Breakfast at Tiffany's': eBay Inc., trade mark law, and counterfeiting

In an exploration of intellectual property and fashion, this article examines the question of the intermediary liability of online auction-houses for counterfeiting. In the United States, the illustrious jewellery store, Tiffany & Co, brought a legal action against eBay Inc, alleging direct trademark infringement, contributory trademark infringement, false advertising, unfair competition and trademark dilution. The luxury store depicted the online auction-house as a pirate bazaar, a flea-market and a haven for counterfeiting. During epic litigation, eBay Inc successfully defended itself against these allegations in a United States District Court and the United States Court of Appeals for the Second Circuit. Tiffany & Co made a desperate, unsuccessful effort to appeal the matter to the Supreme Court of the United States. The matter featured a number of interventions from amicus curiae — Tiffany was supported by Coty, the Fashion Designer's Guild, and the International Anticounterfeiting Coalition, while eBay was defended by publicly-spirited civil society groups such as Electronic Frontier Foundation, Public Citizen, and Public Knowledge as well as Yahoo!, Google Inc, Amazon.com, and associations representing telecommunications carriers and internet service providers. The litigation in the United States can be counterpointed with the fusillade of legal action against eBay in the European Union. In contrast to Tiffany & Co, Louis Vuitton triumphed over eBay in the French courts — claiming its victory as vindication of the need to protect the commercial interests and cultural heritage of France. However, eBay has fared somewhat better in a dispute with L’Oréal in Great Britain and the European Court of Justice. It is argued that, in a time of flux and uncertainty, Australia should follow the position of the United States courts in Tiffany & Co v eBay Inc. The final part examines the ramifications of this litigation over online auction-houses for trade mark law reform and consumer rights; parallel disputes over intermediary liability and safe harbours in the field of copyright law and the Anti-Counterfeiting Trade Agreement 2010. The conclusion calls for a revision of trade mark law, animated by a respect for consumers’ rights and interests in the electronic marketplace.

The functional liminality of the not-dead-yet students, or, how public schooling became compulsory: A glancing history

This paper redefines the focus for narrating histories of education in the USA through a ‘glancing history’. It highlights the important role played by ‘not-dead-yet students’ who occupied a liminal place on the scale of life in late nineteenth- and early twentieth-century. Traditional histories of education have been more singularly focused on the advent and dynamics of public schooling, ignoring the functionality of such child subjects to public schooling’s existence. This paper argues that public schools as historical objects cannot be understood outside of a broader trinary system of prior institutions that were established for ‘delinquent’ and ‘special’ children. These prior institutions facilitated the formation of ‘the public’ in public schooling less in opposition to ‘the private’ and more in consonance with ‘the human’. The existence of prior institutions enabled the enforcement of compulsory attendance legislation. Compulsory attendance legislation, in place across all existing states by 1918, was concerned more with the conditions for exclusion and exemption than with compelling attendance. Thus, at the most immediate level, this paper historicizes some of the discursive and hence institutional events that linked an array of tutelary complexes by the early 1900s, and which enabled such legislation. This part of the argument extends the notion of institution to consider broader places of confinement and systematicity. It examines the prior practice of reservation and slavery systems, and the efficacy they lent to further institutionalized segregation in the USA. At a second level, the narrative reflects on how such a narration has become possible. It considers how histories of education can currently be rethought and rewritten around the notion of dis/ability, historicizing the formation of dis/ability as identity categories made noticeable in part (and circularly) through the crystallization of a segregated but linked common schooling system. The paper thus provides a counter-memory against dominant economic foundationalist and psychomedical accounts of schooling’s past. It documents both ‘external’ conditions of possibility for public schooling’s emergence and ‘internal’ effects that emerged through the experiences of confinement

Technical efficiency of blood component preparation in blood centres of 10 European countries

