体育赛事节目著作权保护探究

2020年《著作权法》第三次修改后,我国知识产权法学界并未停止对体育赛事直播画面作品属性问题的争论.体育赛事直播画面的作品属性认定问题会影响到体育赛事节目的保护模式和路径选择.虽然体育赛事本身不是著作权法意义上的作品,但这并不影响体育赛事直播画面的作品属性构成.2021年6月1日以后,对于符合作品构成要件的体育赛事节目可以认定为视听作品.对于不符合作品构成要件的体育赛事节目可以考虑用《著作权法》(2020)最新修订的广播组织权予以保护.至于反不正当竞争法对体育赛事节目的保护,是我国《著作权法》第三次修改之前的权宜之计,反不正当竞争扩展保护的限度应该是明确的,不能无限度将反不正当竞争法的扩展保护适用于所有的知识产权领域.     

Facial Soft Tissue Depth Measurement: Validation of the 75‐Shormax

The shorth and 75‐shormax were recently posited as an improved alternative to the arithmetic mean for describing facial soft tissue thicknesses in craniofacial identification. The shorth better estimates the data peak, while the 75‐shormax provides improved provisions for a long right tail. When first proposed, the 75‐shormax was subjectively gauged. Herein, shormax errors are calculated at every whole percentile to quantitatively determine zones of error minimization in two large samples: (a) CT data of French adults, n‐range = 211–469 individuals; and (b) all C‐Table data, n‐range = 60–1065 individuals [including part but not all of sample (a)]. The smallest residuals were found at the 79th percentile (mean of raw residuals) and the 74th percentile (mean of absolute residuals). The 75‐shormax is subsequently verified as good error minimizer since the absolute differences carry the greatest weight and the 74th percentile closely approximates the 75th percentile.     

论网络直播体育赛事节目的著作权法规制

体育赛事节目日益创造出巨大的经济价值,在新媒体市场蓬勃发展的今天,利用信息网络直播体育赛事节目,侵犯其知识产权的行为屡禁不止。各地法院对于体育赛事节目的性质认定并不一致,导致采用的保护方式不尽相同。对《著作权法》的体系化解读认为,体育赛事节目性质为录像制品,应该用邻接权进行保护。未来的著作权法要以权利整合为立法路径,创设向公众传播权,以更好地应对技术变革带来的挑战。     

Form follows function: Applying photographic content analysis to forensic firearm identification

Drawing forensic conclusions from an image or a video is known as “photographic content analysis.” It involves the analysis of an image, as well as objects, actions, and events depicted in images or video. In recent years, photographic depictions of objects suspected as illegal firearms have substantially increased, appearing on CCTV surveillance footage, captured by mobile phones and shared on social media. However, the law in Israel states that a person can be charged with illegally possessing a firearm only if it can be proven that the object is capable of shooting with lethal bullet energy. This becomes more challenging in cases where the firearm was not physically seized, and the evidence exclusively consists of images and video. In this study, photographic content analysis was applied to images and video where objects suspected as commercial or improvised firearms had been depicted. An image and event sequence reconstruction video databases of both firearms and replicas were created in order to better define firearm-specific functional morphological features. We demonstrate that it is possible to classify an object as a firearm by analyzing the functional, and not only the esthetic, morphology in images and video. It is also shown that event sequence reconstruction in video may be used to infer that an object suspected as a firearm has the capacity to shoot by confirming the occurrence of a shooting act or shooting process. Thus, photographic content analysis may be used to forensically establish that an object depicted in an image or a video is a firearm by ruling out other known scenarios, and without physically seizing it.     

Pre-set estimation-based in-silico silhouette-based methodology for improving the robustness to viewing direction difference for assisting forensic gait analysis

