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291.
Sandra Schmitz 《International Review of Law, Computers & Technology》2015,29(1):33-49
Recently, tens of thousands of German Internet users were confronted with copyright infringement claims for allegedly watching porn clips on the streaming platform RedTube.com. The alleged copyright infringers received ‘Abmahnung’ cease and desist letters that gave them an opportunity to settle copyright infringements out of court by paying rights-holders €250 in compensation. While in cases relating to peer-to-peer file-sharing, the IP address of a peer can easily be identified,1 the RedTube case raises the question how consumers of a stream could be identified. In addition, it raises the question of whether the consumption of a stream is illegal under German law. Assuming that this is not the case, this analysis of the RedTube case highlights that the system of Abmahnungen is prone to abuse in an Internet context. Several weaknesses of the current system are identified, which show that disclosure requests are not thoroughly assessed by courts and that lawyers are far too willing to send out cease and desist letters although an infringement is not obvious. This environment allowed the emergence of anti-piracy business models that succeed in turning infringements into profit and that do not hesitate to make unfounded claims. 相似文献
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The first 150 words of the full text of this article appear below. Key points
1. The Convention as a response to evolving markets
2. Certainty as to applicable law as the result of express agreement
Scope of the law chosen: issues, definitions and internationality Express agreement in either of two forms The Qualifying Office requirement
3. Fall-back rules and pre-Convention agreements
The fall-back rules Pre-Convention agreements
4. Conclusion
相似文献
- Transactions involving intermediated securities –ie securities that are held in an account with a broker, bank,clearing agency or other intermediary – demand a highdegree of ex ante legal certainty. However, for intermediatedsecurities accounts and transactions that reach across bordersas is increasingly prevalent, the traditional conflicts of lawrules for many of the most important commercial law issues failto provide this certainty.
- The Hague Securities Conventionprovides a modern and practical approach for determining theapplicable law. In most cases, the express terms of the agreementbetween the applicable account holder and its intermediary willbe determinative, including as against third parties, providedthat at the time of the agreement the intermediary is engagedin the business of maintaining securities accounts in the specifiedjurisdiction. The Convention is expected to be ratified in somenations fairly soon.
- Once the Convention becomes effective,it
. . . [Full Text of this Article]
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Over the last two decades in Canada, police intervention inwoman abuse cases has become one of the primary responsesto this form of violence against women. As a review of the literature reveals, however, very few studies have soughtto examine women's perceptions of the ``policing solution'to woman, and only a handful have explored the views ofimmigrant women. This is an unfortunate hiatus as studiesindicate that criminal justice intervention in woman abusecases can often bring in tow a multitude of harms to womenwho are socially and economically marginalized. As a steptowards addressing this hiatus, this article reports on theperceptions held by forty-eight immigrant women about the``policing solution' to woman. The data were generated fromfocus group interviews that occurred in New Brunswick in thespring of 1997. Many of the women indicated that they held anumber of fears about police intervention in woman abusecases and they identified a myriad of forms of harm thatcould and often does occur pursuant to police involvementin such situations given immigrant women's socio-economicvulnerability. The concerns and feelings that the womenexpressed about police intervention mirror, at some level,many of the emotional responses and dynamics that arise forwomen when they experience woman abuse. 相似文献
297.
Sandra K. Penrose 《澳大利亚政治与历史杂志》1998,44(2):209-224
The attitude of the early Menzies Government towards the recognition of the People's Republic of China has not been well understood in the literature on Australia's international relations. The early Menzies regime has been taken by some scholars to be implacably opposed to communism, including Chinese communism, by others to have ceased to consider recognition because of the Korean War and by a third contingent to have been responsive to United States pressure not to recognise the Chinese communist government. A perusal of the foreign policy documents of the period of the first Menzies ministry reveals that both Menzies and Spender were giving favourable consideration to recognising the People's Republic of China during late 1950 and early 1951 and that none of these three views were decisive in preventing recognition. The question for Menzies and Spender was not whether to recognise but when to recognise and the actions of the Chinese communists themselves, in particular their attitude to British recognition, created the greatest impediment to recognition by Australia at that time. 相似文献
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299.
Sandra S. Krajewski Mary Fran Rybarik Margaret F. Dosch Gary D. Gilmore 《Journal of family violence》1996,11(2):93-112
This research measured the effects of a violence prevention curriculum on the knowledge and attitudes of seventh grade health education students (N=239) about woman abuse using a valid and reliable inventory. Pretests, post-tests, and post-post-tests were administered to experimental and comparison groups. The experimental group received the curriculum intervention,Skills for Violence-Free Relationships. Significant differences were found between the experimental and comparison groups from pretest to post-test on both the knowledge (p=.0027) and attitude (p=.0089) sections of the inventory. This impact did not remain stable at post post-test. These results confirm those found in other studies and reinforce recommendations of the battered women’s movement to integrate violence-free principles into school curricula. Within the experimental group, significant gender differences were found only on the attitude section from post-test to post post-test (p=.0335); females showed greater change over time. Such limited change was not unexpected in a middle school population given the reported formative nature of the subjects’ gender acquisition as contrasted with those at an older age. 相似文献
300.
Sandra M. Donaldson 《Women's studies international forum》1984,7(4):227-235
This pilot study is a woman-centered exploration of the effects of pregnancy on a woman artist's work, asking what changes in the work occur during pregnancy or as a result of pregnancy.Conventionally, conditions for artistic creation and for reproduction have been thought to be mutually exclusive, the one requiring self-centeredness and the other, selflessness. The women in this study reported instead that their work was augmented by this change and its product, motherhood. Subject matter and imagery, use of time, attitude about the world and the self were seen in retrospect—if not always at the time—to have benefitted. Having enough time to spend on one project or the other was the most significant conflict reported.Recent theories about and explorations of women's lives and ideas, particularly regarding preparation for motherhood, support what the subjects of this study reported about the multi- layered complexity of the experience. Beauvoir, Rich, Ruddick and Gilligan provide the theoretical background: patriarchal culture's use of biology marks women off as being significantly different from men; while this bodily distinction has been used to limit women, it need not be and may instead be a source of power and growth; maternal thinking has its own previously unacknowledged structures; and women's development, particularly in the valued category of morality, has a different basis than men's, in responsibility rather than in rights.Instead of dividing art from life, motherhood, if not pregnancy specifically, allowed, demanded, or called up a vision of enlargement and unity in social, spiritual, and universal terms, a transcendent philosophy that is not an escape but an embrace. 相似文献