Introducing the Open Clause to improve copyright flexibility in cyberspace? Analysis and commentary on the proposed “two-step test” in the Third Amendment to the Copyright Law of the PRC,in comparison with the EU and the US

The so called “three-step test”, that the limitations and exceptions of copyright shall be allowed in certain special cases, provided that they do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author, grants copyright flexibilities to balance the interests of all stakeholders, especially within the European system of circumscribed limitations and exceptions. This is essential for the domain of computer law, confronted by rapid and unpredictable global technological developments, and is, thus, enshrined in the most important international intellectual property (IP) treaties. Through the proposed third amendment to the Copyright Law of the PRC, the legislature intends to adopt this test while also introducing an open-ended list of limitations and exceptions that constitutes a China-specific “two-step test.” This contravenes prima facie the thesis endorsed by the WTO Panel in the case concerning Section 110(5) of the US Copyright Act in 2000. In contrast, court decisions in China frequently apply the fair use doctrine of US copyright law, neglecting to consider its peculiar context of the US common law tradition and, thus, unduly expanding the Chinese courts' discretionary power.This paper summarizes the case law in China and takes a comparative approach to address the divergence between the judicial application of cyber copyright law and the existing legislation. It suggests revising the proposed Article 43 of the Copyright Law of the PRC to capture the due interpretation of the three-step test, thereby finessing the delineation between rights protection and free use with the compensation of remuneration under the principle of proportionality. It argues that transplanting the US fair use doctrine into Chinese copyright law is feasible, but with the preconditions of endeavouring to strengthen judicial reform to integrate the IP adjudication systems, enhancing the coherence and efficiency of copyright enforcement, and facilitating consistent dialogues between scholars, practitioners, and lawmakers.     

A Neoconservative Consensus in Russia?

This article analyzes the ideational consensus that has taken shape in contemporary Russian politics, including its key components, and factors both of stability and of potential erosion. Noting the extraordinary durability of this consensus, which is supported by factors including the duration of the regime itself, its support among elites and the bureaucracy, effective mobilizational propaganda and conservative orientations among the middle classes and dominant public opinion, the author draws attention to several factors – as yet less evident – that may in the future change the situation. Among these are the volatility of public opinion, potential intra-elite dynamics, and the internal contradictions of the neo-conservative idea itself.     

On Individual Business System in Normal Market

Individual business is a business entity system created in the practice of reform and opening up in China. It is the largest market entity in China, and its vitality lies in the "family culture" characteristics of Chinese society. Although individual businesses have been confirmed by law at all levels, they still have transitional and non-normative doubts. In some places, individual businesses have been transformed into enterprises. Individual businesses take advantage of the natural credit bond, low cost of organization and coordination, and are targeted to meet the needs of the market, which is conducive to absorbing employment and balancing wealth, easy to disperse and digest business risks, and has a competitive advantage in the low-end market. In a normal market, the rational choice of the parties concerned should be respected, the hierarchical structure of the market should be adapted, the complete ecology of market subjects should be maintained, and the reform of individual enterprises should be prudently implemented.     

高等学校“概论”课开放式教学方式探索——“听、读、评、写、研”教学模式实践及启示

在“毛泽东思想和中国特色社会主义理论体系概论”课程教学中开展“听、说、读、评、研”教学活动,是深化教学改革,培养创新型人才的可行途径之一。在教学中结合课程内容让学生读一些相关的书目,搞一些同学们有兴趣又能参与其中的活动,使同学们在了解历史但又不脱离现实生活的状态下,既掌握了知识又活跃了课堂气氛,提高了同学们的理论素养以及分析问题和解决问题的能力,从而坚定在中国共产党的领导下走中国特色社会主义道路的理想信念。     

Arab Muslim Attitudes Toward the West: Cultural,Social, and Political Explanations

