Why the Fair Use Doctrine Should be Eliminated

The concept of fair use was introduced in the Copyright Act of 1976 as a means of allowing limited free access to copyrighted material. However, the application of fair use principles in the adjudication of infringement cases has demonstrated a fundamental problem in our approach to intellectual property rights. In much the same way as Hardin recognized a tragedy of the commons, continued efforts to make decisions based on the fair use doctrine run the risk of creating an information anti-commons.     

网络极化现象研究——基于四个中文BBS论坛的内容分析

本文试图把"极化"这一概念引入网络政治传播的考察中,主要针对四个中文BBS论坛(强国深水、猫眼看人、天涯杂谈和新浪杂谈)政治讨论中的极端化态度分布状态进行描述与比较。结果显示,态度极化现象与论坛群体和特定的议题类别紧密相关。其中激进派聚集的论坛更容易出现极化;涉及"政府"的议题更容易在激进的论坛中出现极化,而在温和派占据主流的论坛则呈现非极化状态。同时,发帖积极性越高的ID越容易出现态度极化的现象;而且,网民的意见同质化程度越高,则群体极化的程度也就越高。     

Disharmony at the Grassroots Level: Possible Alienation Caused by Town-Level Direct Elections in China

This article examines the next stage in the movement towards self-government in rural China: that is, the direct election of town-level executives. Theoretically, as the article asserts, with the mechanisms and statutes currently in place, direct elections at the town level could generate a two-pronged disaffection. First, there may be alienation between the executives directly elected at the town level and those already directly elected at the village level, namely a “vertical organizational alienation.” Second, there may be alienation between the directly elected “town executives” and the town legislature (People’s Congress), namely a “horizontal governmental alienation.” After describing the possible points of confrontation, the article concludes by proposing how such discord can be prevented from arising and suggests that until the potential problems attendant on these elections have been successfully tackled direct elections at the town level should not be extended into other regions.     

The Physical Basis of Voluntary Trade

The article discusses the conditions under which can we say that people enter the economic system voluntarily. “The Need for an Exit Option” briefly explains the philosophical argument that voluntary interaction requires an exit option—a reasonable alternative to participation in the projects of others. “The Treatment of Effective Forced Labor in Economic and Political Theory” considers the treatment of effectively forced interaction in economic and political theory. “Human Need” discusses theories of human need to determine the capabilities a person requires to have an acceptable exit option. “Capability in Cash, Kind, or Raw Resources” considers what form access to that level of capability should take—in cash, kind, or raw resources, concluding that a basic income guarantee is the most effective method to ensure an exit option in a modern, industrial economy.     

A Case of Moral Heroism: Sympathy,Personal Identification,and Mortality in Rwanda

What sort of person chooses to remain in a place like Rwanda when an easy exit is offered, when leaving seems the only safe or sane option, and when one is not directly connected to the would-be victims? And how does this person come to develop a circle of care that is expansive enough to include those who are radically Other? In what follows, I consider these questions through a detailed examination of the recent example of Paul Rusesabagina, the Hutu hotel manager in Kigali, Rwanda, who sheltered more than a thousand Tutsi and moderate Hutu refugees during the hundred-day genocide. I argue that Rusesabagina was primarily motivated by an awareness of his own mortality, his personal history, a desire to distance himself from the negative behavior of Hutu like himself, and a strong identification with the Tutsi refugees under his protection.     

Three Sorries and You’re In? Does the Prime Minister’s Statement in the Australian Federal Parliament Presage Federal Constitutional Recognition and Reparations?

Then newly elected Labor Prime Minister, Kevin Rudd, made a historic statement of “Sorry” for past injustices to Australian Indigenous peoples at the opening of the 2008 federal parliament. In the long-standing absence of a constitutional ‘foundational principle’ to shape positive federal initiatives in this context, there has been speculation that the emphatic Sorry Statement may presage formal constitutional recognition. The debate is long overdue in a nation that only overturned the legal fiction of terra nullius and recognised native title to lan with the High Court’s decision in Mabo in 1992. This article explores the implications of the Sorry Statement in the context of reparations for the generations removed from their families under assimilation policies (known since the Bringing Them Home Inquiry as the Stolen Generations). We draw out the utility of recent human rights statutes—such as the Human Rights Act 2004 (ACT)—as a mechanism for facilitating justice, including compensation for past wrongs. Our primary concern here is whether existing legal processes in Australia hold further capacity to provide reparation for Australian Indigenous peoples or whether their potential in that regard is already exhausted. We compare common law and statutory developments in other international jurisdictions, such as Canada, as an indication of what can be achieved by the law to facilitate better legal, economic and social outcomes for Indigenous peoples. The year 2008 also saw Canadian Prime Minister Stephen Harper express his apology to residential school victims in the Canadian Parliament, providing thematic and symbolic echoes across these two former colonies, which, despite remaining under the British monarchy, both forge their own path into the future, while confronting their own unique colonial past. We suggest that the momentum provided by the recent public apology and statement of “Sorry” by the newly elected Australian Prime Minister must not be lost. This symbolic utterance as a first act of the 2008 parliamentary year stood in stark contrast to the long-standing recalcitrance of the former Prime Minister John Howard on the matter of a formal apology. Rather than a return to a law enforcement-inspired “three strikes and you’re out” approach, Australia stands poised for an overdue constitutional and human rights-inspired “three ‘sorries’ and you’re in”.