Hyperlinks, circumvention technology and contributory infringement--a precarious tale from German jurisprudence

A person who sets a link referring to a website offering softwarefor circumventing anti-copying technological devices commitsan act of contributory infringement in accordance with the principlesof disturbance liability.     

Alteration of the Death Scene After Self‐stabbing: A Case of Sharp Force Suicide Disguised by the Victim as a Homicide?

This paper reports a case of a 72‐year‐old woman who was found dead in her bedroom with a 4 cm vertical stab wound in the abdomen. A bloodstained knife was found in the top drawer of her bedside table. The clothes worn by the victim showed no damage. A bloodstained vest and a sweater with frontal incisions were found far from the victim, in the bathroom and in the bedroom respectively. Several bloodstains were found in every room of the apartment. The evidence found during the forensic examination and, in particular, the Bloodstain Pattern Analysis, led the investigators to determine the manner of death, being consistent with a suicide with a long‐lasting physical activity after self‐stabbing. This report describes an unusual case of “disguised suicide,” in which the victim tried to cover‐up the suicide by changing her clothes and concealing the weapon, in the last minutes of her life.     

Evaluation of the Role of Toxicological Data in Discriminating Between H2S Femoral Blood Concentration Secondary to Lethal poisoning and Endogenous H2S Putrefactive Production

Hydrogen sulfide is a colorless gas and has a strong odor of rotten eggs. It is absorbed by the upper respiratory tract mucosa, and it causes histotoxic hypoxemia and respiratory depression by exerting an inhibitory effect on cytochrome oxidase. To evaluate the role of toxicological data in distinguishing between the H₂S blood concentration secondary to lethal poisoning and the endogenous H₂S produced during putrefaction, we compared the postmortem H₂S concentrations of six fatal H₂S poisoning cases (8.7–28.6 mg/L) with the postmortem concentrations of endogenous H₂S of 12 subjects who died from other causes (traffic‐related deaths) (2.2–32.7 mg/L). These results will be of interest to the forensic community as it underlines the importance of considering circumstantial evidence along with the toxicological and pathological findings in the identification of H₂S lethal poisoning.     

Best execution and competition between trading venues MiFID's likely impact

The first 150 words of the full text of this article appear below. Key points

• Directive 2004/39/EC of the European Parliament andof the Council on markets in financial instruments (‘MiFID’)enhances investor protection in Europe by harmonizing the rulesof conduct applicable to investment services providers, includingbest execution requirements.
• Under MiFID, Member States mustallow internalization of orders and, therefore, eliminate the‘concentration’ provisions requiring transactionsin equity securities to be executed by intermediaries on a regulatedmarket. This article argues that MiFID's best execution provisionsmay represent a compromise between those Member States that,on one hand, having concentration rules in place, intended toprotect the incumbent exchanges from the consequences of theirrepeal and those, on the other, that intended to fully exploitthe opportunities of financial liberalization in Europe.
• Afterexamining MiFID's broad definition of best execution, the articleconsiders several provisions that limit the Directive's flexibility.These provisions tend to favour incumbent exchanges, which offerthe best . . . [Full Text of this Article]