Sui generis database protection: a new start for the UK and Ireland?

LEGAL CONTEXT: The decisions of the ECJ in William Hill and Fixtures Marketingconstitute setbacks for rightholders seeking to protect thecontent of databases from unauthorised use by others. This developmentis keenly felt in Ireland and the UK because of the absenceof any overlapping protection in the form of unfair competitionrelief against parasitical activities by competitors. Ironically,post-Feist US copyright law, in the form of the Montgomery CountyRealtor case (1995), when contrasted with the recent Dutch ZAHdecision (2006), shows that US copyright law affords a greaterlevel of protection than is available in the EU under the DatabaseDirective. The ZAH decision also builds upon earlier Germancase law, virtually eliminating liability for linking to websitematerial made available to the public. KEY POINTS: In ZAH, the Dutch Court's interpretation of the Directive andcriteria to be met before content may be copyright protectedwas very restrictive, in stark contrast to the approach of mostCommon Law judges. The result is a very different one to thatintended by the drafters of the Directive, a point reinforcedby the European Commission's own 2005 assessment of the Directive. PRACTICAL SIGNIFICANCE: The Directive has been a disaster from every perspective. Lawmakersin the UK and Ireland may feel that the time is right to consideradopting national measures to produce a more balanced protectivemeasure in respect of commercial databases and an effectivemeans of stimulating investment by following unfair competitionprinciples, rather than the quasi-copyright model of the suigeneris right. ZAH demonstrates that until the European Commissiontackles the critical issue of a common originality standard(which is very unlikely) national differences will be inevitablewithin EU copyright law.     

A new retrieval system for a database of 3D facial images

A new retrieval system for a 3D facial image database was designed and its reliability was experimentally examined. This system has two steps, firstly to automatically adjust the orientation of all 3D facial images in a database to that of the 2D facial image of a target person, and then to identify the facial image of the target person from the adjusted 3D facial images in the database using a graph-matching method. From the experimental study [M. Yoshino, K. Imaizumi, T. Tanijiri, J.G. Clement, Automatic adjustment of facial orientation in 3D face image database, Jpn. J. Sci. Tech. Iden. 8 (2003) 41-47], it is concluded that the software developed for the first step will be applicable to the automatic adjustment of facial orientation in the 3D facial image database. In 28 out of 110 sets (25.5%), the 3D image of the target person was chosen as the best match (from a database of 132 3D facial images) according to the similarity of the facial image characteristics based on the graph matching. The 3D facial image of the target person was ranked in the top of 10 of the database in 75 out of 110 sets (68.2%). These results suggest that this system is inadequate for the identification level, but may be feasible for screening method in a small database. It will be necessary to further pursue the possibility of realization of a facial image retrieval system for a large database such as suspects' facial images in future.     

A proposal for standardization in forensic canine DNA typing: allele nomenclature of six canine-specific STR loci

In this study a proposal for the allele nomenclature of six polymorphic short tandem repeat (STR) loci (PEZ3, PEZ6, PEZ8, PEZ10, FHC2161, and FHC2328) for canine genotyping (Canis lupus familiaris) is presented. The nomenclature is based on the sequence data of the polymorphic region of the microsatellite markers as recommended by the DNA commission of the International Society of Forensic Haemogenetics (ISFH) in 1994 for human DNA typing. To cover commonly and rarely occurring alleles, a selection of homozygous and heterozygous animals were analyzed and subjected to sequence studies. The alleles consisted of simple tri- and tetra-nucleotide repeat patterns as well as compound and highly complex repeat patterns. Several alleles revealing the same fragment size but different repeat structures were found. The allele designation described here was adopted to the number of repeats, including all variable regions within the amplified fragment. In a second step the most commonly occurring alleles were added to an allelic ladder for each marker allowing a reliable typing of all alleles differing in size. A total number of 142 unrelated dogs from surrounding municipal animal homes, private households, and canines in police duty were analyzed. The data were added to a population database providing allele frequencies for each marker.     

