and particularly commercial context. Furthermore, a general outline of copyright, relevant in context of copyright databases is provided. For purposes of further comparison, a chapter on the precursor of Sui Generi, database right, the Nordic catalogue rule also ensues. The third and final part analyses the positive and negative impact of the database protection system and attempts to scrutinize the implications further in the future with some caveats and tentative recommendations, in particular as regards the convoluted issue concerning the IPR protection of information per se, a new tenet in the domain of copyright and related rights.