Kontent i Pravo v. Masterhost Presidium of the Supreme Arbitration Court of the Russian Federation, Judgment of 23 December 2008, Nr. 10962/08 Translation and Comment

This Judgment by the Presidium of the Supreme Arbitration Court of the Russian Federation can be considered as a landmark ruling for Internet Service Provider’s (ISP) liability. The Court stipulates for the first time concise principles under which circumstances an ISP shall be exempt from liability for transmitting copyright infringing content. But due to the legislation on ISP liability in the Russian Federation it depends on the type of information which rules of liability apply to ISP. As far as a violation of intellectual property rights is claimed, the principles given now by the Supreme Arbitration Court are applicable, which basically follow the liability limitations of the so called EU E-Commerce Directive. But, furthermore, preventive measures that are provided in service provider contracts to suppress a violation through the use of services should be taken into account as well. On the other hand, as far as other information is concerned the limitations of the respective Information Law might be applicable which stipulates different liability requirements. This article gives a translation of the Supreme Arbitration Court’s decision as well as a comment on its key rulings with respect to the legal framework and on possible consequences for practice.

NO2-induced nitrate reductase activity in needles of Norway spruce (Picea abies) under laboratory and field conditions

The induction of activity of the enzyme nitrate reductase (NR, EC 1.6.6.1, 1.6.6.2) in needles of Norway spruce (Picea abies[L.] Karst.) by nitrogen dioxide (NO2) was studied under laboratory and field conditions. In fumigation chambers an increase in nitrate reductase activity (NRA) was detected 4 h after the start of the NO2 treatment. During the first 2 days with 100 µg NO2 m−3, NRA reached a constant level and did not change during the following 4 days. At the same level of NO2, NRA was lower in needles from trees grown on NPK-fertilized soil than on non-fertilized soil. After the transfer of spruce trees from fertilized soil to NPK-rich nutrient solution, NRA was transiently increased. This effect was assigned to root injuries causing nitrate transport to the shoot and subsequent induction of NRA. Neither trees on fertilized soil nor trees transferred to NPK-poor nutrient solution had increased NRA unless NO2 was provided. The NO2 gradient in the vicinity of a highway was used to test the long-term effect of elevated levels of NO2 on needle NRA of potted and field-grown spruce trees. Compared with less polluted sites, permanently increased NRAs were detected when NO2 concentrations were above 20 µg m−3. Controls of field measurements some 10 years after the introduction of catalytic converters in cars showed no significant change neither in NO2 levels nor in the decreasing NRA of spruce needles with the distance from the highway.

Shulamit an Ancient Love-Drama. Known as the "Song of Songs," and attributed to Solomon, King of Israel

Gershon Katz

Fritta Brod, Rollenbild, in: Rabindranath Tagore: The King of the dark chamber

Signatur des Originals: S 36/F03237