Derrida and metaphor : drawing out the relation between metaphor and proper meaning through différance

Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal

Database Rights in Safe European Home: The Path to More Rigorous Protection of Information

1. Introduction "The one that has compiled ... a database, the collection, securing the validity or presentation of which has required an essential investment, has the sole right to control the content over the whole work or over either a qualitatively or quantitatively substantial part of the work both by means of reproduction and by making them available to the public", Finnish Copyright Act, section 49.1 These are the laconic words that implemented the much-awaited and hotly debated European Community Directive on the legal protection of databases,2 the EDD, into Finnish Copyright legislation in 1998. Now in the year 2005, after more than half a decade of the domestic implementation it is yet uncertain as to the proper meaning and construction of the convoluted qualitative criteria the current legislation employs as a prerequisite for the database protection both in Finland and within the European Union. Further, this opaque Pan-European instrument has the potential of bringing about a number of far-reaching economic and cultural ramifications, which have remained largely uncharted or unobserved. Thus the task of understanding this particular and currently peculiarly European new intellectual property regime is twofold: first, to understand the mechanics and functioning of the EDD and second, to realise the potential and risks inherent in the new legislation in economic, cultural and societal dimensions. 2. Subject-matter of the study: basic issues The first part of the task mentioned above is straightforward: questions such as what is meant by the key concepts triggering the functioning of the EDD such as presentation of independent information, what constitutes an essential investment in acquiring data and when the reproduction of a given database reaches either qualitatively or quantitatively the threshold of substantiality before the right-holder of a database can avail himself of the remedies provided by the statutory framework remain unclear and call for a careful analysis. As for second task, it is already obvious that the practical importance of the legal protection providedby the database right is in the rapid increase. The accelerating transformationof information into digital form is an existing fact, not merely a reflection of a shape of things to come in the future. To take a simple example, the digitisation of a map, traditionally in paper format and protected by copyright, can provide the consumer a markedly easier and faster access to the wanted material and the price can be, depending on the current state of the marketplace, cheaper than that of the traditional form or even free by means of public lending libraries providing access to the information online. This also renders it possible for authors and publishers to make available and sell their products to markedly larger, international markets while the production and distribution costs can be kept at minimum due to the new electronic production, marketing and distributionmechanisms to mention a few. The troublesome side is for authors and publishers the vastly enhanced potential for illegal copying by electronic means, producing numerous virtually identical copies at speed. The fear of illegal copying canlead to stark technical protection that in turn can dampen down the demand for information goods and services and furthermore, efficiently hamper the right of access to the materials available lawfully in electronic form and thus weaken the possibility of access to information, education and the cultural heritage of anation or nations, a condition precedent for a functioning democracy. 3. Particular issues in Digital Economy and Information Networks All what is said above applies a fortiori to the databases. As a result of the ubiquity of the Internet and the pending breakthrough of Mobile Internet, peer-to-peer Networks, Localand Wide Local Area Networks, a rapidly increasing amount of information not protected by traditional copyright, such as various lists, catalogues and tables,3previously protected partially by the old section 49 of the Finnish Copyright act are available free or for consideration in the Internet, and by the same token importantly, numerous databases are collected in order to enable the marketing, tendering and selling products and services in above mentioned networks. Databases and the information embedded therein constitutes a pivotal element in virtually any commercial operation including product and service development, scientific research and education. A poignant but not instantaneously an obvious example of this is a database consisting