UK software patents – Get with the program

Computer-implemented inventions feature in almost every field of technology, and although improvements to computer-based devices are routinely made in software, the circumstances in which patent protection is available remains unclear. The patentability of software varies considerably from jurisdiction to jurisdiction. Worryingly, there are variations in form, if not in substance, between patent offices working from the same legal source. Against the background of a sea change in the US position, there is the prospect of a clarification of the European Patent Office approach that will provide a platform for consistency in Europe. This paper focuses on the UK position, highlights the tension between the UK and the EPO and considers the key questions before the EPO's Enlarged Board of Appeal.     

Suspect burial excavation procedure: A cautionary tale

Geographic location, time of reporting and need for rapid evaluation contributed to a lack of intelligence concerning a suspect burial site in scrub woodland (～15 km from the last known location of a missing person) in Northern Ireland. Police received reports of a subsiding ‘grave’, which was evaluated positively using GPR and victim recovery dogs (VRD). After 24 h work, archaeological excavation showed a vertical-sided, stepped excavation on undisturbed clay with no inhumation. Subsequent research showed the feature to be an engineering trial pit. The GPR response was a water table and rocks, VRD were possibly reacting to disturbed ground. The work serves as a demonstration of good archaeological practice in suspect burial excavation, following a lack of landscape evaluation and poor overall intelligence.     

Detecting Specialization in Offending: Comparing Analytic Approaches

Offending specialization continues to be a subject of empirical inquiry for scholars interested in criminal careers. Early research consistently spoke to the generality of offending profiles, but more recent work has revealed somewhat mixed findings. These results have emerged alongside newly developed and applied methods that detect and describe offending specialization. To what extent these methods shape divergent conclusions and/or provide overlapping insight remains unclear, however. Therefore, the degree to which more recent inquiries are actually studying the same operational definition of specialization is unknown. In order to consider this issue further, this study utilizes four frequently applied approaches with a single data set. The study indicates when and where findings converge and also describes any unique insights provided by each method. The work concludes with a discussion surrounding the utility of applying multiple strategies in assessing specialization in criminal offending.     

Mortgage fraud: A risk factor analysis of affected communities

Mortgage fraud is a fast-growing form of white-collar crime that has received much press coverage in the United States of America. Mortgage fraud has an adverse effect on individual homeowners, communities, and many indirect victims of the crime. While past research has focused on the personal motivating factors behind the commission of white-collar crime, this particular article reviews several facets of the crime itself and explores the potential neighbourhood risk factors that help attract the crime. From a national perspective, mortgage fraud seems to occur more frequently in neighbourhoods that have low socioeconomic indicators. These associations become even more pronounced when the degree of fraud occurrences within the community is factored in as a variable. Upon disaggregating the data according to region, the fraud indicator variables also display differing trend levels, perhaps indicating that as mortgage fraud practices begin to mature within an area, its community dynamics tend to change as well. The article concludes with recommendations for policymakers, community organizations, and law enforcement officials as to how to address mortgage fraud once it appears within a community, and also addresses future avenues of research for what is largely an untapped area of financial crime research.     

Sequential lineup presentation: Patterns and policy

Sequential lineups were offered as an alternative to the traditional simultaneous lineup. Sequential lineups reduce incorrect lineup selections; however, the accompanying loss of correct identifications has resulted in controversy regarding adoption of the technique. We discuss the procedure and research relevant to (1) the pattern of results found using sequential versus simultaneous lineups; (2) reasons (theory) for differences in witness responses; (3) two methodological issues; and (4) implications for policy decisions regarding the adoption of sequential lineups.     

Mixing it up: food mixers, design marks, and when similarity becomes confusion

While the High Court accepted that there was some similaritybetween Kenwood's new kMix mixer and the KitchenAid Artisanfood mixer (the ‘Artisan mixer’) manufactured anddistributed by Whirlpool, it rejected Whirlpool's claims fortrade mark infringement and passing off because such similaritywas insufficient to cause confusion in the mind of the averagedesign conscious consumer, or to cause detriment to the distinctivecharacter or repute of Whirlpool's mark.     