Various reasons, such as ethical issues in maintaining blood resources, growing costs, and strict requirements for safe blood, have increased the pressure for efficient use of resources in blood banking. The competence of blood establishments can be characterized by their ability to predict the volume of blood collection to be able to provide cellular blood components in a timely manner as dictated by hospital demand. The stochastically varying clinical need for platelets (PLTs) sets a specific challenge for balancing supply with requests. Labour has been proven a primary cost-driver and should be managed efficiently. International comparisons of blood banking could recognize inefficiencies and allow reallocation of resources. Seventeen blood centres from 10 countries in continental Europe, Great Britain, and Scandinavia participated in this study. The centres were national institutes (5), parts of the local Red Cross organisation (5), or integrated into university hospitals (7). This study focused on the departments of blood component preparation of the centres. The data were obtained retrospectively by computerized questionnaires completed via Internet for the years 2000-2002. The data were used in four original articles (numbered I through IV) that form the basis of this thesis. Non-parametric data envelopment analysis (DEA, II-IV) was applied to evaluate and compare the relative efficiency of blood component preparation. Several models were created using different input and output combinations. The focus of comparisons was on the technical efficiency (II-III) and the labour efficiency (I, IV). An empirical cost model was tested to evaluate the cost efficiency (IV). Purchasing power parities (PPP, IV) were used to adjust the costs of the working hours and to make the costs comparable among countries. The total annual number of whole blood (WB) collections varied from 8,880 to 290,352 in the centres (I). Significant variation was also observed in the annual volume of produced red blood cells (RBCs) and PLTs. The annual number of PLTs produced by any method varied from 2,788 to 104,622 units. In 2002, 73% of all PLTs were produced by the buffy coat (BC) method, 23% by aphaeresis and 4% by the platelet-rich plasma (PRP) method. The annual discard rate of PLTs varied from 3.9% to 31%. The mean discard rate (13%) remained in the same range throughout the study period and demonstrated similar levels and variation in 2003-2004 according to a specific follow-up question (14%, range 3.8%-24%). The annual PLT discard rates were, to some extent, associated with production volumes. The mean RBC discard rate was 4.5% (range 0.2%-7.7%). Technical efficiency showed marked variation (median 60%, range 41%-100%) among the centres (II). Compared to the efficient departments, the inefficient departments used excess labour resources (and probably) production equipment to produce RBCs and PLTs. Technical efficiency tended to be higher when the (theoretical) proportion of lost WB collections (total RBC+PLT loss) from all collections was low (III). The labour efficiency varied remarkably, from 25% to 100% (median 47%) when working hours were the only input (IV). Using the estimated total costs as the input (cost efficiency) revealed an even greater variation (13%-100%) and overall lower efficiency level compared to labour only as the input. In cost efficiency only, the savings potential (observed inefficiency) was more than 50% in 10 departments, whereas labour and cost savings potentials were both more than 50% in six departments. The association between department size and efficiency (scale efficiency) could not be verified statistically in the small sample. In conclusion, international evaluation of the technical efficiency in component preparation departments revealed remarkable variation. A suboptimal combination of manpower and production output levels was the major cause of inefficiency, and the efficiency did not directly relate to production volume. Evaluation of the reasons for discarding components may offer a novel approach to study efficiency. DEA was proven applicable in analyses including various factors as inputs and outputs. This study suggests that analytical models can be developed to serve as indicators of technical efficiency and promote improvements in the management of limited resources. The work also demonstrates the importance of integrating efficiency analysis into international comparisons of blood banking.

Petition to legislature regarding religion in free schools

Digital image

Inclusão escolar de alunos com autismo: quem ensina e quem aprende?

