计算机软件最终用户法律责任制度探讨

新《计算机软件保护条例》将计算机软件的侵权界限延伸到最终用户 ,引起了广泛关注。从各国立法例来看 ,计算机软件最终用户的法律责任问题尚无同一规则 ,一般而言 ,各国著作权法不认为个人用户非商业使用未经授权软件构成侵权。我国应立足国情 ,依据最终用户的类型 ,规定不同的法律责任 ,同时应当以积极的态度去评价和解释新软件条例 ,使其在制度取向上更具有合理性。     

Public Service Efficacy

This article develops a measure of user capacity called Public Service Efficacy (PSE), which is applied to four sectors: hospitals, elementary schools, day care, and higher education. Tests of validity and reliability indicate good properties and consistent patterns across three of four sectors. The measure differentiates between users of the same services, and it increases with level of education. This indicates that PSE can enable us to identify individual users with low capacity and sectors with low average user capacity and thus improve our ability to address equity concerns and harvest potential benefits from user involvement in public service provision.     

Models of Public Service Provision—When Will Knights and Knaves Be Responsive to Pawns and Queens?

This article extends the framework of Le Grand (2003 Le Grand, J. 2003. Motivation, agency and public policy, Oxford: Oxford University Press. [Crossref] , [Google Scholar], 2010 Le Grand, J. 2010. Knights and knaves return: Public service motivation and the delivery of public services. International Public Management Journal, 13(1): 56–71. [Taylor &; Francis Online], [Web of Science ®] , [Google Scholar]) to encompass responsiveness, and the main argument is that the combination of employee motivation, user capacity, and models of public service provision potentially has serious implications for responsiveness across service areas. Although research on employee motivation thrives, especially in the public service motivation (PSM) literature, few studies have investigated user capacity empirically, and we know little about the combination of PSM, user capacity and models of service provision. Analyzing four central service areas (day care, schools, hospitals, and universities), we find variations in both user capacity and PSM. Taking this variation as a point of departure we discuss what implications different combinations of employee motivation, user capacity, and models of public service provision may have for responsiveness.     

Visualizing Lives: New Pathways for Analyzing Life Course Trajectories

The goal of statistical analysis is to find patterns in data. Most statistical methods rely on analyzing the effect of the same set of variables on the population under study, i.e., nomothetic analysis. Therefore, when data are collected in the social sciences, most often they are put in a framework that resembles a spreadsheet: each row represents a separate individual, and each column represents a separate characteristic (or variable) that pertains to that individual.However, not all individuals in the study are affected by the same set of variables: each individual may have his/her own individual set of relevant variables, suggesting that methods be developed that consider them individually, i.e., idiographic analysis. Moreover, lives are lived chronologically, and are often best described in narrative form. These narratives usually have to be condensed, or abridged in other ways, in order to fit the data framework and permit what one might call ``algorithmic analysis. Each set of methods has its advantage: nomothetic methods generate general laws that apply to all, while idiographic methods trace the putative causal relationships that are unique to each individual.This paper describes another data collection and analytic framework, one that (a) is chronological; (b) recognizes that different people may have experienced entirely different events and thus may need different ``variables to understand their behavior; (c) recognizes that, even if people experience similar events, they may have entirely different reactions to them; and (d) can be studied (and patterns inferred) using an exploratory graphical analysis that is more free-form than algorithmic analysis. Examples of this type of analysis used in different medical and criminal justice contexts are given, and suggested directions of research in this area are described.     

