Managing commercial risks in open source software licensing

Legal context: The article reviews the commercial risk allocation clauses intypical open source licence terms and discusses their enforceabilityand implications. Key points: The enforceability of warranty disclaimers and limitation ofliability clauses in common open source licence terms is questionable,particularly in a cross-border context, and commercial licensorsshould take additional steps to protect themselves from down-streamrisks. Practical significance: Open source software presents a number of unusual commercialissues, because it is available free of charge and the providerstry to disclaim warranties and liabilities. End users and resellershave to adjust their own in- and out-licensing models to accommodatethis situation.     

Asymmetric bargaining between Myanmar and China in the Myitsone Dam controversy: social opposition akin to David's stone against Goliath

The Myitsone Dam suspension is an asymmetric negotiation between Naypyitaw and Beijing. The bilateral agreement of the hydropower project was concluded in 2009. However, Myanmar's civil society started to oppose the dam when political opportunities expanded in 2011. The quasi-civilian government in Myanmar was caught in an ‘audience cost dilemma': either to disappoint domestic constituents by fulfilling international obligations, or to compensate the Chinese dam developer for breaching the contract. In September 2011, Myanmar President Thein Sein declared the suspension of the dam throughout his tenure. Unexpectedly, China's state-owned dam company did not sue Naypyidaw. Moreover, Beijing even engaged with societal actors in Myanmar to seek their support for the project. How could Naypyitaw defy Beijing in this Myitsone Dam case? Drawing from 35 interviews with anti-dam campaigners and other stakeholders, as well as secondary data, this article argues that the rise of civil society successfully conditioned Naypyitaw's diplomatic options in the controversy. The change of Beijing's diplomatic strategy confirms that domestic constraint in Myanmar is not rhetorical. The Myitsone Dam case is an example that shows bilateral agreement without domestic endorsement can become China's business risk. Presumably, the dispute has wider implications for other Chinese overseas projects outside Myanmar.     

Movement decision-making in violence prevention and peace practices

Studying parallels between movement behaviour and violent actions can help understand interdisciplinary possibilities for prevention, intervention, mediation and post-conflict healing. This article explores the role of unconscious and conscious movement decision-making in violent/peaceful interactions. Thematic analysis of interviews was conducted with trainers in dance/movement peace practices working in fourteen countries. The doctoral research sociologically analysed shared beliefs and a framework that was previously applied to work in schools, expanding its potential for new settings and peace contexts. The framework illustrates five stages of decision-making (Flow/Tension, Attention, Intention, Action and Reflection/Evaluation) based on Warren Lamb’s and Rudolph Laban’s systems of movement analysis. Flow/Tension refers to physiological responses to conflict and the regulation of tension, discomfort and breath. Attention involves the development of spatial awareness and awareness of our immediate environment. The Intention stage fosters the capacity for self-evaluation, assertively addressing needs and mitigating ethical pressure. The Action stage involves understanding impulses, commitment and non-action. Reflection/Evaluation promote reflexivity in practitioners and participants and a dynamic evaluation of peace practices. By analysing contributions of dance/movement to peacebuilding, this article introduces a much-needed focus on the body in conflict and inform interpersonal and intergroup conflict interventions by educators, therapists and peace practitioners of all fields.     

Differences in the executive council of the American federation of Labor

The 1936–1937 General Motors sit-down strike may be the most famous work stoppage in American history. The victory in Flint so heartened workers that a veritable “sit-down fever” wave spread across America. But are labor scholars guilty of unintentionally spreading a Whiggish view of history? Just 7 weeks after the victory in Flint, Hershey Chocolate workers sat down. Within 7 days they were forcibly ejected from the factory and beaten by a mob. This article takes a look at the events in Hershey with an eye toward raising questions about the overall efficacy of sit-down strikes. Although it by no means wishes to diminish the heroism or the usefulness of the Flint sit-down, it argues that a balanced look at the past requires a deeper look into the strikes that failed. The question is of the utmost importance for the contemporary labor movement, as some activists have called for a revival of sit-down militancy as a tactic for organized labor to reverse decades of decline. This may not be wise strategy, as past sit-down strikes are too narrowly filtered through the triumphant lens of Flint.     