Apesar do recente incremento nas matrículas de alunos com autismo nas escolas comuns, sua participação nas atividades escolares e aprendizagem ainda constitui-se como um grande desafio para os educadores. Considerando as características dos alunos que apresentam o quadro diagnóstico de autismo, a principal demanda para os professores é saber como desenvolver, no cotidiano das escolas, estratégias de ensino que favoreçam o processo de inclusão e aprendizagem deste alunado. O objetivo principal desta pesquisa foi analisar o papel da Educação Especial como suporte ao processo de inclusão escolar através da investigação das práticas pedagógicas de duas professoras do ensino comum que tinham alunos com autismo em suas classes. O objeto de estudo foi o Projeto de Acompanhamento à Inclusão de Alunos com Autismo desenvolvido no município de Angra dos Reis, RJ. O referido projeto tem como propósito subsidiar as escolas comuns da rede pública municipal no processo de inclusão de alunos com autismo, mais especificamente no que se refere à ação docente. Trata-se de uma pesquisa qualitativa, em que a metodologia da pesquisa-ação foi utilizada em dois estudos de caso correspondentes a duas experiências de inclusão de alunos com autismo em classes comuns. Os dados foram coletados por meio de diferentes procedimentos como a observação participante, entrevistas abertas e semi-estruturadas e filmagem. Como resultados consideramos que o acompanhamento direto da Educação Especial ao professor regente, em sala de aula, é favorável à inclusão de alunos com autismo. A utilização de adaptações curriculares com a flexibilização das estratégias de ensino, e a criação de atividades individualizadas para o aluno relacionadas ao proposto para a classe como um todo também foram fatores cuja importância foi evidenciada. Outro dado relevante da pesquisa foi o envolvimento da gestão da escola como facilitador na promoção de inclusão de alunos com autismo. Ainda que obstáculos precisem ser superados, a pesquisa revelou que a inclusão de alunos com autismo na escola comum, com o suporte da Educação Especial, impulsiona a aprendizagem de todos os envolvidos. Destaca-se o progresso dos alunos com autismo, como resultado direto da formação continuada do professor da escola comum. A pesquisa aponta, ainda, a demanda de novos estudos no campo da Educação Especial que permitam desenvolvimento melhores práticas de suporte à inclusão escolar e o processo de escolarização, de modo geral, deste público.

Um estudo dos textos clássicos do Ayurveda em perspectiva histórico antropológica.

Nas últimas duas décadas a racionalidade ayurvédica tornou-se popular no ociedente e está se expandindo rapidamente. Esta expansão é consequência do renascimetno do Ayurveda na Índia no século XX. Apesae do crescente interesse neste sistema antido de medicina pouco se tem explorado, no nosso meio, da dua gênese histórica e das pesquisas dos textos clássicos, riquíssimos em informação spbre esta antiga medicina e suas ferramentas de diagnóstico e terapêutica prevalente no subcontinente indiano há milhares de anos. O renascimento do Ayurveda se intensificou após a libertação da Índia da dominação britânica em 1947. Na década de 50 vários esforços foram realizados para promover o ensino e desenvolvimento desta racionalidade médica pelo governo indiano. A Medicina Ayurvédica se expandiu rapidamente pelo subcontinente e posteriormente pelo ocidente, Europa e Estados Unidos. No Brasil o Ayurveda chegou a meados dos anos 80 e se desenvolveu principalmente em Goiânia com o Hospital de Medicina Alternativa. Nesta instituição as plantas medicinais brasileiras receberam um leitura da racionalidade ayurvédica através dos vários médicos indianos que lá estiveram. Esta tese de natureza teórico-conceitual, mas com um enfoque histórico antropológico tem como objeto de estudo a gênese do Ayurveda e a análise crítica comparada dos textos clássico nas suas fontes primárias e secundárias. O período de formação desta racionalidade médica na Índia antiga ainda é objeto de muitas discussões dos autores modernos, isto ocorre por que a transformação de uma medicina mágico-religiosa dos textos védicos em um sistema empírico-racional do clássico Ayurveda não foi totalmente esclarecida pelos historiadores e pesquisadores ayurvedisas. Analiseremos os principais textos clássicos e seus autores de uma forma comparativa e simultaneamente tentaremos propor uma gênese histórica do Ayurveda, na antiga Índia, baseada nas traduções das fontes primárias e na literatura secundária dos autores orientais e ocidentais que estiveram ao nosso alcance durante a pesquisa.

Barriers to and facilitators of interventions to counter publication bias: thematic analysis of scholarly articles and stakeholder interviews.

