ASSESSING THE SUITABILITY OF THE EU SYSTEM OF LIMITATIONS TO COPYRIGHT

The European Union （EU） recognises that future development largely depends on its ability to advance the digital economy. Copyright ＇fuels＂ the knowledge based sector and the digital economy, making it a fundamental component in any strategy to create sustainable economic growth. EU copyright legislation acknowledges the exclusive rights of authors to reproduce or authorise the reproduction of the work he or she has created, make available or communicate it to the pub#c, and distribute it. It also establishes one mandatory and 20 optional exceptions or limitations to those exclusive rights. The acknowledgement of the importance of the creative sectors in the digital economy has resulted in several EC initiatives, such as stakeholder platforms aiming at developing practical solutions for user access to copyright works based on current legal and other frameworks, and proposals for new EU legislation, including a draft directive on collective rights management, which focuses on governance of collective management organisations （CMO） and cross- border and multi-territorial licensing of musical works. It has also led to requests, including from within the European Commission （EC）, that it be considered whether a review of the current EU system of limitations to the exclusive rights is still appropriate; does it address adequately challenges posed by the digital economy？ The system of exceptions and limitations to the exclusive rights is a crucial element in the EU copyright framework. This paper argues that the fundamental principles of copyright, which grants excusive rights to copyright holders, combined with the possibilities of introducing exceptions and limitations to those exclusive rights in national legislation based on the internationally acknowledged principles of ＂the three-step＇＂ test, are still valid tools and the most appropriate approach to the establishment of a legal framework for user access to copyright materials.     

Discretionary Leniency and Typological Guilt: Results from a Danish Study of Police Discretion

Results from a qualitative study of police discretion in Denmark are presented. The aim of the study was to investigate the background for police decisions made on the spot, and to determine whether or not police discretion amounts to discrimination. Police discretion is analysed as two distinct forms of power, namely the power of definition/suspicion and the power of procedure/prosecution. The study shows that both forms are used in a discriminatory way, and it is argued that use of the power of suspicion results in discrimination. The power of prosecution, on the other hand, need not necessarily entail discrimination, but in practice it often does. The police discern between ?typical offenders' and ?decent citizens' and treat suspects differently according to type. The reason for this discrimination, it is argued, can be found in officers' notions of typological guilt , a form of ? alleged ? guilt that is independent of concrete evidence. Differences in the degree of leniency experienced by different types of suspect can be interpreted as vicarious punishment of the typologically guilty. The impact of this kind of police practice on police?citizen relations, and possibilities for improvement, are discussed.     

Intelligence and the ‘Mindset’: The German invasion of Norway in 1940

‘Weserübung’, the German invasion of Norway and Denmark on 9 April 1940, was a brilliantly successful surprise attack, both strategically and tactically. Strategic surprise was obtained because the idea that Germany was about to launch a major invasion of Norway was remote from any of the preconceived scenarios about Germany's next move. Germany's achievement of tactical surprise was also aided by bad weather in the North Sea. The main reason for the failure of both Norwegian and British policy-makers to comprehend what the Germans were up to lies in the importance of the ‘mindset’. On both sides of the North Sea the conventional wisdom was that Germany would not attempt an invasion of Norway against the supremacy of British sea power. Hence all incoming information was interpreted in Oslo in the light of the next mindset, namely that only a determined British attempt to take control of the Norwegian coast could trigger an armed German retaliation. In London, incoming intelligence was interpreted so as to conform to the Admiralty's preconceived scenario of a German naval breakout into the North Atlantic.     

The White Gold: The Role of Government and State in Rehabilitating the Sugar Industry in Mozambique

This article examines the rehabilitation of the sugar industry in Mozambique after the General Peace Accord in 1992, engaging primarily and critically with certain aspects of the business-state literature. It explains why the sugar sector was rehabilitated from the perspectives of Mozambican state, government and industry actors. The article argues that support for the industry cannot be identified in singular and one-dimensional terms, but must include a variety of attributes of support that emerged from a post-independence fusion of industry, state and government officials' historical experiences of success and failure in the industry, and pragmatic as well as longer-term ideological stances. This, it is argued, created a ‘mediating bureaucracy’ that could broker between the diverse interests and aspirations of state/government and industry.     

Legal Power: The Basic Definition

The concept of legal power (often called legal competence) is important in the law since, with regard to actions having legal effect, the “exercise of legal power” delimits those actions for which manifestation of intention to achieve a legal effect is essential for the effect to ensue. The paper proposes a definition that captures this feature of legal power and marks it off from “direct effect,” as well as from permissibility and practical ability to achieve the legal effect. This analysis of power is limited to the “immediate” legal power of a physical person characterized by the power‐holder achieving a legal result by the power‐holder's own behaviour (not by representatives acting on behalf of the power‐holder). It is argued that in the literature on power the concept of legal power is frequently construed in such a way that it becomes either too broad or too narrow.     