of physical coordinates of a certain selected group of customers for marketing purposes through cellular phones, laptops and several handheld or vehicle-based devices connected online. These practical needs call for answer to a plethora of questions already outlined above: Has thecollection and securing the validity of this information required an essential input? What qualifies as a quantitatively or qualitatively significant investment? According to the Directive, the database comprises works, information and other independent materials, which are arranged in systematic or methodical way andare individually accessible by electronic or other means. Under what circumstances then, are the materials regarded as arranged in systematic or methodical way? Only when the protected elements of a database are established, the question concerning the scope of protection becomes acute. In digital context, the traditional notions of reproduction and making available to the public of digital materials seem to fit ill or lead into interpretations that are at variance with analogous domain as regards the lawful and illegal uses of information. This may well interfere with or rework the way in which the commercial and other operators have to establish themselves and function in the existing value networks of information products and services. 4. International sphere After the expiry of the implementation period for the European Community Directive on legal protection of databases, the goals of the Directive must have been consolidated into the domestic legislations of the current twenty-five Member States within the European Union. On one hand, these fundamental questions readily imply that the problemsrelated to correct construction of the Directive underlying the domestic legislation transpire the national boundaries. On the other hand, the disputes arisingon account of the implementation and interpretation of the Directive on the European level attract significance domestically. Consequently, the guidelines on correct interpretation of the Directive importing the practical, business-oriented solutions may well have application on European level. This underlines the exigency for a thorough analysis on the implications of the meaning and potential scope of Database protection in Finland and the European Union. This position hasto be contrasted with the larger, international sphere, which in early 2005 does differ markedly from European Union stance, directly having a negative effect on international trade particularly in digital content. A particular case in point is the USA, a database producer primus inter pares, not at least yet having aSui Generis database regime or its kin, while both the political and academic discourse on the matter abounds. 5. The objectives of the study The above mentioned background with its several open issues calls for the detailed study of thefollowing questions: -What is a database-at-law and when is a database protected by intellectual property rights, particularly by the European database regime?What is the international situation? -How is a database protected and what is its relation with other intellectual property regimes, particularly in the Digital context? -The opportunities and threats provided by current protection to creators, users and the society as a whole, including the commercial and cultural implications? -The difficult question on relation of the Database protection and protection of factual information as such. 6. Dsiposition The Study, in purporting to analyse and cast light on the questions above, is divided into three mainparts. The first part has the purpose of introducing the political and rationalbackground and subsequent legislative evolution path of the European database protection, reflected against the international backdrop on the issue. An introduction to databases, originally a vehicle of modern computing and information andcommunication technology, is also incorporated. The second part sets out the chosen and existing two-tier model of the database protection, reviewing both itscopyright and Sui Generis right facets in detail together with the emergent application of the machinery in real-life societal and particularly commercial context. Furthermore, a general outline of copyright, relevant in context of copyright databases is provided. For purposes of further comparison, a chapter on the precursor of Sui Generi, database right, the Nordic catalogue rule also ensues. The third and final part analyses the positive and negative impact of the database protection system and attempts to scrutinize the implications further in the future with some caveats and tentative recommendations, in particular as regards the convoluted issue concerning the IPR protection of information per se, a new tenet in the domain of copyright and related rights.

