GERMANY: Creating New Property Rights on the Basis of General Legal Concepts - Without Limits?

In two cases recently decided by two different senates of the German Federal Supreme Court (Bundesgerichtshof, BGH), the following issue was raised: To what extent can the filming of sports events organized by someone else, on the one hand, and the photographing of someone else’s physical property, on the other hand, be legally controlled by the organizer of the sports event and the owner of the property respectively? In its “Hartplatzhelden.de” decision, the first senate of the Federal Supreme Court concluded that the act of filming sports events does not constitute an act of unfair competition as such, and hence is allowed even without the consent of the organizer of the sports event in question. However, the fifth senate, in its “Prussian gardens and parks” decision, held that photographing someone else’s property is subject to the consent of the owner of the grounds, provided the photographs are taken from a spot situated on the owner’s property. In spite of their different outcomes, the two cases do not necessarily contradict each other. Rather, read together, they may well lead to an unwanted – and unjustified – extension of exclusive protection, thus creating a new “organizer’s” IP right.

Limits on Spin-Dependent WIMP-Nucleon Cross Sections from 225 Live Days of XENON100 Data

We present new experimental constraints on the elastic, spin-dependent WIMP-nucleon cross section using recent data from the XENON100 experiment, operated in the Laboratori Nazionali del Gran Sasso in Italy. An analysis of 224.6 live days x 34 kg of exposure acquired during 2011 and 2012 revealed no excess signal due to axial-vector WIMP interactions with Xe-129 and Xe-131 nuclei. This leads to the most stringent upper limits on WIMP-neutron cross sections for WIMP masses above 6 GeV/c(2), with a minimum cross section of 3.5 x 10(-40) cm(2) at a WIMP mass of 45 GeV/c(2), at 90% confidence level.

Biological, physical and chemical characteristics of water and sediment samples from the Volga River delta, northern Caspian

Based on the data of synchronous observations of hydrophysical and biogeochemical parameters in the near-mouth and shallow-water areas of the northern Caspian in 2000-2001, the scale of spatiotemporal variability in the following characteristics of the water-bottom system was estimated (1) flow velocity and direction within vortex structures formed by the combined effect of wind, discharge current, and the presence of higher aquatic plants; (2) dependence of the spatial distribution of the content and composition of suspended particulate matter on the hydrodynamic regime of waters and development of phytoplankton; (3) variations in the grain-size, petrographic, mineralogical, and chemical compositions of the upper layer of bottom sediments at several sites in the northern Caspian related to the particular local combination of dominant natural processes; and (4) limits of variability in the group composition of humus compounds in bottom sediments. The acquired data are helpful in estimating the geochemical consequences of a sea level rise and during the planning of preventive environmental protection measures in view of future oil and gas recovery in this region.

Physical Oceanography in the tropical Atlantic oxygen minimum zone

The replenishment of consumed oxygen in the open ocean oxygen minimum zone (OMZ) off northwest Africa is accomplished by oxygen transport across and along density surfaces, i.e. diapycnal and isopycnal oxygen supply. Here the diapycnal oxygen supply is investigated using a large observational set of oxygen profiles and diapycnal mixing data from years 2008 to 2010. Diapycnal mixing is inferred from different sources: (i) a large-scale tracer release experiment, (ii) microstructure profiles, and (iii) shipboard?acoustic current measurements plus density profiles. From these measurements, the average diapycnal diffusivity in the studied depth interval from 150 to 500m is estimated to be 1×10**-5 m2 s**-1, with lower and upper 95% confidence limits of 0.8×10**-5 m2 s**-1 and 1.4×10**-5 m2 s**-1. Diapycnal diffusivity in this depth range is predominantly caused by turbulence, and shows no significant vertical gradient. Diapycnal mixing is found to contribute substantially to the oxygen supply of the OMZ. Within the OMZ core, 1.5 µmol kg**-1 yr**-1 of oxygen is supplied via diapycnal mixing, contributing about one-third of the total demand. This oxygen which is supplied via diapycnal mixing originates from oxygen that has been laterally supplied within the upper CentralWater layer above the OMZ, and within the Antarctic Intermediate Water layer below the OMZ. Due to the existence of a separate shallow oxygen minimum at about 100m depth throughout most of the study area, there is no net vertical oxygen flux from the surface layer into the Central Water layer. Thus all oxygen supply of the OMZ is associated with remote pathways.

