Demonstrating Access to Public Services Diagrammatically

The Nomogramma di Gandy is a practical analytical tool and presentational method that can be applied to the subject of access to public services, such as universities, prisons, and hospitals. Illustrative examples are provided. It is flexible, requires minimal data, and can compare access across many geographical areas in one presentation. It addresses the need to appreciate the dynamics that can exist behind summary statistical analyses that focus on net changes, and can show trends over time. Such visual scanning of multiple data points and their relative juxtapositions, enables many common thinking errors to be minimized, if not completely avoided.     

Illegal downloads: sharing out online liability: sharing files, sharing risks

Legal context: Until the Geneva Treaties provided the communication to thepublic right copyright law struggled to provide a coherent responseto filesharing of music and films. Liability for uploaders wasestablished but in practical terms this was not effective. Visitingliability on telecommunications networks and ISP's was not possiblein the light of the international consensus that such entitiesshould enjoy a measure of immunity. The music industry in particularhas launched successful actions against software providers andend users by resorting to either contributory infringement orauthorising infringement. Safeguards against invasion of privacyare put in place but these do not guarantee that the means ofcollecting evidence are necessarily lawful and the Dutch decisiondenying BREIN access to the identities of suspected filesharersbecause of data capture techniques is to be welcomed. Music,film and broadcast rightholders are now using Norwich Pharmacaland notice and take down proceedings to force ISP's cooperatein enforcing copyright law. Key points: Through use of copyright law the music industry in particularhas been successful in shutting down software providers andis still seeking to drag users and parents through the courts.Privacy considerations are not being clearly addressed in somecountries. The signs are that greater use of the criminal lawis intended in many jurisdictions. Practical significance: Decisions such as Sharman suggest that the most effective wayof dealing with filesharing is to go against software providersbut that even this will not stop this activity and that theexpansion of the legal download market and improved productsand services will be the best and most effective response tofilesharing. The writer thinks the increased use of the criminallaw is likely but that such a development is neither a proportionatereaction when civil law remedies are available nor is it a responsibleuse of public funds when law enforcement bodies face other moreserious challenges.     

Reviews

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