Happiness and Politics

Over the last thirty years, happiness research in psychology, economics and philosophy has been discussing the proper meaning of happiness and its main determinants. Moreover, the idea has spread within academic and political circles that it may be legitimate for institutions to engage in “politics of happiness”. This article presents a critique of the project of promoting happiness through public policies.

L’analogie de l’hérédité culturelle : fondements conceptuels de la théorie de la double hérédité

Selon la théorie de la double hérédité, les processus de transmission sociale des connaissances permettraient aux cultures humaines d'évoluer de manière darwinienne. On parvient à cette conclusion en inférant que, étant donné qu'une analogie profonde peut être établie entre les mécanismes de transmission génétique et ceux de transmission sociale, on devrait non seulement concevoir que les processus cognitifs d'apprentissage social constituent bel et bien un système d'hérédité distinct du système d'hérédité génétique, mais qu’il est aussi légitime, sur la base de cette même analogie, de transférer les concepts explicatifs et outils formels issus de la biologie évolutionnaire et de les adapter à l'étude des cultures humaines en vue de constituer une théorie darwinienne de l'évolution culturelle. Cette analogie de l’hérédité culturelle fait depuis longtemps l'objet de controverses tant au sein de la littérature scientifique que dans les discussions philosophiques. On ne semble pas s'entendre sur la nature même de cette analogie ni non plus sur la force de justification épistémique qu'une telle analogie donnerait à la mise en place d'une théorie darwinienne de l'évolution culturelle. Néanmoins, à travers plus de quarante années de débats, la structure de cette analogie n'a jamais été examinée en détail et on a rarement examiné l'épistémologie des inférences par analogie dans un tel contexte. L'objectif principal de la présente thèse consistera à offrir une première analyse systématique de la nature, de la structure, de la fonction et de la justification épistémique de l'analogie de l'hérédité culturelle, fondement conceptuel de la théorie de la double hérédité. En portant ici une attention particulière à la structure logique de cette analogie, on pourra constater l'ampleur de sa complexité, complexité passant souvent inaperçue dans les critiques de la théorie de la double hérédité. On défendra ici la thèse selon laquelle l'analogie de l'hérédité culturelle est en fait composée de deux analogies constitutives qui, conjointement, ouvrent la voie à la mise en place et à l’organisation d’un programme de recherche visant à mettre au point une théorie darwinienne de l’évolution culturelle.

Public Health Genomics : une forme de rhétorique ?

Article

Scienza della sostenibilita' e regolazione: Il caso studio della politica europea in materia di risparmio energetico

Entro l’approccio concettuale e metodologico transdisciplinare della Scienza della Sostenibilità, la presente tesi elabora un background teorico per concettualizzare una definizione di sostenibilità sulla cui base proporre un modello di sviluppo alternativo a quello dominante, declinato in termini di proposte concrete entro il caso-studio di regolazione europea in materia di risparmio energetico. La ricerca, attraverso un’analisi transdisciplinare, identifica una crisi strutturale del modello di sviluppo dominante basato sulla crescita economica quale (unico) indicatore di benessere e una crisi valoriale. L’attenzione si concentra quindi sull’individuazione di un paradigma idoneo a rispondere alle criticità emerse dall’analisi. A tal fine vengono esaminati i concetti di sviluppo sostenibile e di sostenibilità, arrivando a proporre un nuovo paradigma (la “sostenibilità ecosistemica”) che dia conto dell’impossibilità di una crescita infinita su un sistema caratterizzato da risorse limitate. Vengono poi presentate delle proposte per un modello di sviluppo sostenibile alternativo a quello dominante. Siffatta elaborazione teorica viene declinata in termini concreti mediante l’elaborazione di un caso-studio. A tal fine, viene innanzitutto analizzata la funzione della regolazione come strumento per garantire l’applicazione pratica del modello teorico. L’attenzione è concentrata sul caso-studio rappresentato dalla politica e regolazione dell’Unione Europea in materia di risparmio ed efficienza energetica. Dall’analisi emerge una progressiva commistione tra i due concetti di risparmio energetico ed efficienza energetica, per la quale vengono avanzate delle motivazioni e individuati dei rischi in termini di effetti rebound. Per rispondere alle incongruenze tra obiettivo proclamato dall’Unione Europea di riduzione dei consumi energetici e politica effettivamente perseguita, viene proposta una forma di “regolazione per la sostenibilità” in ambito abitativo residenziale che, promuovendo la condivisione dei servizi energetici, recuperi il significato proprio di risparmio energetico come riduzione del consumo mediante cambiamenti di comportamento, arricchendolo di una nuova connotazione come “bene relazionale” per la promozione del benessere relazionale ed individuale.

As vozes da sociedade: letramento, consciência e poder

The dialectic tension between the phenomenon of illiteracy and the remedial efforts of the literate to provide a voice for those who don t have one, reflects at the same time the difficulties that the emerging discourses have to struggle with, and highlights the importance of this struggle as one that belongs to the opressed, not the well-meaning educators and political activists. It also informs the latter s efforts on behalf of the uneducated. Naturally these issues have attracted a good deal of attention of some specialists in South America. There is now a movement afoot there that aims at placing illiterate discourse inside the societal discourse proper without letting the latter manipulate the former for its own ends. I will address the typical exigencies and limitations inherent in such efforts, but at the same time point to new ways of understanding and handling the problem of literacy in a developing country.