Forensic gait analysis is used to visually and quantitatively analyze information regarding the appearance and style of walking that can be presented as evidence in the court. The demand for analyzing CCTV pedestrian footage in video surveillance has been increasing. The dependence of the accuracy of semiautomatic silhouette-based analysis, often used in forensic science, on the differences in the viewing directions is a very challenging issue that is yet to be resolved for real case applications. Currently, the different viewing directions used in comparison footage significantly decrease the accuracy of same person analysis when using the silhouette-based method, often used in the Japanese forensic science domain. A calibration-based method was previously prosed to resolve this problem, but it requires performing an elaborate measurement procedure at the camera installation site for an accurate analysis. In this study, we propose a novel in-silico silhouette-based analysis method that significantly expands the number of viewing direction pre-set settings to 900 from the 24 used in the previous method. Several software tools have been developed to ensure that all the procedures can be executed on a computer. The experimental results confirm that the accuracy of the proposed method is comparable to that of the calibration-based method. Furthermore, the practical comparison results from actual consultation confirmed the effectiveness of the proposed method under existing viewing direction differences. We therefore anticipate that the proposed method will be beneficial for improving the analysis accuracy in real cases and therefore serve as a substitute of the previous method.     

Evaluating digital video transcoding for forensic derivative results

Video data received for analysis often come in a variety of file formats and compression schemes. These data are often transcoded to a consistent file format for forensic examination and/or ingesting into a video analytic system. The file format often requested is an MP4 file format. The MP4 file format is a very common and a universally accepted file format. The practical application of this transcoding process, across the analytical community, has generated differences in video quality. This study sought to explore possible origins of the differences and assist the practitioner by defining minimum recommendations to ensure that quality of the video data is maintained through the transcoding process. This study sought to generate real world data by asking participants to transcode provided video files to an MP4 file format using programs they would typically utilize to perform this task. The transcoded results were evaluated based on measurable metrics of quality. As the results were analyzed, determining why these differences might have occurred became less about a particular software application and more about the settings employed by the practitioner or of the capabilities of the program. This study supports the need for any video examiner who is transcoding video data to be cognizant of the settings utilized by the programs employed for transcoding video data, as loss of video quality can affect analytics as well as further analysis.     

闭路电视监控器与大型公共交通系统反恐问题研究

伦敦地铁爆炸事件、西班牙马德里火车站爆炸事件等一系列袭击公共交通系统的恐怖事件,使人们越来越关注大型公共交通系统的安全和防范问题。大型公共交通系统由于流量大,无法运用航空系统的安全检查模式。在大型公共交通系统安装闭路监控器,恰恰可以在不影响这些大流量公共交通工具运行速度和效率的情况下,有效地起到安全防范的作用。英国和美国在大型公共交通系统安装闭路电视监控器的经验和模式,可以为我国大型公共交通系统的安全防范提供借鉴和参考。     

试论流媒体技术在网络教育中的应用

详细介绍了流媒体技术的概念和该技术在当前网络教育中的应用,对利用该技术实现远程教学中实时授课、视频课件点播以及在线交互等功能的原理也进行了描述和思考.     

Agonal Sequences in Four Filmed Hangings: Analysis of Respiratory and Movement Responses to Asphyxia by Hanging*

Abstract: The human pathophysiology of asphyxia by hanging is still poorly understood, despite great advances in forensic science. In that context, filmed hangings may hold the key to answer questions regarding the sequence of events leading to death in human asphyxia. Four filmed hangings were analyzed. Rapid loss of consciousness was observed between 13 sec and 18 sec after onset of hanging, closely followed by convulsions (at 14–19 sec). A complex pattern of decerebration rigidity (19–21 sec in most cases), followed by a quick phase of decortication rigidity (1 min 00 sec–1 min 08 sec in most cases), an extended phase of decortication rigidity (1 min 04 sec–1 min 32 sec) and loss of muscle tone (1 min 38 sec–2 min 47 sec) was revealed. Very deep respiratory attempts started between 20 and 22 sec, the last respiratory attempt being detected between 2 min 00 sec and 2 min 04 sec. Despite differences in the types of hanging, this unique study reveals similarities that are further discussed.     

Body Height Measurements in Images

Abstract:  For any measurement of a person's height in an image, a difference exists between the actual height of the person and the image measurement. In order to gain knowledge about statistical behavior of differences between actual and measured heights it is necessary to make reference recordings, e.g., of test persons under the same recording conditions. To test whether the differences are dependent on camera and further circumstances, an experiment was set up which involved the measurement of 22 test persons using three cameras of varying quality. Reproducibility of measurements per image appears to be strongly dependent on the camera (quality), whereas systematic bias differs with the view point of the camera. Operator dependency of the measurement process is found, so its repetition by different operators is recommended.