BACKGROUND: When the nature and direction of research results affect their chances of publication, a distortion of the evidence base - termed publication bias - results. Despite considerable recent efforts to implement measures to reduce the non-publication of trials, publication bias is still a major problem in medical research. The objective of our study was to identify barriers to and facilitators of interventions to prevent or reduce publication bias. METHODS: We systematically reviewed the scholarly literature and extracted data from articles. Further, we performed semi-structured interviews with stakeholders. We performed an inductive thematic analysis to identify barriers to and facilitators of interventions to counter publication bias. RESULTS: The systematic review identified 39 articles. Thirty-four of 89 invited interview partners agreed to be interviewed. We clustered interventions into four categories: prospective trial registration, incentives for reporting in peer-reviewed journals or research reports, public availability of individual patient-level data, and peer-review/editorial processes. Barriers we identified included economic and personal interests, lack of financial resources for a global comprehensive trial registry, and different legal systems. Facilitators identified included: raising awareness of the effects of publication bias, providing incentives to make data publically available, and implementing laws to enforce prospective registration and reporting of clinical trial results. CONCLUSIONS: Publication bias is a complex problem that reflects the complex system in which it occurs. The cooperation amongst stakeholders to increase public awareness of the problem, better tailoring of incentives to publish, and ultimately legislative regulations have the greatest potential for reducing publication bias.

Modelling high particulate matter and ozone episodes in the Trans-Manche region

There is concern in the Cross-Channel region of Nord-Pas-de-Calais (France) and Kent (Great Britain), regarding the extent of atmospheric pollution detected in the area from emitted gaseous (VOC, NOx, S02)and particulate substances. In particular, the air quality of the Cross-Channel or "Trans-Manche" region is highly affected by the heavily industrial area of Dunkerque, in addition to transportation sources linked to cross-channel traffic in Kent and Calais, posing threats to the environment and human health. In the framework of the cross-border EU Interreg IIIA activity, the joint Anglo-French project, ATTMA, has been commissioned to study Aerosol Transport in the Trans-Manche Atmosphere. Using ground monitoring data from UK and French networks and with the assistance of satellite images the project aims to determine dispersion patterns. and identify sources responsible for the pollutants. The findings of this study will increase awareness and have a bearing on future air quality policy in the region. Public interest is evident by the presence of local authorities on both sides of the English Channel as collaborators. The research is based on pollution transport simulations using (a) Lagrangian Particle Dispersion (LPD) models, (b) an Eulerian Receptor Based model. This paper is concerned with part (a), the LPD Models. Lagrangian Particle Dispersion (LPD) models are often used to numerically simulate the dispersion of a passive tracer in the planetary boundary layer by calculating the Lagrangian trajectories of thousands of notional particles. In this contribution, the project investigated the use of two widely used particle dispersion models: the Hybrid Single Particle Lagrangian Integrated Trajectory (HYSPLIT) model and the model FLEXPART. In both models forward tracking and inverse (or·. receptor-based) modes are possible. Certain distinct pollution episodes have been selected from the monitor database EXPER/PF and from UK monitoring stations, and their likely trajectory predicted using prevailing weather data. Global meteorological datasets were downloaded from the ECMWF MARS archive. Part of the difficulty in identifying pollution sources arises from the fact that much of the pollution outside the monitoring area. For example heightened particulate concentrations are to originate from sand storms in the Sahara, or volcanic activity in Iceland or the Caribbean work identifies such long range influences. The output of the simulations shows that there are notable differences between the formulations of and Hysplit, although both models used the same meteorological data and source input, suggesting that the identification of the primary emissions during air pollution episodes may be rather uncertain.

Playhouse creatures: the struggle towards virtuosity

The conflation of the actress and the whore is as old as time, and, perhaps unsurprisingly, continues to excite interest from academics, writers and audiences. April de Angelis’ Playhouse Creatures was inspired by Elizabeth Howe’s seminal The First English Actresses (1992), which was the first academic reading of the Restoration actress, since the 1950’s. Howe saw the first English actresses as victims of the Restoration male gaze: sexually displayed and exploited. In this paper Howe’s reading and de Angelis’s realisation will be examined alongside archival research and the help of the cast of this year’s production of Playhouse Creatures in order to discover another story, the development of the actress as virtuoso. [From the Author]