A Physical and Social Study of Mountain Bike Use on Five Segments of the Continental Divide National Scenic Trail in Colorado

This capstone reviews uses of the Continental Divide National Scenic Trail. Policies governing use of the trail appear to be ambiguous, especially regarding mountain bicycles. Mountain biking has grown since the trail was created, but is not fully addressed in existing or proposed policy. 382 people on five segments of the trail in Colorado were interviewed for this capstone. Mountain bikes, hiking, and motorized recreation were observed uses. User conflict, overcrowding, degraded recreation experiences, or user displacement was not reported. User satisfaction was high and most would return. Interviewees requested increased public involvement and recognition of user needs in setting policy. Trail degradation occurs, but is unassociated with any particular use. Recommendations for trail improvement and maintenance are presented.

Performance limits of graphene-ribbon field-effect transistors

The performance of field effect transistors based on an single graphene ribbon with a constriction and a single back gate are studied with the help of atomistic models. It is shown how this scheme, unlike that of traditional carbon-nanotube-based transistors, reduces the importance of the specifics of the chemical bonding to the metallic electrodes in favor of the carbon-based part of device. The ultimate performance limits are here studied for various constriction and metal-ribbon contact models. In particular, we show that, even for poorly contacting metals, properly tailored constrictions can give promising values for both the on conductance and the subthreshold swing.

A paper on the limits of measurement.

Mode of access: Internet.

Physical oceanography during POLARSTERN cruise ARK-XVIII/1a

In spite of the lack of bottom reaching convection in the Greenland Sea since the 1980s, convection continues to ventilate the Greenland Gyre down to intermediate depth. The variability of this ventilation activity is determined here annually for eight winters according to a multiple criteria catalogue, applied to annual summer conductivity-temperature-depth transects along 75°N. The comparison of the ventilation depths with the meteorological forcing, the ice cover, and the stratification of the water column shows the decisive influence of the hydrographic structure in the upper and intermediate layers. Ice, on the other hand, is not necessary for convection to occur. Ice formation does not even lead to particularly deep convection. A stability maximum, which currently dominates the vertical structure of the water column at medium depth, limits the ventilation depths effectively.

Understanding the limits of the seasonal prediction of sea ice in the Arctic

Thesis (Master's)--University of Washington, 2016-06

The electron optical limits of performance of single-polepiece magnetic electron lenses

The thesis is concerned with the electron properties of single-polepiece magnetic electron lenses especially under conditions of extreme polepiece saturation. The electron optical properties are first analysed under conditions of high polepiece permeability. From this analysis, a general idea can be obtained of the important parameters that affect ultimate lens performance. In addition, useful information is obtained concerning the design of improved lenses operating under conditions of extreme polepiece saturation, for example at flux densities of the order of 10 Tesla. It is shown that in a single-polepiece lens , the position and shape of the lens exciting coil plays an important role. In particular, the maximum permissible current density in the windings,rather than the properties of the iron, can set a limit to lens performance. This factor was therefore investigated in some detail. The axial field distribution of a single-polepiece lens, unlike that of a conventional lens, is highly asymmetrical. There are therefore two possible physical arrangements of the lens with respect to the incoming electron beam. In general these two orientations will result in different aberration coefficients. This feature has also been investigated in some detail. Single-pole piece lenses are thus considerably more complicated electron- optically than conventional double polepiece lenses. In particular, the absence of the usual second polepiece causes most of the axial magnetic flux density distribution to lie outside the body of the lens. This can have many advantages in electron microscopy but it creates problems in calculating the magnetic field distribution. In particular, presently available computer programs are liable to be considerably in error when applied to such structures. It was therefore necessary to find independent ways of checking the field calculations. Furthermore, if the polepiece is allowed to saturate, much more calculation is involved since the field distribution becomes a non-linear function of the lens excitation. In searching for optimum lens designs, care was therefore taken to ensure that the coil was placed in the optimum position. If this condition is satisfied there seems to be no theoretical limit to the maximum flux density that can be attained at the polepiece tip. However , under iron saturation condition, some broadening of the axial field distribution will take place, thereby changing the lens aberrations . Extensive calculations were therefore made to find the minimum spherical and chromatic aberration coefficients . The focal properties of such lens designs are presented and compared with the best conventional double-polepiece lenses presently available.

The socialization of teachers who teach young students experiencing physical disability in physical education

The purpose of this study was to explore the socialization of teachers in physical education, with a focus on their experiences of teaching and learning to teach children living with physical disabilities. Data were collected using qualitative interviews and through analysis of program calendars for publicly-funded institutions offering pre-service teacher education programs. Despite being largely viewed as the least effective form of socialization, pre-service teacher education has the potential to influence a teacher’s confidence and performance in the classroom. Results of this study indicate that the socialization experiences of teachers continue to be strong indicators of performance, and that both specialist and generalist teachers lack positive socialization experiences that include students with physical disabilities in physical education. This limits the experience, knowledge and skills they have to draw on in their physical education teaching practice. Coupled with a lack of resources and expertise available, teachers are left under-prepared and without enough resources to provide high quality physical education to children living with physical disabilities.