Free software and the law. Out of the frying pan and into the fire: How shaking up intellectual property suits competition law just fine

Free software is viewed as a revolutionary and subversive practice, and in particular has dealt a strong blow to the traditional conception of intellectual property law (although in its current form could be considered a 'hack' of IP rights). However, other (capitalist) areas of law have been swift to embrace free software, or at least incorporate it into its own tenets. One area in particular is that of competition (antitrust) law, which itself has long been in theoretical conflict with intellectual property, due to the restriction on competition inherent in the grant of ‘monopoly’ rights by copyrights, patents and trademarks. This contribution will examine how competition law has approached free software by examining instances in which courts have had to deal with such initiatives, for instance in the Oracle Sun Systems merger, and the implications that these decisions have on free software initiatives. The presence or absence of corporate involvement in initiatives will be an important factor in this investigation, with it being posited that true instances of ‘commons-based peer production’ can still subvert the capitalist system, including perplexing its laws beyond intellectual property.

Volume change behaviour of fine grained solis

Soils in and and semi-arid zones undergoes volume changes due to wetting. Depending upon the type of clay minerals present, degree of saturation, externally applied load and bonding, the fine grained soils either swells or compresses. One of the parameter that affects the volume change behaviour is the primary clay mineral present in their clay size fraction. A simple method of identifying the same has been presented. It has been brought out that in an expansive unsaturated undisturbed soil, the diffuse double layer repulsion, the stress state and the bonding play significant role in their volume change behaviour. In non-expansive fine grained unsaturated undisturbed soils, the shearing resistance at particle level (including the matrix suction and bonding) and fabric play a significant role in influencing the volume change behaviour. While both the mechanism co-exist, one of them play a dominant role depending upon the primary clay mineral is swelling or non swelling.

Fine Structure of the Rayleigh Line in Amorphous Substances

As is well known, when monochromatic light scattered by a liquid is examined under high resolution it exhibits a fine structure: an undisplaced central line and two lines on either side with wavelengths slightly different from that of the incident light. The appearance of the displaced components was first predicted by Brillouin1. On the basis of his theory, the observed displacements of frequency are regarded as a Doppler effect arising from the reflexion of the light wave by the progressive sound waves of thermal origin in the scattering medium. The frequency shift of the so-called Brillouin components is given by the formula where nu and c are the velocities of sound and light in the medium and theta is the angle of scattering. That the effect contemplated by Brillouin does arise in liquids and crystals is now a well-established experimental fact.

Magnetic properties of nanostructured ferrimagnetic zinc ferrite

Nanostructured ZnFe2O4 ferrites with different grain sizes were prepared by high energy ball milling for various milling times. Both the average grain size and the root mean square strain were estimated from the x-ray diffraction line broadening. The lattice parameter initially decreases slightly with milling and it increases with further milling. The magnetization is found to increase as the grain size decreases and its large value is attributed to the cation inversion associated with grain size reduction. The Fe-57 Mossbauer spectra were recorded at 300 K and 77 K for the samples with grain sizes of 22 and 11 nm. There is no evidence for the presence of the Fe2+ charge state. At 77 K the Mossbauer spectra consist of a magnetically ordered component along with a doublet due to the superparamagnetic behaviour of small crystalline grains with the superparamagnetic component decreasing with grain size reduction. At 4.2 K the sample with 11 nm grain size displays a magnetically blocked state as revealed by the Mossbauer spectrum. The Mossbauer spectrum of this sample recorded at 10 K in an external magnetic field of 6 T applied parallel to the direction of gamma rays clearly shows ferrimagnetic ordering of the sample. Also, the sample exhibits spin canting with a large canting angle, maybe due to a spin-glass-like surface layer or grain boundary anisotropies in the material.

Drained shear strength of fine-grained soil-solid surface interfaces

Herein are reported the results of an investigation on the effective angle of interfacial friction between fine-grained soils and solid surfaces as influenced by the roughness of the material surface, the soil type and the overconsolidation ratio. The ratio of interfacial friction angle to the angle of internal friction (evaluated at constant overconsolidation ratio) of the soil is independent of the overconsolidation ratio. An empirical correlation between this ratio and the roughness of the interface has been proposed.

