An economic analysis of unilateral refusals to license intellectual property

The intellectual property laws in the United States provide the owners of intellectual property with discretion to license the right to use that property or to make or sell products that embody the intellectual property. However, the antitrust laws constrain the use of property, including intellectual property, by a firm with market power and may place limitations on the licensing of intellectual property. This paper focuses on one aspect of antitrust law, the so-called “essential facilities doctrine,” which may impose a duty upon firms controlling an “essential facility” to make that facility available to their rivals. In the intellectual property context, an obligation to make property available is equivalent to a requirement for compulsory licensing. Compulsory licensing may embrace the requirement that the owner of software permit access to the underlying code so that others can develop compatible application programs. Compulsory licensing may undermine incentives for research and development by reducing the value of an innovation to the inventor. This paper shows that compulsory licensing also may reduce economic efficiency in the short run by facilitating the entry of inefficient producers and by promoting licensing arrangements that result in higher prices.

Processing of speech signals for physical and sensory disabilities.

Assistive technology involving voice communication is used primarily by people who are deaf, hard of hearing, or who have speech and/or language disabilities. It is also used to a lesser extent by people with visual or motor disabilities. A very wide range of devices has been developed for people with hearing loss. These devices can be categorized not only by the modality of stimulation [i.e., auditory, visual, tactile, or direct electrical stimulation of the auditory nerve (auditory-neural)] but also in terms of the degree of speech processing that is used. At least four such categories can be distinguished: assistive devices (a) that are not designed specifically for speech, (b) that take the average characteristics of speech into account, (c) that process articulatory or phonetic characteristics of speech, and (d) that embody some degree of automatic speech recognition. Assistive devices for people with speech and/or language disabilities typically involve some form of speech synthesis or symbol generation for severe forms of language disability. Speech synthesis is also used in text-to-speech systems for sightless persons. Other applications of assistive technology involving voice communication include voice control of wheelchairs and other devices for people with mobility disabilities.

Representational Subversions and the Limits of Postcoloniality: Shahzia Sikander's Strategic Contemporaneity

Transnational artist Shahzia Sikander challenges the limitations of Edward Said's postcolonial emphasis on secular humanism by deploying the heterogeneous traditions of South Asian miniature painting while strategically drawing on tradition to critique contemporaneity. Through a palimpsest process of composition, Sikander reincorporates the unknown and silenced histories implicit in the tradition of miniature painting to create social imaginaries with motifs that draw on the diverse traditions of South Asian religions and aesthetics to create a subversive politics of remembering wherein alternative images of cosmopolitanism emerge. Through a sustained analysis, this dissertation demonstrates how these alternative traditions interrogate and critique the limitations of postcolonial theory. Particularly important to this critique are some recent approaches of Third World feminists that highlight the limitations of secular humanism implicit in much of postcolonial critique. Sikander's compositions mirror these approaches as her motifs of the feminine become an intervention into the spiritual emptiness and ethical confusions of contemporaneity. In effect, Sikander's work is an intervention, a warning, and a plea for the re-invention of positive alternatives as her images embody and facilitate a critical and daring consciousness that is necessary to both our social and spiritual well-being.

Constitucionalismo principialista y constitucionalismo garantista

En este artículo, el autor presenta las diferencias más relevantes entre el neoconstitucionalismo y el constitucionalismo garantista. En primer lugar, afirma que el constitucionalismo puede ser concebido de dos formas opuestas: como una superación del positivismo jurídico en sentido tendencialmente iusnaturalista o como su expansión o perfeccionamiento, realizando para llevar a cabo esta labor una revisión terminológica. En segundo lugar, el autor considera que si las constituciones incorporan principios de justicia de carácter ético-político desaparece el principal rasgo distintivo del positivismo jurídico: la separación entre Derecho y moral o entre validez y justicia. A continuación, considera al constitucionalismo garantista como un iuspositivismo reforzado, completando al Estado de Derecho porque comporta el sometimiento al Derecho y al control de constitucionalidad. En cuarto lugar, el autor afirma que la tesis de que todo ordenamiento jurídico satisface objetivamente algún «mínimo ético» no es más que la vieja tesis iusnaturalista, que termina por convertirse en la actual versión del legalismo ético que es el constitucionalismo ético, en virtud del cual los principios constitucionales se pretenden objetivamente justos. En quinto lugar, el autor realiza una crítica a la contraposición entre principios y reglas, en los que se basa una concepción de la constitución y del constitucionalismo opuesta a la concepción positivista y garantista. En sexto lugar, el autor afirma que la idea de que los principios constitucionales son siempre objeto de ponderación y no de aplicación genera un peligro para la independencia de la jurisdicción y para su legitimación política. Finalmente, el autor considera que el constitucionalismo conlleva un debilitamiento y virtualmente un colapso de la normatividad de los principios constitucionales, así como una degradación de los derechos fundamentales establecidos en ellas a meras recomendaciones genéricas de carácter ético-político.