For the record

Discusses her film, For the Record, the making of which was funded by the Arts and Humanities Research Council. The research material used in the making of FOR THE RECORD consists of official records, private diaries, personal testimony, historical expert interviews and archive footage - all related to the Internment period 1956-1960 in Northern Ireland. Through the use of clips from the film and footage that did not make it into the final cut, this talk examines how selected material is used and to what purpose. FOR THE RECORD is a film about a daughter documenting a period in her father's life and centres on PJ McClean's prison diary, secretly written on the inside of envelopes during the first 30 days in his cell. This brings the viewer into the intimate space of personal testimony. This intimacy is also reflected in the interviews between father and daughter. Throughout the film the diaries are illustrated by experimental Super8 and 16mm footage shot by the filmmaker, over a period of 10 years, of home life. The film unravels the complex story of internment; the why, the how and the ‘for what’? Official records obtained from the Public Records Office Northern Ireland (which have been closed to the public for the past fifty years) combine with archive footage of the then Northern Irish Prime Minister, Basil Brookeborough, to give a wider political perspective to this personal testament. FOR THE RECORD deals with memory, memorabilia and the question of testimony in a complex political landscape. [From the Author]

Contribution to the knowledge of the genus "Cladonia" in Macaronesia

Sixteen species of the genus Cladonia are reported from Macaronesia from the Canary Islands. Three species are new to canarian flora and, two of them new to Macaronesia. The chemical variation of the taxa is reported. A phytogeographic distribution of the taxa with data on their habitat and ecology are presented.

First report of "Cotoneaster pannosus" Franch. ("Rosaceae") in Tarragona Province, and updated distribution area in Spain

Cotoneaster pannosus (Rosaceae), an ornamental shrub native to China, is reported for the first time in Tarragona Province (Catalonia, Spain). Data on demography and accompanying species for the new locality are provided, in addition to a chrorological update at nation level.

GB Non-native Species Information Portal: documenting the arrival of non-native species in Britain

Information on non-native species (NNS) is often scattered among a multitude of sources, such as regional and national databases, peer-reviewed and grey literature, unpublished research projects, institutional datasets and with taxonomic experts. Here we report on the development of a database designed for the collation of information in Britain. The project involved working with volunteer experts to populate a database of NNS (hereafter called “the species register”). Each species occupies a row within the database with information on aspects of the species’ biology such as environment (marine, freshwater, terrestrial etc.), functional type (predator, parasite etc.), habitats occupied in the invaded range (using EUNIS classification), invasion pathways, establishment status in Britain and impacts. The information is delivered through the Great Britain Non-Native Species Information Portal hosted by the Non-Native Species Secretariat. By the end of 2011 there were 1958 established NNS in Britain. There has been a dramatic increase over time in the rate of NNS arriving in Britain and those becoming established. The majority of established NNS are higher plants (1,376 species). Insects are the next most numerous group (344 species) followed by non-insect invertebrates (158 species), vertebrates (50 species), algae (24 species) and lower plants (6 species). Inventories of NNS are seen as an essential tool in the management of biological invasions. The use of such lists is diverse and far-reaching. However, the increasing number of new arrivals highlights both the dynamic nature of invasions and the importance of updating NNS inventories.

Life Around the Turbines

Life around the Turbines is an outreach project developed by the Marine Biological Association of the UK (MBA) funded by COWRIE (Collaborative Offshore Wind Research into the Environment). The project was designed to promote the need for renewable energy, raise awareness of marine biodiversity and generate discussions about offshore wind farms particularly with school children around Great Britain. The project has run from 2008 – 2014 and has involved workshops with schools all around Great Britain; production of online resources and a series of training events and tools for marine educators. All of the resources and workshops were developed to correlate with the national curricula for England, Scotland and Wales and cover a range of topics including science, citizenship and technology. Combining charismatic marine wildlife with technology and interactive, hands-on workshop activities has proved a successful and popular combination, received well by students and teachers. We present the methods of engagement used and some of the information received through a basic activity evaluation process. We will also share information about how conference participants can obtain and utilise free resources to support their own outreach and teaching at www.mba.ac.uk/education.

Cowpox: reservoir hosts and geographic range

It is generally accepted that the reservoir hosts of cowpox virus are wild rodents, although direct evidence for this is lacking for much of the virus's geographic range. Here, through a combination of serology and PCR, we demonstrate conclusively that the main hosts in Great Britain are bank voles, wood mice and short-tailed field voles. However, we also suggest that wood mice may not be able to maintain infection alone, explaining the absence of cowpox from Ireland where voles are generally not found. Infection in wild rodents varies seasonally, and this variation probably underlies the marked seasonal incidence of infection in accidental hosts such as humans and domestic cats.