Death of a 10‐Month‐Old Boy After Exposure to Ethylmorphine

Abstract: Ethylmorphine, an opiate that is partially metabolized to morphine, is a common ingredient in antitussive preparations. We present a case where a 10‐month‐old boy was administered ethylmorphine in the evening and found dead in bed the following morning. Postmortem toxicological analyses of heart blood by gas chromatography‐mass spectrometry and liquid chromatography‐mass spectrometry revealed the presence of ethylmorphine and morphine at concentrations of 0.17 μM (0.054 mg/L) and 0.090 μM (0.026 mg/L), respectively. CYP2D6 genotyping showed that the deceased had an extensive metabolizer genotype, signifying a “normal” capacity for metabolizing ethylmorphine to morphine. The autopsy report concluded that death was caused by a combination of opiate‐induced sedation and weakening of respiratory drive, a respiratory infection, and a sleeping position that could have impeded breathing. This is the first case report where the death of an infant has been linked to ethylmorphine ingestion.     

Traumatic Death in Ankylosing Spondylitis

Abstract: Ankylosing spondylitis (AS) is a chronic rheumatic disease that causes spinal rigidity with an increased risk of spinal fractures. We present a case report where a middle‐aged man, in apparent good health, died following a fall from his bike. Postmortem computed tomography (CT) showed several fractures in the cervical and thoracic spine, with displacement into the spinal canal as well as spinal changes consistent with AS. The cause of death was determined to be upper spinal cord injury caused by cervical spinal fractures that were facilitated by spinal rigidity from AS. Further investigation into the medical records revealed that the decedent had previously been treated for AS. This case report illustrates the importance of obtaining a detailed medical history when investigating deaths, including nonfatal conditions, such as AS. Furthermore, it shows the value of CT in the evaluation of the mechanism and manner of death.     

Landschaftszerschneidung und Wiedervernetzung Instrumente und Konzepte zum Schutz der Biodiversit?t vor zerschneidungsbedingten Beeintr?chtigungen durch Bundesverkehrswege

Die Zerschneidung und Verinselung der Landschaft durch Infrastrukturanlagen wie Stra?en und Bahnlinien ist neben der direkten Zerst?rung und mechanischen Sch?digung des Lebensraumes eine der Hauptursachen für den Arten- und Lebensraumschwund. Die Bundesregierung hat sich deshalb in ihrer Biodiversit?tsstrategie zum Ziel gesetzt, bis zum Jahr 2020 die ?kologische Durchl?ssigkeit von zerschnittenen R?umen und bestehender Infrastruktur zu erreichen. Sie erarbeitet dafür derzeit ein Bundesprogramm zur Wiedervernetzung. Der vorliegende Beitrag untersucht die M?glichkeiten zur Berücksichtigung der Landschaftszerschneidung in der Bundesverkehrswegeplanung sowie die Konzipierung von Wiedervernetzungsma?nahmen aus rechtlicher und planerischer Sicht.     

An alternative approach to Computerized Tomography (CT) in forensic pathology

Computerized Tomography (CT) is used by some forensic pathology departments as a supplement to the forensic autopsy. Departments with a limited number of autopsies may find it relatively expensive to acquire and operate a CT-scanner. Furthermore, it requires a great deal of training and experience to interpret the radiological data. We are currently evaluating CT in order to decide whether the benefits match the efforts. In selected death-investigations the Department of Radiology at Aarhus University Hospital performs CT of the body on behalf of the Institute of Forensic Medicine at Aarhus University and a skilled radiologist interprets the data. We present our radiological findings in the 20 cases where we have used CT and compare them to the autopsy findings. The cases include fatalities from beatings, stabbings, gunshots, fires and traffic accidents. CT is an excellent tool for documenting and illustrating certain lesions, such as gunshot wounds and bone fractures, where we can obtain information that possibly would have been missed at the autopsy. We believe, however, that further research is required before we can recommend CT as a part of a standard forensic autopsy. The cooperation between forensic and radiological departments is a good approach for smaller forensic departments that insures a skilled interpretation without having to divert a lot of resources to equipment and training.     

德国应对世界经济危机的措施

本文全面分析了德国政府迄今采取的应对当前经济危机的各项举措,包括金融市场稳定措施和两套经济振兴计划。与此同时,本文也简要介绍了欧盟层面的经济振兴计划。作者最后指出,德国所采取的应对危机的经济政策措施带有明显的凯恩斯主义的赤字开支政策的特征,并提出忠告,要避免重蹈六、七十年代凯恩斯主义经济政策的覆辙。