European air pollution assessments: co-production of science and policy

This paper examines the question whether the scientific knowledge framework produced in the context of the Convention on Long-range Transboundary Air Pollution (LRTAP) can keep its credibility, legitimacy and relevance when used in a different policy arena, e.g. the European Commission (EC) of the European Union. The paper combines a conceptual framework for considering effective assessments with the notion of boundary work and co-production of science and policy to examine differences between the roles and division of tasks between scientists and policy makers in the two different policy contexts. The paper concludes that, despite the differences between the two policy settings, user characteristics and the historical context are to a certain extent similar in LRTAP and the EU Clean Air for Europe Programme (CAFE), and that participants in the two processes partially overlap and tackle the same policy problem. The scientific knowledge framework as developed within LRTAP can maintain credibility, legitimacy and relevance when it is used in CAFE if certain conditions are fulfilled. One condition is the effective functioning of LRTAP, because the CAFE assessment process remains also dependent on the LRTAP process. Data collection and mapping efforts in the context of LRTAP form also the basis for the analyses within CAFE. Furthermore, a broadly embedded scientific basis is needed in the countries to enable each country to follow or relate to the analyses commissioned by the EU. The conceptual framework and concept of boundary work used in this paper turned out to be helpful in focusing on the dynamic relationship between science and policy.

Windows系统存储区DPAPI的解密技术研究

目的 在电子数据取证过程中,数据的加解密经常是取证人员关注的重点.数据保护接口(DPAPI)作为Windows系统提供的数据保护接口被广泛使用,目前主要用于保护加密的数据.其特性主要表现在加密和解密必须在同一台计算机上操作,密钥的生成、使用和管理由Windows系统内部完成,如果更换计算机则无法解开DPAPI加密数据....     

Age‐Dependent Fracture Characteristics of Rigid and Compliant Surface Impacts on the Infant Skull—A Porcine Model*,†

Abstract: This study documents skull fracture characteristics on infant porcine specimens under known impact conditions with respect to age and interface. A single impact causing fracture was conducted on the skull of porcine specimens aged 2–28 days (n = 76). Paired rigid and compliant impacts at the same energy were conducted at each specimen age. Impact force, impact duration, and fracture length were recorded. Energy required to initiate skull fracture increased with specimen age. For a given energy, impact of the skull with a compliant interface caused more fracture damage than with a rigid interface for specimens aged under 17 days, but less damage for specimens aged 24–28 days. The documentation of energy required to cause fracture and resulting fracture propagation with respect to impact interface and age may be of critical importance in forensic investigations of infant skull trauma.     

利害关系方制度的建构与《WTO反倾销协议》公共利益条款的完善

《WTO反倾销协议》中有关于公共利益的规定条款。但由于在利害关系方制度上考虑不周,以致这些公共利益条款的立法缺陷比较明显,使得《WTO反倾销协议》几乎成为纯粹的国内产业的保护手段。应对的措施是进一步完善《WTO反倾销协议》中的公共利益条款,扩大相关利害关系方的范围,强调倾销产品工业用户的利益。     

Low-Hanging Fruit: Leadership,Perceived Prosocial Impact,and Employee Motivation

Transformational leadership affects public service motivation, but little is known about the context dependency of this association. If citizen contact and, therefore, relative perceived impacts on others and society differ, the association between transformational leadership and motivation is also expected to differ. Analyzing public employees and their leaders from four organizational contexts, we find that employees have relatively higher perceived impact on others and are more user-oriented in contexts with high citizen contact. The association between transformational leadership and employee motivation also depends on employees’ perceived impact, implying that some fruit hangs lower than other when leaders try to increase employee motivation.     

Does IPSAS Meet Heritage Assets’ User Needs?

Public organizations need to custody and protect heritage assets. This article questions the appropriateness and quality of the unique International Public Sector Accounting Standards (IPSASs) in delivering financial reports that meet the user needs in regard to heritage assets. By refining the earlier findings in Italian local governments with data from a completely different region being Flanders, the results highlight that the IPSASs are lacking an important area of expectations from a relevant user need perspective, being the local ruling politicians. Finally, current article improves previous publication by examining the different kinds of responses in the light of certain municipal characteristics.

List of abbreviations

IFRS: International Financial Reporting Standards IPSASs: International Public Sector Accounting Standards IPSASB: International Public Sector Accounting Standards Boards UNESCO: United Nations Educational, Scientific and Cultural Organization