A novel method for forensic DNA investigations: repeat-type sequence analysis of tandemly repeated mtDNA in domestic dogs

A highly variable and heteroplasmic tandem repeat region situated in the mitochondrial mt DNA control region (CR) in domestic dogs and wolves was studied to evaluate its suitability as a forensic genetic marker for analysis of single hairs. The tandem repeat array is composed of three 10-bp repeat types that are distributed so that a secondary DNA sequence is formed. Thus, the region presents two levels of variation: variation in the number of repeats and variation in the secondary DNA sequence of repeat types. Two analysis methods were therefore tested; fragment length analysis and analysis of the sequence of repeat types. Fragment analysis produced unique profiles that could be used to discriminate between blood samples from maternally closely related individuals. However, different hairs from one individual did not have the same fragment profile, and the method is, therefore, not suitable for analysis of single hairs. In contrast, analysis of the repeat type sequences (array types) is highly informative. When different hairs from one individual were studied, identical array types were found. The repeat-type sequence variation was studied among individuals having identical nonrepetitive CR mtDNA sequence variants. Seven, six, and two individuals, representing three different sequence variants, respectively, were analyzed. All these individuals had different array types, which implies a very high genetic variation between individuals in this region. The analysis method considerably improves the exclusion capacity of mtDNA analysis of domestic dogs compared with sequence analysis of non-repetitive DNA.     

Development of a searchable major and trace element database for use in forensic soil comparisons

Forensic soil comparisons are normally undertaken on the basis of several physical, chemical and biological properties, but in all cases the interpretation of results is dependent on the availability of relevant contextual information. This paper summarises the results of major and trace element analyses performed using inductively coupled plasma atomic emission spectrometry and inductively coupled plasma-mass spectrometry on the < 150 µm size fraction of 1896 soil samples collected in connection with forensic investigations in England and Wales between 1999 and 2007. A number of new methods are described which facilitate inter-sample comparison. Although the available data do not provide uniform geographical coverage they do provide useful information which can assist police search investigations and they provide valuable contextual information which aids the evidential assessment of soil evidence when used in court. There is considerable scope to improve the database by increasing the geographical coverage and increasing the number of soil attributes which are included.     

荧光STR直接复合扩增试剂缓冲体系的研制

目的研制适用于数据库样本荧光STR直接复合扩增体系。方法针对常规血卡、FTA和903血卡样本,配制扩增缓冲液基准母液,采用不同配方的扩增缓冲体系进行直接扩增及检测。考察不同种类增强剂、4种商业化DNA聚合酶、不同复性温度和终延伸时间对检材的检测效果,并验证优化体系的适应性。结果采用本文所建体系对各类血卡样本进行检验,均可获得样本清晰、完整的STR分型。体系选择BSA\Tween20\DMSO\甘油等增强剂组合、Typer热启动聚合酶1.5U/10μL、57～59℃复性温度、30～50min终延伸时间,采用10μL体系即可对直径1.2mm FTA卡血样进行有效分型。结论本文所研制的缓冲体系能够满足常规血卡、FTA和903血卡样本直接扩增检验的需要。     

Use of DNA profiles for investigation using a simulated national DNA database: Part II. Statistical and ethical considerations on familial searching

Familial searching consists of searching for a full profile left at a crime scene in a National DNA Database (NDNAD). In this paper we are interested in the circumstance where no full match is returned, but a partial match is found between a database member's profile and the crime stain. Because close relatives share more of their DNA than unrelated persons, this partial match may indicate that the crime stain was left by a close relative of the person with whom the partial match was found. This approach has successfully solved important crimes in the UK and the USA. In a previous paper, a model, which takes into account substructure and siblings, was used to simulate a NDNAD [1]. In this paper, we have used this model to test the usefulness of familial searching and offer guidelines for pre-assessment of the cases based on the likelihood ratio. Siblings of “persons” present in the simulated Swiss NDNAD were created. These profiles (N = 10,000) were used as traces and were then compared to the whole database (N = 100,000). The statistical results obtained show that the technique has great potential confirming the findings of previous studies. However, effectiveness of the technique is only one part of the story. Familial searching has juridical and ethical aspects that should not be ignored. In Switzerland for example, there are no specific guidelines to the legality or otherwise of familial searching. This article both presents statistical results, and addresses criminological and civil liberties aspects to take into account risks and benefits of familial searching.     

