Software interoperability, intellectual property and competition law — Compulsory licenses for abuse of market dominance

Innovation is a shared purpose of both intellectual property (IP) and competition law. However, sometimes competition law conflicts with the interests of IP holders. This paper searches for an adequate criterion of practical concordance, which consists of evaluating, in the concrete situation, which of those regulations best performs the purpose of promoting innovation. It is considered that requirements of competition law shape IP regulations, but the internal limits of protection therein identified are not enough to safeguard concerns of competition law. In particular, European courts held that, in exceptional circumstances, IP holders with market dominant position can be compelled to grant licenses of IP protected goods, such as copyrighted information and software. Such lifting of the IP exclusion power finds its rationale in preserving competition and promoting innovation, which is particularly sensitive within the dynamic software market.     

THE “EYE OF THE BEHOLDER”: PROFESSIONAL OPINIONS ABOUT THE BEST INTERESTS OF A CHILD

Child custody evaluations (CCEs) are a central feature of parenting litigation in many North American jurisdictions. However, there has been little recent research comparing CCE decisions about children's interests with decisions made by judges. This article presents empirical research about the extent to which Ontario judges accept custody and access recommendations from CCEs employed by Ontario's Office of the Children's Lawyer. The central finding was that the judges fully agreed with the CCEs only about half of the time. Possible explanations for this finding are explored, the most salient of which is the effect of delay in Ontario family litigation. In conclusion, the article suggests that a more efficient synthesis of the judicial and CCE decision‐making processes might be more consonant with the best interests of children involved in these disputes.     

USB Storage Device Forensics for Windows 10

Significantly increased use of USB devices due to their user‐friendliness and large storage capacities poses various threats for many users/companies in terms of data theft that becomes easier due to their efficient mobility. Investigations for such data theft activities would require gathering critical digital information capable of recovering digital forensics artifacts like date, time, and device information. This research gathers three sets of registry and logs data: first, before insertion; second, during insertion; and the third, after removal of a USB device. These sets are analyzed to gather evidentiary information from Registry and Windows Event log that helps in tracking a USB device. This research furthers the prior research on earlier versions of Microsoft Windows and compares it with latest Windows 10 system. Comparison of Windows 8 and Windows 10 does not show much difference except for new subkey under USB Key in registry. However, comparison of Windows 7 with latest version indicates significant variances.     

浅议基层公安机关的机构设置与警力配置

公安队伍建设随着形势的发展和改革的深化 ,一些制约公安工作发展的深层次问题逐渐显现出来。在公安队伍建设方面 ,存在着机构设置不尽合理 ,职责交叉重叠 ,内部关系不顺 ,警力配置不科学、功能单一 ,民警职级待遇偏低等问题 ,妨碍了公安机关职能作用的充分发挥。因此 ,改革必然成为公安机关的主旋律     

加入WTO背景下我国政府公务员素质的提高

当前,我国公务员素质与政府加入WTO存在很大的差距,主要表现为自我封闭性较强,服务意识和服务能力不到位,法治观念淡薄和业务素质亟待提高。为此,全局观念、服务意识、法制观念和专业素质是政府加入WTO后我国公务员迫切需要达到的目标。     

篡改Microsoft Office办公文件的实验研究

本文利用现有的篡改Microsoft Office办公文件的工具和方法,设计了若干套篡改Microsoft Office办公文件内容、属性的实验方案,使用工具软件对Microsoft Office办公文件的属性进行检验和分析,总结出检验Microsoft Office办公文件的方法。     

Obtaining forensic value from the cbWndExtra structures as used by Windows Common Controls,specifically for the Editbox control

The Windows Common Controls is a library which facilitates the construction of GUI controls commonly used by Windows applications. Each control is an extension of the basic ‘window’ class. The difference in the extension results in one control over another; for example, an Edit control as opposed to a Button control. The basic window class is documented by Microsoft and the generic information about a Window can be extracted, but this is of very limited use. There is no documentation and very little research into how these extensions are laid out in memory. This paper demonstrates how the extension bytes for the Edit control can be parsed leading to identification of previously unobtainable data which reveal information about the state of the control at runtime. Most notably, the undo buffer, that is, text that was previously present in the control can be recovered – an aspect which traditional disk forensics would simply not provide. The paper explains why previous attempts to achieve similar goals have failed, and how the technique could be applied to any control from the Windows Common Controls library.     

The Sri Lankan Transitional Justice Process: Too Little,Too Late?

ABSTRACT

Three years after Sri Lanka committed to a comprehensive transitional justice (TJ) process through the co-sponsoring of UN Human Rights Council Resolution 30/1, progress on the TJ front has not been satisfactory. In fact, delays in decision-making have hindered progress on transitional justice. First, the nation-wide consultations that were supposed to precede the establishment of the proposed TJ mechanisms lasted for nearly a year. This prevented swift progress at a time when political conditions for TJ were arguably most favourable. In addition, decisions were made to implement the 2015 reform agenda in a way that would not give priority to TJ as a whole and would further delay the implementation of its most controversial measures. These delays have been constructed or exploited by those—including within government—who do not support the TJ agenda. In fact, since 2015, the President as well as ministers have made statements that cast doubt on their commitment to TJ. The government’s lack of genuine interest in TJ was further evidenced by its failure to present a comprehensive plan for the implementation of UNHRC Resolution 30/1 and carry out a public outreach campaign based on such a plan.     

The development of a new labour framework during the Second Republic in Spain: the Central Service for job placement and defence against unemployment

The Great Depression affected the Spanish economy, sharply increasing the number of unemployed workers, known as the ‘sin trabajo’. In an effort to address problems with the labour market, the Central Office for Job Placement and Defence against Unemployment was established in 1931 for the purpose, in Niceto Alcalá-Zamora’s words, of heading off ‘regrettable passions and misadventures of a social or political nature’. The ‘reformist challenge’ to the traditional social order would commence that same year, when the PSOE’s Largo Caballero became head of the Ministry of Labour. The staff of the Central Office for Job Placement were aware of proposals by Keynes and other economists regarding this issue, so it can be said that in addition to responding to the urgent social pressure of the moment, the employment policies implemented also sought added legitimacy in the context of theoretical trends that enjoyed consensus at that time.