Autorisierung. Eine wissenschafts- und wirtschaftssoziologische Perspektive auf geistiges Eigentum

Property obliges??and intellectual property entails responsibility about the knowledge produced. The theoretical concept of authorization enables the development of a genuinely sociological perspective of intellectual property. Based on this perspective of intellectual property, it is possible to introduce new aspects in the current and for the advanced knowledge capitalism central debate. The concept of authorization is based on the observation that??from the perspective of knowledge users??it is very difficult (if not impossible) to assess in advance the quality of knowledge and knowledge goods, like for example drugs. This uncertainty entails the consumers?? demand for authorization for an attribution of responsibility. The need of authorization is caused by the extent of insecurity and it exists independently from the aspiration of intellectual property by a company or person (for the time being, the debate struggles only with the last problem). Starting from there, the article examines the question how authorization is being established in the social field. Thereby, it is not only contentious whether or not knowledge should be commercialized or is open access. It is also contentious to which extend the power of definition should be hierarchically monopolized or egalitarianly distributed. The theoretical perspective will be illustrated with a case study on the authorization of seed??the latter being an economic resource which is of elementary importance for human life.     

The association between body mass index and pulmonary thromboembolism in an autopsy population

Abstract: To evaluate the association between obesity and pulmonary thromboembolism (PTE) in a forensic context, 160 autopsy cases of fatal PTE were compared with age‐ and gender‐matched controls. The mean age of cases was 66 years (range 26–98 years; M/F 74:86). The mean body mass index (BMI) of cases with PTE was 30.88 (range 14.95–79.51), which was significantly higher than in the controls (mean BMI = 25.33; range 12.49–61.84) (p < 0.0001). Comparing the group with PTE with controls showed that five (3.1%) compared to 20 (12.5%) were underweight, 39 (24.4%) compared to 67 (41.88%) were of normal weight, 49 (30.63%) compared to 43 (26.88%) were overweight, 43 (26.88%) compared to 24 (15%) were obese, and 24 (15.0%) compared to six (3.75%) were morbidly obese. In each category of above‐normal BMIs, there were significantly greater numbers in the groups with PTE: overweight (p < 0.01), obese (p < 0.001), and morbidly obese (p < 0.0001).     

Trace detection of meglumine and diatrizoate from Bacillus spore samples using liquid chromatography/mass spectrometry

Following the September 11, 2001 terrorist attacks, letters containing Bacillus anthracis were distributed through the United States postal system killing five people. A complex forensic investigation commenced to identify the perpetrator of these mailings. A novel liquid chromatography/mass spectrometry protocol for the qualitative detection of trace levels of meglumine and diatrizoate in dried spore preparations of B. anthracis was developed. Meglumine and diatrizoate are components of radiographic imaging products that have been used to purify bacterial spores. Two separate chromatographic assays using multiple mass spectrometric analyses were developed for the detection of meglumine and diatrizoate. The assays achieved limits of detection for meglumine and diatrizoate of 1.00 and 10.0 ng/mL, respectively. Bacillus cereus T strain spores were effectively used as a surrogate for B. anthracis spores during method development and validation. This protocol was successfully applied to limited evidentiary B. anthracis spore material, providing probative information to the investigators.     

Comparative Analysis of the Chemical Profiles of 3,4-Methylenedioxymethamphetamine Based on Comprehensive Two-Dimensional Gas Chromatography-Time-of-Flight Mass Spectrometry (GC × GC-TOFMS)*

Abstract: The chemical profiling of illicit drugs is an important analytical tool to support the work of investigating and law enforcement authorities. In our work, comprehensive two‐dimensional gas chromatography–time‐of‐flight mass spectrometry (GC × GC‐TOFMS) combined with nontargeted, pixel‐based data analysis was adapted for the chemical profiling of 3,4‐methylenedioxymethamphetamine (MDMA). The validity and benefit of this approach was evaluated by analyzing a well‐investigated set of MDMA samples. Samples were prepared according to a harmonized extraction protocol to ensure the comparability of the chemical signatures. The nontargeted approach comprises preprocessing followed by analysis of variances as a fast filter algorithm for selection of a variable subset followed by partial least squares discriminant analysis for reduction to promising marker compounds for discrimination of the samples according to their chemical profile. Forty‐seven potential marker compounds were determined, covering most of the target impurities known from the harmonized one‐dimensional profiling as well as other compounds not previously elucidated.     

Ausfallshaftung und Kaduzierung

Eine jüngst ergangene Entscheidung des OGH (6 Ob 204/11k wbl 2012, 291) bietet Anlass, über das Verh?ltnis der Ausfallshaftung (§ 70 GmbHG) zum Kaduzierungsverfahren (§ 66 GmbHG) nachzudenken. Die Rechtsfrage lautet: Bedarf die Geltendmachung der Ausfallshaftung der vorherigen Durchführung eines Kaduzierungsverfahrens?     

Talking Heads and Bleeding Hearts: Newsmaking, Emotion and Public Criminology in the Wake of a Sexual Assault

Using our own experiences in attempting to ‘do’ public criminology in the wake of a violent sexual assault on our campus, we offer a critique of the emerging public criminology framework. Focusing specifically on tensions between fact and emotion and representations of expertise in the news media, we argue for a greater respect for emotional responses to crime in moving the public criminology agenda forward. We suggest that if public criminology sets as its goal educating the public about crime with an eye towards injecting a counter/critical discourse into ‘get tough’ crime control policies, then public criminologists need to recognize and take seriously the public’s emotions rather than negate them. Drawing on the work of Ahmed (The cultural politics of emotion. Routledge, London, 2004), we suggest that the role of the expert is not to simply inform citizens of the ‘facts’ about crime, but to establish—through emotions—the relationship between themselves and the imagined criminal Other (Young in Imagining crime: Textual outlaws and criminal conversations. Sage Publications, London, 1996). Thus, alongside trying to convince the public to be more ‘rational’ when it comes to crime, critical criminologists must start to accept people’s fear and anger as legitimate reactions and try to redirect these emotions toward more productive ends.     

The Reuse of Public Sector Information in Europe and Its Impact on Transparency

The dissemination of public sector information is not carried out exclusively by public administration. A significant proportion of public sector information constitutes the raw material used by the content industry to offer goods and services and by citizens to provide richer information. In the European Union, Directive 2003/98/EC on the reuse of public sector information establishes a set of rules governing the reuse of public sector information. Although this rule is not intended to provide greater transparency, the re‐use of public sector information could have this effect. This article sets out the European policy on public sector information reuse and it looks in depth at the content of Spanish Act 37/2007, of 16 November, about the reuse of public sector information, as a case study, outlining some of the instruments that have been used in Spain as well as in other Member States to promote the reuse of public sector information.     

Forensic Analysis of mtDNA Haplotypes from Two Rural Communities in Haiti Reflects Their Population History

Abstract: Very little genetic data exist on Haitians, an estimated 1.2 million of whom, not including illegal immigrants, reside in the United States. The absence of genetic data on a population of this size reduces the discriminatory power of criminal and missing‐person DNA databases in the United States and Caribbean. We present a forensic population study that provides the first genetic data set for Haiti. This study uses hypervariable segment one (HVS‐1) mitochondrial DNA (mtDNA) nucleotide sequences from 291 subjects primarily from rural areas of northern and southern Haiti, where admixture would be minimal. Our results showed that the African maternal genetic component of Haitians had slightly higher West‐Central African admixture than African‐Americans and Dominicans, but considerably less than Afro‐Brazilians. These results lay the foundation for further forensic genetics studies in the Haitian population and serve as a model for forensic mtDNA identification of individuals in other isolated or rural communities.