O papel simbólico da língua na construção das identidades nacionais : o caráter identitário da discussão sobre o AO90 em Portugal

Tese de doutoramento, Estudos de Literatura e de Cultura (Cultura e Comunicação), Universidade de Lisboa, Faculdade de Letras, 2016

Mixed Public-Private Enterprises in Europe: Economic Theory and an Empirical Analysis of Italian Water Utilities. Bruges European Economic Research (BEER) Papers 4/July 2006

Mixed enterprises, which are entities jointly owned by the public and private sector, are spreading all over Europe in local utilities. Well aware that in the vast majority of cases the preference of local authorities towards such governance structure is determined by practical reasons rather than by the ambition to implement new regulatory designs (an alternative to the typical “external” regulation), our purpose is to confer some scientific value to this phenomenon which has not been sufficiently investigated in the economic literature. This paper aims at proposing an economic analysis of mixed enterprises, especially of the specific configuration in which the public partner acts as controller and the private one (or “industrial” partner) as service provider. We suggest that the public service concession to mixed enterprises could embody, under certain conditions, a noteworthy substitute to the traditional public provision and the concession to totally private enterprises, as it can push regulated operators to outperform and limit the risk of private opportunism. The starting point of the entire analysis is that ownership allows the (public) owner to gather more information about the actual management of the firm, according to property rights theory. Following this stream of research, we conclude that under certain conditions mixed enterprises could significantly reduce asymmetric information between regulators and regulated firms by implementing a sort of “internal” regulation. With more information, in effect, the public authority (as owner/controller of the regulated firm, but also as member of the regulatory agency) can stimulate the private operator to be more efficient and can monitor it more effectively with respect to the fulfilment of contractual obligations (i.e., public service obligations, quality standards, etc.). Moreover, concerning the latter function, the board of directors of the mixed enterprise can be the suitable place where public and private representatives (respectively, welfare and profit maximisers) can meet to solve all disputes arising from incomplete contracts, without recourse to third parties. Finally, taking into account that a disproportionate public intervention in the “private” administration (or an ineffective protection of the general interest) would imply too many drawbacks, we draw some policy implications that make an equitable debate on the board of the firm feasible. Some empirical evidence is taken from the Italian water sector.

Modell Deutschland as an Interdenominational Compromise, CES Germany & Europe Working Papers, No. 00.3, 2000

Usually, Germany’s social market economy is understood to embody a compromise between a liberal market order and a corporatist welfare state. While this reading of the German case is certainly not entirely wrong, this paper argues that only if we account for the close intellectual correspondence between lutheran Protestantism and economic liberalism on the one hand and between Catholicism and welfare corporatism on the other, can we fully comprehend the nature of the German post-war compromise. In particular, this perspective allows to better explain the anti-liberal undercurrents of Germany’s soziale Marktwirtschaft. It was especially the role which Protestant Ordoliberals ascribed to the state in upholding economic order and market discipline which accounts for the major difference between ‘classic’ and ‘German-style’ economic liberalism. Yet, the postwar economic order did not represent a deliberately struck compromise between the two major Christian denominations. Rather, Germany’s social market economy was the result of the failure of German Protestant Ordoliberals to prevent the reconstruction of the catholic Bismarckian welfare state after the authoritarian solution, which Ordoliberals had endorsed so strongly up until 1936 and from which they had hoped the re-inauguration of Protestant hegemony, had so utterly failed. Since the ordoliberal doctrine up to the present day lacks a clear understanding of the role of the corporatist welfare state within the German political economy, its insights into the functioning logic of German capitalism have remained limit. The paper also claims that accounting for the denominational roots of the postwar compromise allows us to better understand the relationship between consociationalism and corporatism in ‘Modell Deutschland’.

I. Arrays of sex pheromone traps and the important variables affecting catches of gypsy moth, Lymantria dispar (Linneaus [sic]) Lepidoptera: Lymantriidae /

"May 1980."

The ecology, habits and growth of the pike, Esox lucius.

Thesis (Ph.D.) - Cornell Univ., 1910.

An outline of stream study and the development of a stocking policy

Cover-title.

The advantages of rearing brook trout fingerlings from selected breeders ...