We utilize pooled data from Zogby International's 2002 Zogby, James. 2002. What Arabs Think: Values Beliefs and Concerns, Utica NY: Zogby International.  [Google Scholar] Arab Values Survey (carried out in Egypt, Jordan, Lebanon, Kuwait, Morocco, Saudi Arabia, and UAE) in order to test for “cultural,” “social” and/or international “political” influences on Arab Muslim attitudes toward “Western” countries (Canada, France, Germany, UK, and USA). We find little support for “cultural” hypotheses to the effect that hostility to the West is a mark-up on Muslim and/or Arab identity. We find only limited support for “social” hypotheses that suggest that hostility to the West is predicted by socioeconomic deprivation, youth, and/or being male. We find the strongest support for a lone “political” hypothesis: hostility toward specific Western countries is predicted by those countries' recent and visible international political actions in regard to salient international issues (e.g., Western foreign policies toward Palestine).     

Analysis on the Quantity of Offence of "Fraud Loan"

“Fraud Loan” is a new criminal phenomenon that started to appear recently. Its basic form is fraud, but more than ten types of crimes such as provocation, forced trading, extortion, robbery or kidnapping may be committed just because of the diversity of ways of obtaining property. To identify the number of crimes convicted by “Fraud Loan”, three principles should be adhered to. Firstly, all acts of the perpetrators should be evaluated comprehensively so as to maximize the protection of legal interests. Secondly, it is necessary to prohibit repeated evaluation to protect the human rights of the accused. Thirdly, we should make an overall evaluation to conform to the cognitive regulation. When the act of purpose and means of the perpetrators violate different crimes respectively, the heavier one should be chosen. Those who directly “claim debt” through violence, coercion, kidnapping, etc., are escalated into serious crimes such as robbery and kidnapping. If perpetrators violate other legal interests of the victim in addition to the crime of property, they will also be punished for multiple crimes.     

Anti-Apartheid Solidarity Networks and the Production of Come Back,Africa

In 1957, American filmmaker Lionel Rogosin arrived in Cape Town, South Africa, determined to make a film about apartheid. “Anti-apartheid Solidarity Networks and the Production of Come Back, Africa” discusses the film’s historical and cultural significance, and— a topic which deserves more attention— the film’s production. The article examines the interconnected and international nature of early anti-apartheid activism. International movements against apartheid may have been relatively small between 1957 and up until March of 1960, but Come Back Africa’s production shows that anti-apartheid activists and artists were becoming increasingly connected in a transnational web spanning the Atlantic with hubs in South Africa, Europe, and the United States. In the case of Come Back, Africa, relationships forged between Rogosin, black South African artists-activists (such as Lewis Nkosi, William “Bloke” Modisane, and Miriam Makeba) and white liberal anti-apartheid activists (including Father Trevor Huddleston, Reverend Michael Scott, and Mary Benson) proved mutually beneficial.     

中国梦视角下大学生有效政治参与的途径研究

大学生有效政治参与是我国公民政治参与的重要组成部分,对实现中国梦具有重要意义。当前我国大学生有效政治参与仍存在不平衡性、实用主义等现实问题,通过发挥国家调控、学校引领、个人自律等方面的力量,解决大学生有效政治参与存在的现实问题,为实现中国梦尽一份力。     

Politicians in Television

ABSTRACT

Television viewers, journalists and social influence analysts often use the term “television character” or “media-savvy person” when referring to people (also to politicians) who draw the viewers' attention and interest (Reeves, Naas, 2000). The purpose of the research presented herein is to answer two questions: (1) what are the differences in social perception of five main personality dimensions (“the Big Five”: agreeableness, conscientiousness, extraversion, neuroticism, and openness to experience [intellect]) of media-savvy politicians and those considered to belong to the non-media-savvy type; and (2) how traits attributed to media-savvy and media-un-savvy politicians remain connected with the viewers' political self-identification. A hundred journalism students, using an adjective list for “the Big Five” diagnosis (five dimensions of personality), were to identify their political beliefs as right wing, mixed, or left wing and to describe a politician they considered to be the most media-savvy and the least media-savvy person. Results indicate that media-avvy politicians are perceived to be more extrovert (dynamic), more open to experience, and more conscientious than their media-un-savvy counterparts; participants' (viewers') political beliefs reflect the importance of openness and conciliation in perception of media-savvy and non-media-savvy politicians.