Courting kazaa : judicial approaches towards P2P networks in the US and Australia

As with the litigation involving its predecessor Napster, cases involving the Australian based P2P service Kazaa and its US licensees Grokster and Morpheus required from the courts to balance the legitimate interests of the computer industry and the public in new and advanced technologies on the one hand and of so-called "content providers " of the media and entertainment industry on the other hand. The article examines, how US and Australian courts have approached this task and, in spite of differences in the legal frameworks of the two countries, have reached similar conclusions.

Avaliando a gestão dos correios na Bahia através de indicadores de desempenho

A atividade postal se constitui numa das formas mais antigas de prestação de serviços da história da humanidade e tem início com a necessidade de comunicação das pessoas. O setor postal se organiza de acordo com a legislação dos Países, normalmente, em prestação de serviços públicos, a exemplo do que ocorre no Brasil. A realidade mercadológica do mundo tem mudado o relacionamento das organizações com os seus clientes, principalmente em função da globalização. O setor postal Brasileiro experimenta estas mudanças e passa a dedicar mais atenção aos clientes, através das atividades que desenvolve. Uma das maneiras de conferir se a atividade produz o resultado que se espera é a medição. E, analisando o caso dos Correios da Bahia, encontrou-se a oportunidade de implementar um modelo de avaliação de desempenho e gestão que poderá reorientar as atividades da organização, considerando outras variáveis além das operacionais, como financeiras, do ambiente interno, dos clientes e da responsabilidade social da organização. O caso foi estudado a partir de três modelos de avaliação de desempenho e gestão, com a opção por um deles. A escolha do modelo está vinculada aos objetivos do estudo, que são voltados à análise crítica dos indicadores de desempenho e a conseqüente proposição de um modelo capaz de corrigir desvios e adequar o processo de gestão. Dentre os modelos analisados, encontram-se o Quantum (HRONEC), o Capital Intelectual (STEWART) e o Balanced Scorecard (KAPLAN & NORTON), sendo que este último foi o proposto para o acompanhamento da gestão. Em razão das características e particularidades dos Correios da Bahia, foi sugerida uma alteração na arquitetura original do Balanced Scorecard, sendo incluída a perspectiva da responsabilidade social e do aspecto legal no campo das medições. O modelo é composto por cinco perspectivas com seus respectivos objetivos estratégicos, vinculados aos fatores críticos de sucesso e foi adaptado da obra Organização voltada para a estratégia dos autores KAPLAN & NORTON (2001). Com a adoção do modelo proposto é possível que as distorções verificadas na pesquisa sejam corrigidas e a gestão dos Correios da Bahia seja conduzida para o futuro de forma equilibrada.

A loucura interrompida nas malhas da subjetividade manicomial

Psychiatric reform occurring in Brazil has progressed significantly during the last two decades, both in the transformation of the help structure and in the treatment of madness. At the same time a paralell movement is observed marked by the maintenance of the hospital centered or psychiatric ward ideology present not only in the psychiatric institutions but also in the substitute services in the cities and , above all, in the ways of contemporary subjectivation. We affirm that the idea of deinstitutionalization is intertwined with capitalistic agent both from the epistomological, assistance, and legal aspect as from the cultural one. This work aims mainly to discuss madness and subjectivity from the ethic esthetic-political perspective, specially the wishes of the psychiatric hospital, which we inhabit and who inhibits our interactions and our desired and creative productivity. We do also want to access the invisible threads that capture and modify madness, which make our cities a means for the production of pathologies, and those that, on the contrary, insinuate a process of resistance, facilitating life and health

