An academic perspective on the copyright reform

The recently proposed new Copyright Directive was released on 14 September 2016. It has been described by EU law-makers as the pillar of the copyright package promised by the European Commission (EC), to be delivered before the end of Mr. Juncker's mandate. In its Communication of 6 May 2015, the EC had stressed “the importance to enhance cross-border access to copyright-protected content services, facilitate new uses in the fields of research and education, and clarify the role of online services in the distribution of works and other subject-matter.” The proposed Copyright Directive is thus a key measure aiming to address two of these three issues. However it is not without shortfalls.We have therefore decided to publicly express our concerns and send an open letter to the European Commission, the European Parliament and the Council to urge them to re-assess the new provisions dealing with mandatory filtering of user-generated content in the light of the CJEU case law and the Charter of Fundamental Rights of the European Union.In a more extended statement, we examine in details the text of both the explanatory memorandum and the Directive itself.Our conclusions are:1. A comprehensive re-assessment of Article 13 and Recital 39 in the light of the Charter of Fundamental Rights of the European Union and the E-commerce Directive (in particular Article 15) including CJEU case law is needed, as the proposed Copyright Directive does not expressly address the issue of its compatibility with both of these texts.2. Recital 38 does not clarify the domain and effect of Article 13. Rather, it creates confusion as it goes against settled CJEU case law (relating to Articles 14 and 15 of the E-commerce Directive and Article 3 of the Infosoc Directive). Recital 38 should therefore be deleted or substantially re-drafted/re-phrased. If the EU wants to introduce a change in this regard it should clearly justify its choice. In any case, a recital in the preamble to a directive is not an appropriate tool to achieve this effect.We hope that this exercise will prove useful for the debate that has now begun both in the European Parliament and in the Council.     

Rechtsfolgen fehlerhafter Willensbildungsakte der Eigentümergemeinschaft nach dem WEG 2002

Der Wortlaut des § 24 Abs 6 Satz 1 WEG 2002 l?sst die unterschiedlichen Rechtsfolgen fehlerhafter Willensbildungsvorg?nge der Eigentümergemeinschaft nicht erkennen. Der folgende Beitrag versucht, fehlerhafte Willensbildungsvorg?nge im Einklang mit dem allgemeinen Verbandsrecht zu kategorisieren.     

The use of a tunable light source (Mini-Crimescope MCS-400, SPEX Forensics) in dissecting microscopic detection of cryptic epithelial particles

As skin particles are often deposited by even a single skin contact, the detection of skin debris is important for evidence collection and DNA testing. Unfortunately, even when a dissecting microscope is used by an experienced examiner, epidermal particles are often hard to find and these traces of evidence might escape DNA analysis. Fluorescence is defined as the property of absorbing short-wavelength light and emitting longer-wavelength light. By virtue of the fluorescence characteristics of many target materials, tunable light sources assist in the macroscopic search of crime scenes and items. We combined the dissecting microscope and an alternate light source to examine the fluorescence characteristics of skin and skin particles. In a comparative study, small skin scales were hidden between sand, fibers, and soil probes, and it proved possible to search more successfully with less time and effort. On staged casework exhibits, the efficiency of the screening aid was again tested and the usability of the new procedure shown.     

Sudden infant death syndrome (SIDS)--standardised investigations and classification: recommendations

Sudden infant death syndrome (SIDS) still accounts for considerable numbers of unexpected infant deaths in many countries. While numerous theories have been advanced to explain these events, it is increasingly clear that this group of infant deaths results from the complex interaction of a variety of heritable and idiosyncratic endogenous factors interacting with exogenous factors. This has been elegantly summarised in the "three hit" or "triple risk" model. Contradictions and lack of consistencies in the literature have arisen from diverse autopsy approaches, variable applications of diagnostic criteria and inconsistent use of definitions. An approach to sudden infant death is outlined with discussion of appropriate tissue sampling, ancillary investigations and the use of controls in research projects. Standardisation of infant death investigations with the application of uniform definitions and protocols will ensure optimal investigation of individual cases and enable international comparisons of trends.     

Groups, gangs, and delinquency: Does organization matter?

Purpose

A consistent finding of research on delinquency has been that gang members show higher levels of delinquent behavior than non-gang members. However, research attempting to understand the mechanisms underlying this finding is lacking. The basic premise of the current article is that the level of organization found in delinquent groups and gangs matters in clarifying the relationship between membership and delinquency.

Methods

This article examined the association between organization and delinquency in a sample of 523 self-reported juvenile offenders from a high school survey conducted in the province of Quebec, Canada.

Results

The results showed that 1) there is clearly something special about membership in a gang that influences delinquency beyond the more general membership in a delinquent group; 2) the key to understanding finding lies, in part, in the level of organization found in gangs. Organization emerged as the most important factor associated with general delinquency, involvement in violence, and in drug supply offences, significantly (but not completely) reducing the effect of gang membership on delinquency.

Conclusions

Even if most delinquent associations show little signs of formal structure and organization, this study demonstrates the importance of organization as a key mechanism to understand the gang effect on delinquency.     

The role of race/ethnicity and race relations on public opinion related to the immigration and crime link

This article examines two hypotheses related to public opinion concerning immigration and crime. Using data from a recent Gallup poll with oversamples of Hispanics and Blacks, the research examined whether race/ethnicity and race relations matter in the public's opinion of the connection between immigration and crime. After a series of models were performed, results of the final model revealed that race relations, gender (specifically, being male), race/ethnicity, and immigrant status are influential in contextualizing public opinion on the topic. The meaning and policy implications of these findings are also reviewed.     

Adelsaufhebung und das Gemeinschaftsrecht

Durch das Adelsaufhebungsgesetz ist es österreichischen Staatsbürgern untersagt, Adelstitel zu führen. Im Vorlageverfahren VwGH 18.5.2009, EU 2009/0002, geht es um die Frage, ob eine im Erwachsenenalter von einem deutschen Staatsbürger adoptierte Person den in Deutschland zuerkannten Titel "Fürstin von" zu ihrem Familiennamen führen darf. Im Lichte der jüngeren Rechtsprechung des EuGH zu unterschiedlichen Namenssystemen der Mitgliedsstaaten scheint das Adelsaufhebungsgesetz eine unzulässige Beschränkung der Freizügigkeit österreichischer Staatsbürger zu indizieren. Eine eingehende Analyse des Vorlagefalles und ähnlicher Fälle zeigt auf, dass die in der jüngeren Judikatur des EuGH geäußerten Bedenken beim Zusammentreffen unterschiedlicher Namenssysteme hinsichtlich des Verbotes des Führens von Adelstiteln nicht einschlägig sind und daher dieses Verbot gemeinschaftsrechtskonform sein könnte.     

Chinese Drywall Liability

This article presents an overview of the defective Chinese drywall product liability including a timeline starting when complaints were received by the Florida Department of Health in June 2008. The overview of the rapidly evolving product liability also discusses the factors that contributed to drywall demand and the production of synthetic gypsum as well as the common allegations that have been made against various drywall defendants and the actions and information provided by the Consumer Product Safety Commission—the federal agency tasked with leading the investigation into drywall complaints, potential health risks, and electrical and fire safety issues. Lastly, available corporate disclosures are summarized for drywall liabilities. The drywall problem has spurred much activity from homeowners, builders, contractors, suppliers, and drywall manufacturers. Much investigation has been done and more is in process, and initial findings and results are just being made available. That said, it is too early to tell the magnitude of the liability in which many facts remain unknown, and it is uncertain when the drywall problem will abate.