Corpo-sujeito Kadiweu : jogo e esporte

Universidade Estadual de Campinas . Faculdade de Educação Física

SSSPM J1102-3431 brown dwarf characterization from accurate proper motion and trigonometric parallax

Context. In 2005, Scholz and collaborators discovered, in a proper motion survey, a young brown dwarf SSSPM J1102-3431 (SSSPM J1102) of spectral type M8.5, probable member of the TW Hydrae Association and possible companion of the T Tauri star TWHya. The physical characterization of SSSPM J1102 was based on the hypothesis that it forms a binary system with TWHya. The recent discovery of a probable giant planet with a very short-period inside the TW Hya protoplanetary disk, as well as a disk around SSSPM J1102, make it especially interesting and important to measure well the physical parameters of SSSPM J1102. Aims. Trigonometric parallax and proper motion measurements of SSSPM J1102 are necessary to test for TWA membership and, thus, to determine the mass and age of this young brown dwarf and the possibility that it forms a wide binary system with TW Hya. Methods. Two years of regular observations at the ESO NTT/SUSI2 telescope have enabled us to determine the trigonometric parallax and proper motion of SSSPM J1102. Results. With our accurate distance determination of 55.2(-1.4)(+1.6) pc and proper motions of (-67.2, -14.0) +/- 0.6 mas/yr, we could confirm SSSPM J1102 as a very probable member of TWA. Assuming the TW Hydrae association age of 5-10 Myr, the evolutionary models compared to the photometry of this young brown dwarf indicate a mass of M = 25 +/- 5 M(Jup) and an effective temperature T(eff) = 2550 +/- 100 K. Conclusions. Our parallax and proper motion determination allow us to precisely describe the physical properties of this low mass object and to confirm its TWA membership. Our results indicate that SSSPMJ1102 may be a very wide separation companion of the star TW Hya.

PARALLAXES OF SOUTHERN EXTREMELY COOL OBJECTS. I. TARGETS, PROPER MOTIONS, AND FIRST RESULTS

We present results from the PARallaxes of Southern Extremely Cool objects ( PARSEC) program, an observational program begun in 2007 April to determine parallaxes for 122 L and 28 T southern hemisphere dwarfs using the Wide Field Imager on the ESO 2.2 m telescope. The results presented here include parallaxes of 10 targets from observations over 18 months and a first version proper motion catalog. The proper motions were obtained by combining PARSEC observations astrometrically reduced with respect to the Second US Naval Observatory CCD Astrograph Catalog, and the Two Micron All Sky Survey Point Source Catalog. The resulting median proper motion precision is 5 mas yr(-1) for 195,700 sources. The 140 0.3 deg(2) fields sample the southern hemisphere in an unbiased fashion with the exception of the galactic plane due to the small number of targets in that region. The proper motion distributions are shown to be statistically well behaved. External comparisons are also fully consistent. We will continue to update this catalog until the end of the program, and we plan to improve it including also observations from the GSC2.3 database. We present preliminary parallaxes with a 4.2 mas median precision for 10 brown dwarfs, two of which are within 10 pc. These increase the present number of L dwarfs by 20% with published parallaxes. Of the 10 targets, seven have been previously discussed in the literature: two were thought to be binary, but the PARSEC observations show them to be single; one has been confirmed as a binary companion and another has been found to be part of a binary system, both of which will make good benchmark systems. These results confirm that the foreseen precision of PARSEC can be achieved and that the large field of view will allow us to identify wide binary systems. Observations for the PARSEC program will end in early 2011 providing three to four years of coverage for all targets. The main expected outputs are: more than a 100% increase in the number of L dwarfs with parallaxes, increment in the number of objects per spectral subclass up to L9-in conjunction with published results-to at least 10, and to put sensible limits on the general binary fraction of brown dwarfs. We aim to contribute significantly to the understanding of the faint end of the H-R diagram and of the L/T transition region.