Infâncias :o lugar do lúdico nas tramas do trabalho infantil

Considering infancy as the socio-historic construction required from the researcher, not only gives problems to the natural character of the human development, that for a long period in the history of psychology has sown to be predominant, but before anything assumes the position in which the vision of the social condition, i.e., for the contexts of the insertion of the human being, is predominant. In this sense, it is not possible to talk about infancy in the singular, once the different developmental contexts enable different forms of immersion in the daily experiences, amongst which this research focuses on the experience of the ludic. According to various theories of development amongst which we emphasize the socio-historic, this element brings important contributions in the processes of the human being constitution. From the legal aspect this recognition is present in the Code of Practice of the Child and Adolescent which considers playing to be a right of the child. However, the childhood of many children have this aspect affected by many factors. It is in the context of this discussion that we developed this research which has as its objective investigate how children in a working environment experience playing on a daily basis. Four children, girls, took part in this research, who develop activities in the process of the usage of cashew nuts. We used interviews, observations, photographs and drawings. The perspective of analysis which guided this task is based on socio-historic and discursive studies. In this way, the elements which constitute the child s discourse, formed from the corpus were: be a child, the ludic culture, the work in the child s life and the perspective of future and change. The participants discourse showed to be conflicting, contradictory, arisen from a specific ideological formation. In the children s daily routine it was possible to verify that there is an existence of a rich ludic culture, even if it is lived in few moments of the day in consequence of the workload

Survey of the Microbiological Quality of Nonalcoholic Carbonated Beverages

The number and the main groups of microorganisms present in samples of different nonalcoholic carbonated beverages (lemon, orange and guaraná soft drinks) obtained from a small factory were analyzed. The samples were obtained at the end of the processing line. They were then divided into two lots: one was sent to immediate analysis, the other was stored at environmental temperature for 90 d thereafter it was submitted to the same analysis. Aliquots of 1 mL were drawn from the various samples and the corresponding decimal dilutions were prepared. They were then grown in culture media and counts of mesophilic aerobic bacteria, molds and yeasts, acid-producing bacteria, total and fecal coliforms were taken. It was observed that, of all the analyzed samples, at time 0 or after storage sample C (orange) was the best, since it conformed to the microbiological standards established by legislation. The guaraná type could also be consumed on day zero; the lemon type was inadequate for consumption of all the analyzed samples, the orange type was the only one that could be consumed within 3 months of storage.

Atividades psiquiátricas no campo dos transtornos devidos ao uso de substâncias psicoativas

There are a large number of institutions, proposals and publications in the field of disorders resulting from the use of psychoactive substances. There is no corresponding progress in results obtained in clinical treatments. Concepts and appropriate points of view are indispensable. The vision of the world drug addicts is not only determined by the biochemical effects of intoxication, but also by the experience they go through, by their own way of living. By accepting such postulate, we may conceptualize the problem, thus benefiting research studies and more efficient treatments. Preventing intoxication, upon the onset of dependence, depends on educational, social, legal and other measures, which can neither be studied nor practiced by medicine.

Aspectos legais da morte

The present work intends to clarify and to enhance the legal aspects of the death for the physician. Physicians, as a result of normative attribution, and of the practical circumstances, normally, certify the death in proper document. The legal consequences of the death are focused, with its importance and correlation with the medical declaration of the death. The physician must be more conscientious of his professional act, and, therefore, be more diligent and always zealous with his practices, because of its effects.

Teledermatologia - Passado, presente e futuro

Teledermatology is the area of Telemedicine that studies the application of telecommunication and information technology to dermatology practice without the presence of a specialist. It is a potential manner to deliver health planning, research, education, clinical meetings, second medical opinions and dermatological care to populations who cannot easily travel. The evolution, cost reduction and dissemination of telecommunication and information technology have enabled the implementation of low cost and comprehensive teledermatology systems to support clinical practice all over the world. © 2005 by Anais Brasileiros de Dermatologia.

Consulta de enfermagem ao portador de Hanseníase: proposta de um instrumento para aplicação do processo de enfermagem.

This study aimed at reporting the experience of nursing consultation for leprosy patients performed at a university primary health care unit in inner São Paulo state as well as at presenting the instrument used. This activity is performed by two nurses who have worked in the program for over two decades and have thus become experienced in providing care to this type of patient. The effectiveness of instruments is evaluated as concerns form and content, thus enabling the assessment of actual health care needs based on an expanded analysis of the health-disease process. With this proposal, it is expected that nurses' action will be facilitated in the implementation of procedures aiming at comprehensive care.