Characterization of barium titanate fine powders formed from hydrothermal crystallization

A detailed evaluation of size, shape and microstrains of BaTiO3 crystallites produced by hydrothermal crystallization at 90 – 180 °C and 0.1 – 1.2 MPa, from amorphous TiO2· xH2O (3 < × < 8) gel and aqueous Ba(OH)2 is presented, using X-ray line-broadening and TEM studies. Whereas the concentration of Ba(OH)2 and the acceptor impurities affect the crystallite shape, the stoichimetry with respect to Ba/Ti, donor as well as acceptor impurities, and the temperature of crystallization influence the microstrains. It is shown that strains in the crystallites are related to the point defects in the lattice. Compensation of the residually present hydroxyl ions in the oxygen sublattice by cation vacancies results in strains leading to metastable presence of the cubic phase at room temperature. Studies on the diffuse phase transition behaviour of these submicron powders show that the stable tetragonal phase is produced only on annealing at high temperatures where the mobility of cations vacancies are larger. Heat-treatment reduces anisotropy and strain in undoped samples, whereas annealing is less effective in doped materials. Comparison of the crystillite size by TEM showed better agreement with the Warren—Averbach method.

Studies on high‐density nickel zinc ferrite and its magnetic properties using novel hydrazine precursors

Nickel zinc ferrites have been very widely used in the high‐frequency applications. In our present study we have prepared Ni1−x Znx Fe2O4 (0≤x≤1) using novel hydrazinium metal hydrazinecarboxylate precursors. High densities (∼99%) have been obtained for all the ferrites sintered at relatively low temperatures, 1100 °C, in comparison with the conventional method (≥1200 °C). The variation of magnetic properties like magnetic moment, Curie temperature, and permeability with zinc concentration have been studied.

Ultra-fine Grain Materials by Severe Plastic Deformation: Application to Steels

Severe plastic deformation techniques are known to produce grain sizes up to submicron level. This leads to conventional Hall-Petch strengthening of the as-processed materials. In addition, the microstructures of severe plastic deformation processed materials are characterized by relatively lower dislocation density compared to the conventionally processed materials subjected to the same amount of strain. These two aspects taken together lead to many important attributes. Some examples are ultra-high yield and fracture strengths, superplastic formability at lower temperatures and higher strain rates, superior wear resistance, improved high cycle fatigue life. Since these processes are associated with large amount of strain, depending on the strain path, characteristic crystallographic textures develop. In the present paper, a detailed account of underlying mechanisms during SPD has been discussed and processing-microstructure-texture-property relationship has been presented with reference to a few varieties of steels that have been investigated till date.

Decomposition of Scots pine fine woody debris in boreal conditions

"Litter quality and environmental effects on Scots pine (Pinus sylvestris L.) fine woody debris (FWD) decomposition were examined in three forestry-drained peatlands representing different site types along a climatic gradient from the north boreal (Northern Finland) to south (Southern Finland) and hemiboreal (Central Estonia) conditions. Decomposition (percent mass loss) of FWD with diameter <= 10 mm (twigs) and FWD with diameter > 10 mm (branches) was measured using the litter bag method over 1-4-year periods. Overall, decomposition rates increased from north to south, the rate constants (k values) varying from 0.128 to 0.188 year(-1) and from 0.066 to 0.127 year(-1) for twigs and branches, respectively. On average, twigs had lost 34%, 19% and 19%, and branches 25%, 17% and 11% of their initial mass after 2 years of decomposition at the hemiboreal, south boreal and north boreal sites, respectively. After 4 years at the south boreal site the values were 48% for twigs and 42% for branches. Based on earlier studies, we suggest that the decomposition rates that we determined may be used for estimating Scots pine FWD decomposition in the boreal zone, also in upland forests. Explanatory models accounted for 50.4% and 71.2% of the total variation in FWD decomposition rates when the first two and all years were considered, respectively. The variables most related to FWD decomposition included the initial ash, water extractives and Klason lignin content of litter, and cumulative site precipitation minus potential evapotranspiration. Simulations of inputs and decomposition of Scots pine FWD and needle litter in south boreal conditions over a 60-year period showed that 72 g m(-2) of organic matter from FWD vs. 365 g m(-2) from needles accumulated in the forest floor. The annual inputs varied from 5.7 to 15.6 g m(-2) and from 92 to 152 g m(-2) for FWD and needles, respectively. Each thinning caused an increase in FWD inputs, Up to 510 g m(-2), while the needle inputs did not change dramatically. Because the annual FWD inputs were lowered following the thinnings, the overall effect of thinnings on C accumulation from FWD was slightly negative. The contribution of FWD to soil C accumulation, relative to needle litter, seems to be rather minor in boreal Scots pine forests. (C) 2008 Elsevier B.V. All rights reserved."