Results of the 2003-2004 GEP-ISFG collaborative study on mitochondrial DNA: focus on the mtDNA profile of a mixed semen-saliva stain

We report here a review of the seventh mitochondrial DNA (mtDNA) exercise undertaken by the Spanish and Portuguese working group (GEP) of the International Society for Forensic Genetics (ISFG) corresponding to the period 2003-2004. Five reference bloodstains from five donors (M1-M5), a mixed stain of saliva and semen (M6), and a hair sample (M7) were submitted to each participating laboratory for nuclear DNA (nDNA; autosomal STR and Y-STR) and mtDNA analysis. Laboratories were asked to investigate the contributors of samples M6 and M7 among the reference donors (M1-M5). A total of 34 laboratories reported total or partial mtDNA sequence data from both, the reference bloodstains (M1-M5) and the hair sample (M7) concluding a match between mtDNA profiles of M5 and M7. Autosomal STR and Y-STR profiling was the preferred strategy to investigate the contributors of the semen/saliva mixture (M6). Nuclear DNA profiles were consistent with a mixture of saliva from the donor (female) of M4 and semen from donor M5, being the semen (XY) profile the dominant component of the mixture. Strikingly, and in contradiction to the nuclear DNA analysis, mtDNA sequencing results yield a more simple result: only the saliva contribution (M4) was detected, either after preferential lysis or after complete DNA digestion. Some labs provided with several explanations for this finding and carried out additional experiments to explain this apparent contradictory result. The results pointed to the existence of different relative amounts of nuclear and mtDNAs in saliva and semen. We conclude that this circumstance could strongly influence the interpretation of the mtDNA evidence in unbalanced mixtures and in consequence lead to false exclusions. During the GEP-ISFG annual conference a validation study was planned to progress in the interpretation of mtDNA from different mixtures.     

Results of the 2003–2004 GEP-ISFG collaborative study on mitochondrial DNA: Focus on the mtDNA profile of a mixed semen-saliva stain

We report here a review of the seventh mitochondrial DNA (mtDNA) exercise undertaken by the Spanish and Portuguese working group (GEP) of the International Society for Forensic Genetics (ISFG) corresponding to the period 2003–2004. Five reference bloodstains from five donors (M1–M5), a mixed stain of saliva and semen (M6), and a hair sample (M7) were submitted to each participating laboratory for nuclear DNA (nDNA; autosomal STR and Y-STR) and mtDNA analysis. Laboratories were asked to investigate the contributors of samples M6 and M7 among the reference donors (M1–M5). A total of 34 laboratories reported total or partial mtDNA sequence data from both, the reference bloodstains (M1–M5) and the hair sample (M7) concluding a match between mtDNA profiles of M5 and M7. Autosomal STR and Y-STR profiling was the preferred strategy to investigate the contributors of the semen/saliva mixture (M6). Nuclear DNA profiles were consistent with a mixture of saliva from the donor (female) of M4 and semen from donor M5, being the semen (XY) profile the dominant component of the mixture. Strikingly, and in contradiction to the nuclear DNA analysis, mtDNA sequencing results yield a more simple result: only the saliva contribution (M4) was detected, either after preferential lysis or after complete DNA digestion. Some labs provided with several explanations for this finding and carried out additional experiments to explain this apparent contradictory result. The results pointed to the existence of different relative amounts of nuclear and mtDNAs in saliva and semen. We conclude that this circumstance could strongly influence the interpretation of the mtDNA evidence in unbalanced mixtures and in consequence lead to false exclusions. During the GEP-ISFG annual conference a validation study was planned to progress in the interpretation of mtDNA from different mixtures.     

Development of a deoxyribonucleic acid (DNA) restriction fragment length polymorphism (RFLP) database for Punjabis in East Punjab,India

In response to continuing interest in obtaining reference deoxyribonucleic acid (DNA) analysis data for previously unstudied population groups, blood samples were collected from Punjabi individuals living in East Punjab, India. This first segment of our research is focused on restriction fragment length polymorphism (RFLP) analysis, with future segments anticipated for various polymerase chain reaction (PCR) based techniques. In this study, the samples were subjected to RFLP analysis using HaeIII, followed by hybridization with variable number tandem repeat (VNTR) probes for loci D2S44, D1S7, D10S28, D4S139, D17S79 and D5S110. The band sizes of the resulting patterns were estimated using an FBI imaging system. The resulting data were subjected to statistical analysis for conformity with Hardy-Weinberg expectations, first for the total population of Punjabis, and additionally for the subgroups of Sikhs and Hindus. The loci are highly polymorphic in all sample populations studied. Except for D5S110, there is no evidence for departure from Hardy-Weinberg equilibrium (HWE) for the VNTR loci in the population groups. In addition, there is little evidence of correlation between the alleles at any of the pairs of loci and no evidence of association across the six loci. Finally, the data suggest that a multiple locus VNTR profile would be rare in the Punjabi or either of its subgroups.     