Wschodnia granica zewnetrzna rozszerzonej Unii Europejskiej. Wspolpraca transgraniczna na nowej granicy wshodniej Unii Europejskiej. Rosyjskojezyczni na Lotwie i w Estonii. Prace OSW 14/2004. The Eastern external border of the enlarge European Union. Cross-border co-operation at the new Eastern border of the European Union. Russian-speakers in Latvia and Estonia. OSW Study 14/2004

Russians or so-called Russian-speakers in Latvia and Estonia pose a significant problem for both countries. Russian-speakers are a numerous minority in Latvia and Estonia, which causes deep division in these countries from the ethnical point of view. The problem of highest importance in the legal aspect is the unregulated status of the Russian-speakers. Though they are permanent residents of Latvia and Estonia many of them still do not have these countries' citizenship. The complex naturalisation procedure introduced by Latvia and Estonia soon after restoring independence in 1991 is considered to be main responsible for this.

Reality bytes : technology in real world legal education

The use of technology for purposes such as communication and document management has become essential to legal practice with practitioners and courts increasingly relying on various forms of technology. Accordingly, legal practitioners need to be able to understand, communicate with, and persuade their audience using this technology. Technology skills are therefore an essential and integral part of undergraduate legal education, and given the widening participation agenda in Australia and consequent increasing diversity of law students, it must also be available to all students. To neglect this most crucial part of modern legal education is to fail in a fundamental aspect of a University’s obligation not just to its students, but ultimately to our students’ potential employers and their future clients. This paper will consider how law schools can facilitate the development of technology skills by using technology to facilitate mooting in settings that replicate legal practice. In order to assess the facilities at the disposal of universities, the authors surveyed the law schools in Australia about their equipment in and use of electronic moot court rooms. The authors also conducted and evaluated an internal mooting competition using Elluminate, an online communication platform available to students through Blackboard. Students were able to participate wherever they were located without the need to attend a moot court room. The results of the survey and evaluation of the Elluminate competition will be discussed. The paper will conclude that while it is essential to teach technology skills as part of legal education, it is important that the benefits and importance of using technology be made clear in order for it to be accepted and embraced by the students. Technology must also be available to all students considering the widening participation in higher education and consequent increasing diversity of law students.

An Italian legal case note

The present paper intends to enlighten a particular aspect of charitable organizations which is their registration in the regional lists for voluntary organizations. The aforementioned decision ruled that these organizations are entitled to adopt the form of cooperative society and consequently, when all the other legal requirements are complete, charitable organizations are to be enrolled. The registration has been subject to many criticisms and it is necessary to bring some light on a topic that hides behind it many legal and cultural repercussions concerning the role and the activities of nonprofit organizations in the Italian context.

A methodology for extracting legal norms from regulatory documents

We present a methodology to extract legal norms from regulatory documents for their formalisation and later compliance checking. The need for the methodology is motivated from the shortcomings of existing approaches where the rule type and process aspects relevant to the rules are largely overlook. The methodology incorporates the well–known IF. . . THEN structure extended with the process aspect and rule type, and guides how to properly extract the conditions and logical structure of the legal rules for reasoning and modelling of obligations for compliance checking.

Getting Away With It:Corruption, Moral Indignation and the Limits of Legal Accountability

In this paper we address the idea of ‘legal but corrupt’ through a discussion of two cases: abuse scandals in the Irish Catholic Church and the financial services industry in the wake of the Global Financial Crisis. We identify two important dynamics that generated the scandals: that they were driven by strong and stable groups existing within a peculiar kind of ‘accountability space’ that we describe as ‘monastic’ and that those groups persisted with tacit or explicit support from the state. ‘Legal but corrupt’ is, we argue, a matter of insider incomprehension sustained by the ceding of sovereignty over some aspect of social or economic life.

Legal, Ethical and Professional Issues

The chapter addresses the professional, legal and ethical issues associated with medicines management and the role of the nurse. To ensure safe practice it is imperative safeguards are recognised and applied; therefore pertinent legislative frameworks, policy and professional regulation are discussed. Safeguarding patients when administering prescribed medicines means the nurse must have up-to-date knowledge and skill and a key aspect of this is to ensure consent to treatment from the service user is secured; for this reason drawing on relevant legislation, the consensual process is reviewed. Not infrequently medicine management provokes ethical and legal challenges for the health care professional; these demand reflection and careful consideration; consequently in this chapter legal and ethical parameters and professional boundaries are appraised.