Links and copyright law

For at least 15 years, there have been question marks over the legal permissibility of connecting one web resource to another by means of links. The purpose of this paper is to assess where we stand in terms of the legal state on the threshold of the new decade. The substantive argument in this paper is that, fundamentally, there are only two sorts of links. ‘Normal’ links facilitate access to subject matter that has been made available to the public and are visible to users as ‘activatable’ references. ‘Embedding’ links, by contrast, automatically incorporate online material and cause it to become a part of the embedding document. On the grounds of the cumulative judicial custom in the member states of the European Union, this paper proposes that normal links as such should invariably be deemed not to create a state of interference with copyright law. Embedding links, however, may constitute an infringement of the exclusive right of alteration, communication or reproduction enjoyed by the copyright holder, depending on the facts and circumstances.     

Learning from Contemporary Conflicts to Prepare for Future War

Recent and ongoing wartime experience has discredited much of the thinking that underpinned the “Defense Transformation” effort in the 1990s. If we are to be prepared for future conflict, it is vital that we learn from experience and adjust our thinking about war. It is time to develop idealized visions of future war that are consistent with what post-9/11 conflicts have revealed as the enduring uncertainty and complexity of war. These concepts should be “fighting-centric” rather than “knowledge-centric.” They should also be based on real and emerging threats, informed by recent combat experience, and connected to scenarios that direct military force toward the achievement of policy goals and objectives. We must then design and build balanced forces that are capable of conducting operations consistent with the concepts we develop.     

Defense Management Challenges for the Next American President

The next American president will face a daunting list of national security problems, including a serious defense budget crunch. The budget crisis will be deepened by the global financial crisis, a tapering of supplemental funding associated with the wars in Iraq and Afghanistan, and the steady growth of military healthcare and other personnel costs. After six years of rapid defense budget increases, the Pentagon has lost the practice of matching strategy and resources. The next president will need to manage risk among investments in irregular warfare, counterterrorism, balancing new super powers, countering weapons of mass destruction, and traditional warfare. He will also need to begin to build non-military “soft power” capabilities outside of the Pentagon.     

COIN Machine: The British Military in Afghanistan

This article assesses the British military effort in Afghanistan looking at three key elements in the campaign: strategy, military operations, and the inter-agency “Comprehensive Approach.” We start by recognising the scale of the challenge that has faced the British: of all the provinces in Afghanistan, Helmand is the toughest to stabilize and secure. We then examine the evolution of all three elements above and find significant improvements in each: a flawed strategy has been corrected; the military have received more resources and become significantly better at COIN; and there is significant progress in the development of the inter-agency approach. In short, what the Americans will find in Helmand is a British COIN machine; a little creaky perhaps, but one that is fit for purpose and getting the job done. We briefly conclude on the prospects and the key to success: namely the development of a more coherent international strategy that accommodates the challenges posed by both Afghanistan and Pakistan.     

Effective Advice in Decisions for War: Beyond Objective Control

For half a century the study of civil-military relations has focused on the problem of civilian control, with Huntington's objective control concept supported as the optimal solution not only for civilian control in peacetime but also for military success in war. The challenges of modern warfare suggest the need for a new problématique founded upon the essential need for accuracy in pre-war net assessments. Inaccurate pre-war assessments, rather than a purported dearth of objective control or ‘derelictions of duty,’ explain many problems with recent war efforts. Furthermore, accurate pre-war assessments are hindered by objective control arrangements. An alternative approach of Open Debate among civilian and military leaders, would, in the pre-war period, acknowledge the need for high-level discussion of non-politicized expertise from multiple institutions. Open Debate would require altering institutional arrangements as well as the education of public servants.     

China's New Multi-Faceted Maritime Strategy

As trade-driven growth and prosperity redefine both the Chinese economy and the global competitive landscape, U.S. policy makers increasingly must ponder whether the Chinese leadership will seek new options and capabilities to protect its far-reaching oceanic lifelines. As imported oil and raw minerals power the Chinese juggernaut, much of these flows traverse the Strait of Malacca and other littorals where there is little current Chinese capability to project power. In recent years, there is an ongoing debate among Chinese military circles regarding the feasibility of constructing a blue-water fleet that could change the balance of power in the Western Pacific and Indian Oceans. U.S. policy makers watch with increasing unease as a new generation of technically-savvy navy officers forcefully argue for a forward-looking maritime strategic posture that extends beyond the East and South China Seas. In addition, recent Chinese space-based and cyber warfare technology initatives bear watching as Beijing seeks to nullify key U.S. advantages in C4SRI using a high-tech variant of “asymmetric warfare.” Although it is unclear what direction future Chinese maritime strategy and doctrine will take, U.S. policy makers need to remain vigilant about rising Chinese maritime ambitions and capabilities in the future.