Technique for Using Fine-Grained Soil in Reinforced Earth

The performance of reinforced earth structures depends on the mobilization of interfacial shearing resistance between soil and reinforcement. This criterion typically eliminates the use of fine-grained soil as a backfill material in reinforced earth structures. Considering the distribution of induced interfacial shear stress in soil around the surface of the reinforcement, it has been shown that only a thin zone of frictional material around the reinforcement is required to mobilize almost full interfacial shearing resistance of sand. Six series of pullout tests have been conducted, with different types of reinforcement, to study the effect of thickness of sand (frictional material) around the reinforcement on the pullout resistance. Sawdust and kaolin clay have been used as bulk backfill material, providing the soil with negligible friction. With low-friction-strength soil as bulk material, a 15-mm thickness of sand around the reinforcement is required to increase the interfacial shearing resistance to that with sand as the bulk material. With this new technique, low-frictional fine-grained soils can be used as bulk backfill material in reinforced earth constructions.

Does the age of fine root carbon indicate the age of fine roots in boreal forests?

To test the reliability of the radiocarbon method for determining root age, we analyzed fine roots (originating from the years 1985 to 1993) from ingrowth cores with known maximum root age (1 to 6 years old). For this purpose, three Scots pine (Pinus sylvestris L.) stands were selected from boreal forests in Finland. We analyzed root 14C age by the radiocarbon method and compared it with the above-mentioned known maximum fine root age. In general, ages determined by the two methods (root 14C age and ingrowth core root maximum age) were in agreement with each other for roots of small diameter (<0.5mm). By contrast, in most of the samples of fine roots of larger diameter (1.5-2mm), the 14C age of root samples of 1987-89 exceeded the ingrowth core root maximum age by 1-10 years. This shows that these roots had received a large amount of older stored carbon from unknown sources in addition to atmospheric CO2 directly from photosynthesis. We conclude that the 14C signature of fine roots, especially those of larger diameter, may not always be indicative of root age, and that further studies are needed concerning the extent of possible root uptake of older carbon and its residence time in roots. Keywords: fine root age, Pinus sylvestris, radiocarbon, root carbon, ingrowth cores, tree ring

Combustion synthesis and properties of fine-particle rare-earth-metal zirconates, Ln2Zr2O7

Fine-particle rare-earth-metal zirconates, Ln2Zr2O7, where Ln = La, Ce, Pr, Nd, Sm, Gd and Dy having the pyrochlore structure have been prepared using a novel combustion process. The process employs aqueous solutions of the corresponding rare-earth-metal nitrate, zirconium nitrate and carbohydrazide/urea in the required molar ratio. When the solution is rapidly heated to 350–500 °C it boils, foams and burns autocatalytically to yield voluminous oxides. The formation of single-phase Ln2Zr2O7 has been confirmed by powder X-ray diffraction, infrared and fluorescence spectroscopy. The solid combustion products are fine, having surface areas in the range 6–20 m2 g–1. The cold-pressed Pr2Zr2O7 compact when sintered at 1500 °C, 4 h in air, achieved 99% theoretical density.

Combustion Synthesis and Properties of Fine Particle Spinel Manganites

Fine particle spinel manganites have been prepared by thermal decomposition of the precursors N2H5M1/3Mn2/3(N2H3COO)3 · H2O (M = Co and Ni) and M1/3 Mn2/3(N2H3COO)2 · 2H2O (M = Mg and Zn), as well as by the combustion of redox mixtures containing M(II) nitrate (M = Mg, Co, Ni, Cu, and Zn), Mn(II) nitrate, and maleic hydrazide (MH) in the required molar ratio. Both the precursor and redox mixtures undergo self-propagating, gas-producing, exothermic reactions once ignited at 250-375°C to yield corresponding manganites in less than 5 min. Formation of single phase products was confirmed by X-ray powder diffraction patterns. The manganites are of submicrometer size and have surface area in the range 20-76 m2/g.