Proper motions of thermally emitting isolated neutron stars measured with Chandra

The remarkable astrometric capabilities of the Chandra Observatory offer the possibility to measure proper motions of X-ray sources with an unprecedented accuracy in this wavelength range. We recently completed a proper motion survey of three of the seven thermally emitting radio-quiet isolated neutron stars (INSs) discovered in the ROSAT all-sky survey. These INSs (RXJ0420.0-5022, RXJ0806.4-4123 and RXJ1308.6+2127) either lack an optical counterpart or have one so faint that ground based or space born optical observations push the current possibilities of the instrumentation to the limit. Pairs of ACIS observations were acquired 3 to 5 years apart to measure the displacement of the sources on the X-ray sky using as a reference the background of extragalactic or remote Galactic X-ray sources. We derive 2 sigma upper limits of 123 mas yr(-1) and 86 mas yr(-1) on the proper motion of RXJ0420.0-5022 and RXJ0806.4-4123, respectively. RXJ1308.6+2127 exhibits a very significant displacement (similar to 9 sigma) yielding mu = 220 +/- 25 mas yr(-1), the second fastest measured among all ROSAT-discovered INSs. The source is probably moving away rapidly from the Galactic plane at a speed which precludes any significant accretion of matter from the interstellar medium. Its transverse velocity of similar to 740 (d/700 pc) km s(-1) might be the largest of all ROSAT INSs and its corresponding spatial velocity lies among the fastest recorded for neutron stars. RXJ1308.6+2127 is thus a middle-aged (age similar to 1 My) high velocity cooling neutron star. We investigate its possible origin in nearby OB associations or from a field OB star. In most cases, the flight time from birth place appears significantly shorter than the characteristic age derived from spin down rate. Overall, the distribution in transverse velocity of the ROSAT INSs is not statistically different from that of normal radio pulsars.

Cultural meaning of quality of life: perspectives of Brazilian burn patients

Purpose. This study was designed to explore the cultural meaning and dimensions of quality of life from the perspective of Brazilian burn patients. Method. A qualitative research approach was used. Nineteen burn patients and their close relatives participated in this ethnographic study. Data were collected by means of direct observation and semi-structured interviews, conducted in a hospital outpatient clinic and during visits to patients` homes. The following inter-related phases guided the analysis process: reading of the material and data reduction, data display, conclusion outlining and verification. Results. Participants reported that the quality of life is related to autonomy and the ability to work. The dimensions of quality of life included: resuming work and functional ability, body image, having leisure and interpersonal relationships. Their descriptions revealed their feelings and attitudes about resuming their previous activities and social lives, particularly concerning the work. Conclusion. For burn patients, quality of life is associated with the concept of normality, the satisfactory performance of social roles in the context of family life and the social world. The results showed the importance of the sociocultural dimension in the concept of quality of life for persons undergoing burn rehabilitation.

Clifford Geertz, 1926-2006: Meaning, method, and Indonesian economic history

Clifford Geertz was best known for his pioneering excursions into symbolic or interpretive anthropology, especially in relation to Indonesia. Less well recognised are his stimulating explorations of the modern economic history of Indonesia. His thinking on the interplay of economics and culture was most fully and vigorously expounded in Agricultural Involution. That book deployed a succinctly packaged past in order to solve a pressing contemporary puzzle, Java's enduring rural poverty and apparent social immobility. Initially greeted with acclaim, later and ironically the book stimulated the deep and multi-layered research that in fact led to the eventual rejection of Geertz's central contentions. But the veracity or otherwise of Geertz's inventive characterisation of Indonesian economic development now seems irrelevant; what is profoundly important is the extraordinary stimulus he gave to a generation of scholars to explore Indonesia's modern economic history with a depth and intensity previously unimaginable.