Return of the fetish: a plea for a new materialism

This essay argues for a renewed form of critique based upon a non-deflationary realist and materialist understanding of the nature of objects. Such an understanding is set against the deflationary conception of materiality common nowadays, one that sees ‘signs’ in the place of powerful objects (exemplars, charms, fetishes), adjudicates against the latter as mere relics of the past and can only conceive of material relations and causality in representational terms, as co-relative to our self-positing powers. Such a conception is responsible for our present inability to think the role of radical claims, thick attachments and religious objects in modern secular societies. The argument is developed from within a phenomenological tradition that includes Hegelo-Marxian themes and connects them with more and less recent insights from anthropology and elsewhere concerning value and objectification in modern times.

Protecting the planet: a proposal for a law of ecocide

A wide range of actions imperil the planet and threaten the future of humanity and other species. This essay notes some examples of crimes and harms damaging to the environment and human and non-human species as well as various forms of response that have called for more effective and appropriate models of justice and law than currently prevail. This leads to a discussion of several suggestions regarding the development and expression of an earth jurisprudence and to the history of a proposal that “ecocide” be recognised internationally as a crime. Analysis of documentary sources traces this idea from debates about the concept of genocide to consideration by United Nations officials as to how crimes against the environment might be defined, and shows how near such a proposal has previously come to acceptance and enactment. The article concludes with an argument for supporting a law of ecocide as the 5th Crime against Peace.     

Toward a continuum of care for the elderly: a note of caution

The search for better ways to care for the chronically ill elderly has led to "alternatives to institutional care." A study fo geriatric day care and homemaker services finds that they were used as an add-on to existing care, few patients benefited, and costs were 60-71% higher than costs of a control group. Four more studies have confirmed the lack of substitution effects. Services could be targeted on those who need them even though it is very difficult to do so, and efficacy should be demonstrated before benefits are expended to new services.     

Perceptions of global inequality: a call for research

In light of media attention to and growing public awareness of the globalizing economy, a case for the expanded empirical investigation of public perceptions of international income distribution and inequality is presented. Theoretical issues to be illuminated by such studies are considered; exploratory qualitative data are provided to illustrate the rich potential of such research; and a variety of issues that must be addressed when conducting future research in this area are reviewed.     

Youth homicide: a review of the literature and a blueprint for action

This article first synthesizes the literature on clinical and empirical findings related to youth homicide. Thereafter, it reviews the literature with respect to the treatment of juvenile homicide offenders. Although a large body of literature exists, many questions regarding etiology, associated risk factors, intervention strategies, and long-term outcomes remain unanswered. The article concludes with recommendations to guide future research efforts with the aim of increasing understanding of etiological factors associated with juvenile homicide and designing effective intervention strategies. Greater advances in knowledge will follow with the implementation of enhanced methodological designs that examine juvenile homicide across four distinct time frames: the years preceding the homicide, the time period immediately following the homicide, the incarcerative or treatment period, and the post-release period.     

A test for carrion fly full siblings: a tool for detecting postmortem relocation of a corpse

We propose a genetic test for full sibship for a pair of carrion flies that could reveal the postmortem relocation of a corpse. A carrion fly larva is sometimes left behind when a corpse is moved. The discovery of full sibling larvae of approximately the same developmental stage at two locations would strongly suggest that a corpse was moved between those two sites. Distributions of pairwise comparisons of relatedness (R) coefficients were generated using amplified fragment length polymorphism profiles for nine samples of laboratory-generated full siblings as well as for a reference sample of nonfull sibling Phormia regina (Diptera: Calliphoridae). The mean relative R coefficient, a pairwise measure of the proportion of shared alleles, was 0.479 (±0.289 SD) for full siblings, close to the theoretical expectation of 0.5. A likelihood ratio (LR) test was based on observed distributions of R. R >0.55 corresponded to an LR >1000 favoring full sibship for that pair of individuals.