All the labor problems fit to print: the New York Times and the cultural production of the U.S ‘labor problem’, 1870–1932

The period that spanned the Gilded Age to the onset of the Great Depression saw the rise and relative decline of the US labor movement. The salient events of labor movements over these years undoubtedly shaped public perception about labor issues, and some scholars have been attempting to unpack the mechanisms through which depictions and characterizations of the ‘labor problem’ were produced in authoritative venues that could have shaped the future of the movement. This study goes beyond the standard practice of explaining news report volume to feature the political valance of the reports on the labor problem over a 63-year time period. The aforementioned period also saw significant changes in news reporting practices, with the rise of objective informational writing and the embrace of journalism as a profession. The change within journalism itself could potentially shape the depiction of the labor problem, yet such change has been overlooked by existing literature pertaining to the topic. This research makes a theoretical case for integrating social processes central to the labor movement and journalism from 1870 to 1932 and explains patterns in the cultural production of the labor problem in the New York Times by analyzing these two tracks of history in conjunction using both qualitative and quantitative data.     

Contested Resource Extraction,Anti-Corporate Protests and the Politics of Movement Alliance in Bangladesh

Why do activist groups form alliances and why do some alliances later fall apart? This article asks these questions in the context of a popular mobilisation against resource extraction in Bangladesh. It focuses on the dynamics of a strategic alliance between a locally organised community mobilisation against a British mining company and an urban radical activist group, known for its anti-capitalist activism, to explore the subsequent collapse of the alliance and the demobilisation of one group. Based on the qualitative analysis of in-depth interviews with activists and organisational documents, the article probes the underlying causes of rupture. Although several individual and organisational factors are identified, it is argued that Bangladesh’s confrontational political culture and its authoritarian party system played a critical role, with local activists vulnerable to co-optation or being silenced by powerful political actors. The article contributes to social movement scholarship by emphasising that specific political cultures can undermine efforts to build strategic alliances between diverse social movement organisations.     

“男权王国的叛逆者”——为英国妇女选举权而战的男性知识分子

本文着重考察男性女权主义知识分子对英国妇女选举权运动所起到的推动作用。男性女权主义先锋,顶住重重压力,"背叛"了男权王国。他们成为妇女选举权运动的发起人与推动者,并为之做出巨大贡献。从19世纪上半叶至20世纪初,男性妇女参政论者支持妇女选举权运动的活动经历了由分散到集中,由"宪政"至"战斗"的历程,其指导思想也由自由主义转向社会主义。1928年英国妇女最终获得平等选举权,这一辉煌成果中包含着几代男性妇女参政论者的不懈努力。     

中国共产党创建初期的妇女解放思想研究

妇女解放是全人类解放的重要组成部分,中国共产党在创立之初就意识到妇女解放的重要价值。建党初期就"妇女"群体以及"妇女运动"性质作出适时判断,在关于妇女的决议、妇女运动思想的宣传、主要内容以及对妇女运动的领导等方面均有体现。中国共产党在当时社会历史背景下的妇女解放事业,呈现出复杂性、国际性以及主体性转变等特点。     

试析非基督教运动的兴起及其影响

1922-1927年由知识界引发后扩展到全国的非基督教运动,它的产生有着深刻的历史背景和思想根源。一方面,中国民众对外来宗教的抵制有着历史根源,它体现在意识形态上的对立、风俗习惯上的差异和政治生活上的冲突;另一方面,新文化运动以来从哲学、文化的角度对基督教的批判,终于转变为反对帝国主义文化侵略的社会运动。非基督教运动是新文化运动以来国内宗教批判思想的必然结果,它在中国近代历史上产生了重要影响。