The directive on the legal protection of computer programs

Conclusion Other matters which are essentially left to national provisions include issues of fair use (apart from Article 5), moral rights, authorship and ownership. However, the bland terms of Article 2 (dealing with authorship) was only reached after one of the more controversial proposals was rejected. This was the suggestion that the ownership of a program which has been commissioned should belong to the commissioner rather than the author. This would have been a provision which would have been out of step with most countries' copyright legislation. In any case, it is probably a matter best dealt with by contract. The author, or his employer, will be able to negotiate so that their creativity can be retained in the organisation while the commissioner can ensure that the product can be fully and beneficially used in his organisation. if that requires a transfer of the full copyright then the assignment must be contracted.Article 10(1) requires that member states shall implement the provisions of the Directive by 1st January 1991. Given that many of the requirements are already in place in the Copyright, Designs and Patents Act 1988, it will be a nice matter of judgment for the United Kingdom to decide how that implementation is to occur. There are certainly a sufficient number of differences from our present law, and ambiguities as to their effect, to require some substantive modification of the scheme of the 1988 Act.     

Beyond the ‘At Risk’ Individual: Housing and the Eradication of Poverty to Prevent Homelessness

A prevention framework represents one of the fundamental means of the Australian Government's contemporary drive to achieve permanent reductions in homelessness. Consistent with prevailing policies in the UK and US, Australia has approached homelessness prevention through identification and early intervention of individuals ‘at risk’ of homelessness. In this article we suggest that prevention strategies focused on the risk factors that individual pose obscures efforts to address the underlying structural factors that contribute to homelessness, or to reduce the prevalence of homelessness at the overall population level. The article examines the efficacy of increasing the supply of affordable housing to prevent homelessness, but suggests that the provision of housing alone may be insufficient to realising related well‐being objectives. In turn, it is proposed that policy which focuses on poverty reduction has the capacity to achieve the sustainable prevention of homelessness ambitions.     

Terror in Japan

Observers of early twenty-first-century Japan commonly note economic, political, and social crisis, on the one hand, and pessimism, lethargy, or helplessness about the possibility of reform, on the other. Yet Japan's civil society was idealistic and energetic in the early postwar decades. What happened? The reform movement that captured much of the vitality of the early postwar decades was either foreclosed, as many were co-opted in the “all-for-growth” economism, consumerism, and the corporation, or crushed in successive waves of repression of dissidence as the cold war order took shape. Political parties sacrificed broad vision and ideals to narrow-interest articulation. While the mass base of the reform movement was discouraged, demoralized, and depoliticized, one minority in the late 1960s turned to violent revolution and another in the late 1980s turned inward to seek spiritual satisfaction. Both paths led to violence. This article looks at the course of the student movement between the late 1940s and the late 1970s, with particular reference to the Japan Red Army, and at the new religious movement Aum Supreme Truth in the 1980s and 1990s. Both adopted “terrorist” tactics, by almost any understanding of that term. However, they were children of their times, reflecting the same deep social, political, and moral problems that Japan as a whole continues to face in the early twenty-first century.     

Horizontal Effect and the Constitutional Constraint

This article offers a new interpretation – the ‘constitutional constraint’ model – of the duty the Human Rights Act imposes on the courts to give horizontal effect to European Convention rights through the common law. The model requires courts to develop the common law compatibly with the Convention, but only where compatibility can be achieved by incremental development. We argue that models requiring more than incremental development are unsustainable; that deep constitutional norms compel the constraint of incrementalism, which is preserved under the HRA; and that by virtue of section 2 of the HRA, Convention rights function as principles rather than hard‐edged rights in this context. This further undermines the idea that the courts must strictly apply Convention rights and cannot allow them to be overridden by non‐Convention factors. The final section explores the nature of incrementalism in this context and the impact of the model on the doctrine of judicial precedent.     

Factors influencing the contamination of UK banknotes with drugs of abuse

Bank of England banknotes sampled from different locations in the UK have been analysed for the presence of cocaine, diamorphine (DAM), Delta(9)-tetrahydrocannabinol (THC) and 3,4-methylenedioxymethamphetamine (MDMA). A database of the contamination detected is routinely used as a benchmark against which the contamination detected on seized banknotes can be compared. Evidence presented at court details how banknotes seized from a suspect may differ from banknotes in general circulation in terms of their contamination with controlled drugs. A question arising from such evidence is whether seized banknotes could have become contaminated through being in circulation in drug "hot spots". In order to address this issue, a Plackett-Burman experimental design was used to investigate the influence of source location and other factors on banknote contamination with drugs of abuse. Banknotes were drawn from banks in eight regions throughout the UK. Each location could be described by a unique combination of the factors under investigation, namely whether the location was rural or urban, in the North or South of the UK, and whether it was a port of entry. The socio-economic class and the proportion of drug offenders in the area and the denomination of the banknotes were also considered as potentially influential factors. Indices were calculated to describe the degree to which samples were contaminated with different drugs, and normal probability plots were used to identify the factors that could account for the contamination observed. Whilst some factors were more influential than others, it was shown that, at the 95% confidence level, none of the proposed factors were significant influences on the contamination. Cocaine contamination on banknotes has been shown to follow a log-normal distribution. It was, therefore, possible to calculate F- and t-statistics to compare the cocaine contamination on the entire sample set with that detected on a second sample set consisting of banknotes all drawn from a single bank branch. It was shown that both inter-bank samples and intra-bank samples had similar variance and similar contamination levels at the 95% confidence level. This suggests that there are no significant regional trends in the contamination of banknotes with drugs of abuse across the UK.