The directive on the legal protection of computer programs

Conclusion Other matters which are essentially left to national provisions include issues of fair use (apart from Article 5), moral rights, authorship and ownership. However, the bland terms of Article 2 (dealing with authorship) was only reached after one of the more controversial proposals was rejected. This was the suggestion that the ownership of a program which has been commissioned should belong to the commissioner rather than the author. This would have been a provision which would have been out of step with most countries' copyright legislation. In any case, it is probably a matter best dealt with by contract. The author, or his employer, will be able to negotiate so that their creativity can be retained in the organisation while the commissioner can ensure that the product can be fully and beneficially used in his organisation. if that requires a transfer of the full copyright then the assignment must be contracted.Article 10(1) requires that member states shall implement the provisions of the Directive by 1st January 1991. Given that many of the requirements are already in place in the Copyright, Designs and Patents Act 1988, it will be a nice matter of judgment for the United Kingdom to decide how that implementation is to occur. There are certainly a sufficient number of differences from our present law, and ambiguities as to their effect, to require some substantive modification of the scheme of the 1988 Act.     

From “Queue Jumpers” to “Absolute Scum of the Earth”: Refugee and Organised Criminal Deviance in Australian Asylum Policy

The arrival of asylum seekers by boat in Australia is no longer represented as a threat by the Australian government because of characteristics of asylum seekers themselves, but is instead predominantly represented as threatening because of the involvement of transnational organised crime in the form of people smugglers. This progression, which is demonstrated by comparison of the approach of the Howard coalition government with that of the Rudd and Gillard Labor governments, is best understood by reference to conventional understandings of organised crime and irregular migration, and critical accounts of both phenomena. Understood in this way, organised crime and people‐smuggling discourses serve to externalise the asylum seeker “problem” and maintain punitive policies, inhibiting the development of effective regional responses to the issue.     

Free and unfree labor in Qing China

Though internal migration in China during the Qing era (1644–1911) was mostly unrestricted, the government tightly controlled the movement of peasants who worked state lands in frontier regions and certain other locations. Such peasants accounted for 5–10% of China's population. In the state farms of northeast China, households could move legally only from one place to another within the system. Departure from the system was illegal. In this article, one of the first quantitative studies of migration in late imperial China, we apply discrete-time event-history methods to longitudinal, nominative household register data from six northeast Chinese state farm systems to compare how characteristics of the farm system, village, and household influenced the chances of legal moves and illegal departures. We show that among these state peasants, who were supposedly “unfree,” migration was not uncommon. We also show that the determinants of legal and illegal migration differed substantially. We conclude with a discussion of the implications of these findings for our understanding of migration processes in late imperial China.     

Psychological autopsies: the current Department of Defense effort to standardize training and quality assurance

Psychological autopsies have been gathered by the US military for a long time, both for lessons learned after a known suicide and to investigate an equivocal death. The term "psychological autopsies" is now being restricted to define an investigation by mental health to help determine, in an equivocal death, if the manner of death is a homicide, suicide, an accident, or from natural causes. The Department of Defense has developed policy, and is now implementing training and peer review. A sample model curriculum, report format and quality assurance standards are included.     

Global access to treatment: achievements and challenges

As mentioned in the previous issue, this section of the Review addresses issues related to improving access to adequate and affordable care, treatment, and support everywhere. It replaces the section previously called "Patents and Prices." In this issue, we feature a review of achievements and challenges in recent years in opening global access to HIV/AIDS treatments. The article - one of a series commissioned to mark the tenth anniversary of the Canadian HIV/AIDS Legal Network, discussing past developments and future directions in areas of policy and law related to HIV/AIDS - describes the developments that recast the debate about access to treatment from one focused on patent entitlements to one focused on the right to health and treatment. It analyzes the role of national and international activism, strategically constructed alliances, and principled leadership in achieving this change. And it discusses continuing obstacles to equitable access to HIV/AIDS treatments for the world's population.