Cover-title.

Brahmoism; or, History of reformed Hinduism from its origin in 1830, under Rajah Mohun Roy, to the present time : with a particular account of Babu Keshub Chunder Sen's connection with the movement /

"These papers embody the substance of lectures delivered in various places in India, both in Urdu and in English ... The second, the third, and the fifth have appeared as articles in the India evangelical review."--Pref.

The key to true Christianity: being a series of letters addressed to Rev. J. D. Blackwell, D. D. pastor of the Cumberland Street Methodist Episcopal Church, Norfolk, Va.,

A discussion of Sabbath observance is included, p. 120-151.

Towards Automation in Digital Investigations : Seeking Efficiency in Digital Forensics in Mobile and Cloud Environments

Cybercrime and related malicious activity in our increasingly digital world has become more prevalent and sophisticated, evading traditional security mechanisms. Digital forensics has been proposed to help investigate, understand and eventually mitigate such attacks. The practice of digital forensics, however, is still fraught with various challenges. Some of the most prominent of these challenges include the increasing amounts of data and the diversity of digital evidence sources appearing in digital investigations. Mobile devices and cloud infrastructures are an interesting specimen, as they inherently exhibit these challenging circumstances and are becoming more prevalent in digital investigations today. Additionally they embody further characteristics such as large volumes of data from multiple sources, dynamic sharing of resources, limited individual device capabilities and the presence of sensitive data. These combined set of circumstances make digital investigations in mobile and cloud environments particularly challenging. This is not aided by the fact that digital forensics today still involves manual, time consuming tasks within the processes of identifying evidence, performing evidence acquisition and correlating multiple diverse sources of evidence in the analysis phase. Furthermore, industry standard tools developed are largely evidence-oriented, have limited support for evidence integration and only automate certain precursory tasks, such as indexing and text searching. In this study, efficiency, in the form of reducing the time and human labour effort expended, is sought after in digital investigations in highly networked environments through the automation of certain activities in the digital forensic process. To this end requirements are outlined and an architecture designed for an automated system that performs digital forensics in highly networked mobile and cloud environments. Part of the remote evidence acquisition activity of this architecture is built and tested on several mobile devices in terms of speed and reliability. A method for integrating multiple diverse evidence sources in an automated manner, supporting correlation and automated reasoning is developed and tested. Finally the proposed architecture is reviewed and enhancements proposed in order to further automate the architecture by introducing decentralization particularly within the storage and processing functionality. This decentralization also improves machine to machine communication supporting several digital investigation processes enabled by the architecture through harnessing the properties of various peer-to-peer overlays. Remote evidence acquisition helps to improve the efficiency (time and effort involved) in digital investigations by removing the need for proximity to the evidence. Experiments show that a single TCP connection client-server paradigm does not offer the required scalability and reliability for remote evidence acquisition and that a multi-TCP connection paradigm is required. The automated integration, correlation and reasoning on multiple diverse evidence sources demonstrated in the experiments improves speed and reduces the human effort needed in the analysis phase by removing the need for time-consuming manual correlation. Finally, informed by published scientific literature, the proposed enhancements for further decentralizing the Live Evidence Information Aggregator (LEIA) architecture offer a platform for increased machine-to-machine communication thereby enabling automation and reducing the need for manual human intervention.

What is a gene today?

Historians of genetics agree that multiple conceptions of the gene have coexisted at each stages in the history of genetics and that the resulting partial ambiguity has often contributed to the success of genetics, both because workers in different areas have needed to communicate and to draw on one another’s results despite wrestled with very different scientific challenges, and because empirical findings have often challenged the presuppositions of existing conceptions of the gene. Today, a number of different conceptions of the gene coexist in the biosciences. An ‘instrumental’ gene similar to that of classical genetics retains a critical role in the construction and interpretation of experiments in which the relationship between genotype and phenotype is explored via hybridization between organisms or directly between nucleic acid molecules. It also plays an important theoretical role in the foundations of disciplines such as quantitative genetics and population genetics. A ‘nominal’ gene, defined by the practice of genetic nomenclature, is a critical practical tool and allows communication between bioscientists in a wide range of fields to be grounded in welldefined sequences of nucleotides. This concept, however, does not embody major theoretical insights into genome structure or function. Instead, a ‘post-genomic’ conception of the gene embodies the continuing project of understanding how genome structure supports genome function, but with a deflationary picture of the gene as a structural unit. This final concept of the gene poses a significant challenge to earlier assumptions about the relationship between genome structure and function, and between genotype and phenotype.