网络等领域垄断看门人的替代责任

在网络以及其他领域中,垄断看门人是指有权并有能力将侵犯他人版权者排除出其服务网络的人.垄断看门人的行为可以起到有效防止侵权的作用.尽管一个垄断看门人不能直接控制侵害的发生,但是可以通过将侵犯他人版权者排除出网络的威慑来遏制侵权.本文依据三种不同的关系对替代责任的构成要素进行探讨:雇主与雇员的关系,经营场所提供者的情况和基础设施垄断提供者的情况.本文论述了版权侵权中垄断看门人替代责任的可取性,并且对诸如制止理论和矫正正义的理论基础进行了探究.垄断看门人应当建立一套责任制度,以平衡阻止侵权的需要和它们的风险.     

Debating Asian security: Michael Leifer responds to Geoffrey Wiseman

Abstract The national Councils for Security Cooperation in the Asia-Pacific (CSCAPs) are fine exemplars of Track II security diplomacy whose mission is to prepare studies on security matters for their governmental Track I counterparts in the ASEAN Regional Forum (ARF). The CSCAPs also provide a test of propositions drawn from the epistemic community literature in inter-national relations which posits that non-governmental experts can influence government decision-making. This study of CSCAP activities and their impact on the ARF provides some support for epistemic community propositions. However, other findings suggest that epistemic community theory requires modification to take account of the blurred line between Tracks I and II in CSCAP. Nevertheless, the CSCAPs have achieved some noteworthy successes, including a definition of preventive diplomacy adopted by the ARF. On balance, then, Track II epistemic communities are playing a significant role in Track I security deliberations in the Asia-Pacific.     

The appeal and behavior of the ku kiux klan in object relations perspective

Abstract

The conspicuous and peculiarly ruinous behavior of the Ku Klux Klan may provide an example of psychosocial pathology that can be usefully analyzed via an extension of object relations theory. This largely theoretical paper employs the concept, pioneered by Klein, of the split maternal presence and advances the theoretical hypothesis that this split is projected into social life. Some deprived and psychologically damaged adults experience the “maternal presence” of society as split and have special requirements for group support. Under certain circumstances, groups like the KKK may meet those requirements. In addition, the eruption of group violence of the KKK type may be explainable by analyzing the psychodynamics of group regression to an infantile level and the accompanying arousal of the “unmanageable mother.”     

Coming to terms with a ‘European identity’: The Sudeten Germans between Bonn and Prague

An expansion of the welfare state is often expected to cause a strengthening of the identification of ‘the people’ with the state. It is the aim of this article to show that the integration of the pension system of the former GDR into the pension system of the FRG has to be seen as an expansion of the welfare state that did not have this positive effect. To this purpose, the German pension systems and their unification are analysed. It is argued that the gauge for identification with the welfare state is the national interest and not private benefit and that therefore the integration of the GDR pension scheme did not result in a strengthening of identification, despite the welfare expansion.     

Arresting Nazi spies in Vichy France (1940–42)

This article deals with the controversial and neglected topic of the anti‐German aspect of counter‐espionage in wartime France. The Vichy government initially tolerated the arrest of Nazi agents as a way of securing its sovereignty over the ‘unoccupied’ parts of France or paradoxically of reinforcing collaboration by offering arrested spies as a bargaining counter in negotiations with the Nazis. Rapidly it began to back‐track, undermining its secret services in this domain, as the desire to avoid diplomatic incidents weakened its resolve. Members of the secret services themselves took the dangerous decision to continue to see the Germans as an enemy power, although this attitude was never entirely devoid of ambiguity.     

Diplomatic innovation: Nasser and the origins of the interests section

This article examines the origins of the interests section and the indirect role played by Nasser in its creation. After providing a formal definition, it goes on to examine two case studies: first, the confluence of events that led to the first use by Egypt and West Germany in May 1965; second, the technical details involved in establishing the first British interests sections as occurred in the Anglo‐Egyptian example of December 1965. It concludes that both case studies were innovative responses to unusual circumstances and offer potential gains for further research in the area of ‘disguised’ embassies.