Extraction of high quality DNA from biological materials and calcified tissues

Calcified tissues, such as bone and tooth, and some other sample types, such as those containing adhesive, present a challenge to standard extraction protocols. We have developed a lysis reagent, BTA™ lysis buffer, which is designed for use with PrepFiler™ Kit reagents. The BTA™ lysis buffer disrupts calcified tissue matrices and achieves effective extraction of DNA from pulverized bone and tooth samples. In addition, the BTA™ lysis buffer mildly but efficiently extracts DNA from challenging substrates like tape, chewing gum, and cigarette butts and, as with bone and tooth, DNA from these lysates is purified using established PrepFiler™ reagent extraction protocols.We successfully extracted DNA from powdered human bone samples, chewed gum and smoked cigarettes using BTA™ lysis buffer. Extraction yields for bone, gum and cigarette samples tested were consistent and reproducible. This extraction method efficiently removed potential PCR inhibitors from all samples tested, and C_T values for the internal PCR control of Quantifiler^® Human DNA Quantification Kit were consistent and within the normal range. The DNA extracted from these samples also provided conclusive profiles that were free of PCR artifacts when amplified using the AmpF?STR^® Identifiler^® PCR Amplification Kit. The protocol is easily adapted for automation.     

Developmental validation of a Cannabis sativa STR multiplex system for forensic analysis

A developmental validation study based on recommendations of the Scientific Working Group on DNA Analysis Methods (SWGDAM) was conducted on a multiplex system of 10 Cannabis sativa short tandem repeat loci. Amplification of the loci in four multiplex reactions was tested across DNA from dried root, stem, and leaf sources, and DNA from fresh, frozen, and dried leaf tissue with a template DNA range of 10.0-0.01 ng. The loci were amplified and scored consistently for all DNA sources when DNA template was in the range of 10.0-1.0 ng. Some allelic dropout and PCR failure occurred in reactions with lower template DNA amounts. Overall, amplification was best using 10.0 ng of template DNA from dried leaf tissue indicating that this is the optimal source material. Cross species amplification was observed in Humulus lupulus for three loci but there was no allelic overlap. This is the first study following SWGDAM validation guidelines to validate short tandem repeat markers for forensic use in plants.     

Analyzing the Performance of Risk Assessment Instruments: A Response to Vrieze and Grove (2007)

In a recent article, Vrieze and Grove (Law Hum Behav, doi: 10.1007/s10979-007-9092-x , 2007) argue that, because of low recidivism base rates and limited predictive accuracy, an actuarial risk assessment instrument (ARAI) may produce decisions about sex offenders that are worse than simply predicting that no one will commit another sex offense. This article examines: (1) the construction and potential overfitting of ARAIs; (2) the meaning, value, and limitations of ROC areas; and (3) the relationship between the operating point that maximizes an ARAI's correct classifications and the legal criterion-"likely to reoffend"-used for sex offender designations. Contrary to what Vrieze and Grove suggest, ARAIs of modest accuracy yield probabilistic information that is more relevant to legal decision-making than just "betting the base rate."     

Criminal Recidivism Among Juvenile Offenders: Testing the Incremental and Predictive Validity of Three Measures of Psychopathic Features

We studied the predictive, comparative, and incremental validity of three measures of psychopathic features (Psychopathy Checklist: Youth Version [PCL:YV]; Antisocial Process Screening Device [APSD]; Childhood Psychopathy Scale [CPS]) vis-à-vis criminal recidivism among 83 delinquent youth within a truly prospective design. Bivariate and multivariate analyses (Cox proportional hazard analyses) showed that of the three measures, the CPS was most consistently related to most types of recidivism in comparison to the other measures. However, incremental validity analyses demonstrated that all of the predictive effects for the measures of psychopathic features disappeared after conceptually relevant covariates (i.e., substance use, conduct disorder, young age, past property crime) were included in multivariate predictive models. Implications for the limits of these measures in applied juvenile justice assessment are discussed.