Journal articles on the topic 'Intellectual property in motion pictures'

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1

Yang, Yubin, Seungyoup Choo, and Seong-Joon Limb. "Vertical Integration Strategies and Environmental Uncertainty: China’s Film Industry." SAGE Open 13, no. 1 (January 2023): 215824402311563. http://dx.doi.org/10.1177/21582440231156351.

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This study analyses the effectiveness of vertical integration for motion pictures’ box office revenues and the moderating effects of environmental uncertainty on China’s film industry, where a market economy was introduced in 2002. We analyzed a sample of 1,824 films released between 2005 and 2016 using a PROCESS model. We found strong evidence that vertical integration positively influenced box office revenues, which were higher under greater environmental uncertainty post reforms than under relative stability. We also found films that (1) had major producers or distributors, (2) were based on intellectual property, (3) belonged to the action or fantasy genre, or (4) featured superstars performed better. This study demonstrates the current operating level of the market economy in China’s film industry and offers a unique, fresh dataset comprising almost all films released in Mainland China and produced by enterprises in Greater China.
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Naseby, L. "Government motion on plain packaging for cigarettes undermines intellectual property rights." BMJ 351, no. 19 6 (November 19, 2015): h6128. http://dx.doi.org/10.1136/bmj.h6128.

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Yoon, Sang-Young, and Myung-Chul Jung. "Trends of Intellectual Property on Musculoskeletal Disorder, Motion Capture Technology and Ergonomics." Journal of the Ergonomics Society of Korea 34, no. 5 (October 31, 2015): 437–45. http://dx.doi.org/10.5143/jesk.2015.34.5.437.

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Moutu, Andrew. "The Dialectic of Creativity and Ownership in Intellectual Property Discourse." International Journal of Cultural Property 16, no. 3 (August 2009): 309–24. http://dx.doi.org/10.1017/s094073910999021x.

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AbstractOwnership is often understood merely as a function of social relations, that is, it emerges merely because of the relations between people with respect to the things that they own. Concomitantly ownership is also seen as being dependent upon creativity to bring its force into motion. Far from dismissing such a view of ownership, it is acknowledged that such a view possibly comes from a world that is preoccupied with creativity. This discussion aims to show a particular kind of dialectic between creativity and ownership that underlies discourses about intellectual property especially in countries like Papua New Guinea. Through an ethnographic concern with personal names and their attendant claims to ownership and creativity, this paper aims to show how two trajectories of ownership co-exist in a Papua New Guinea society.
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Kumar, Nishant, Reetu Gour, and Navneet Sharma. "Intellectual Property Rights and Economical Development: A Brief Overview." Journal of Scientific Research and Reports 30, no. 5 (March 15, 2024): 145–62. http://dx.doi.org/10.9734/jsrr/2024/v30i51930.

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A "strong" IPRs regime, in the sense of providing robust protection of private intellectual property rights, was not a necessary prerequisite for their economic growth, according to the historical experiences of the now-developed nations while they were growing themselves, which we reviewed. Most of them did not provide PIPRs with any real protection until quite late in their development related to life science and especially biotechnology. Even the most developed nations, like the UK and the US, didn't create robust PIPRs regimes until the middle of the 19th century (with the exception of copyright protection in the US's instance), while the less developed nations didn't establish such regimes until much later. The legal framework governing the ownership and protection of intangible works of human intelligence, such as inventions, literary and creative creations, designs, symbols, names, and pictures used in commerce, is known as the Intellectual Property Rights (IPRs) regime. This system consists of international agreements, rules, and laws that provide owners or inventors of intellectual property the exclusive right to profit from their creations or investments in them. For the purposes of this paper, it is more important to note that all of these nations were quite willing to v30isolate the intellectual property rights (IPRs) of other nations, even when they had put in place laws protecting the IPRs. Examples include hiring illegal foreign labor, smuggling machinery, industrial espionage, violating trademark laws, allowing the patenting of imported inventions, and outright refusing to adopt the patent system (in the case of the Netherlands and Switzerland) related to life science and especially biotechnology. Some nations approached this issue in ways that can only be described. The best examples include the routine infringement of British trademarks by German producers in the late 19th century, when the nation was pressuring Switzerland to enact a patent law, and the US pressing other nations for the "improvement" of their patent laws in the lead-up to the adoption of the Paris Convention while flatly refusing to protect foreign copyrights related to life science and especially biotechnology. We talked about the issues with the dominant IPR regime that is now in place, which is centered on the patent system, and the TRIPS agreement that represents its apex. Contrary to popular belief, a "good" IPRs regime need not provide the strongest protection for private IPRs. Next, we looked at whether developing nations would likely gain from a stronger PIPRs system, particularly the one required under the TRIPS. Given that most developing nations do minimal R&D and that much of the new information they produce is not patentable, the "domestic" advantages of a stronger IPRs system—that is, an increase in knowledge production by the citizens—are probably relatively minor related to life science.
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Safiranita, Tasya, Sherly Ayuna Putri, and Hazar Kusmayanti. "Penyelesaian Sengketa Merek Terkenal “SEPHORA” atas Dasar Persamaan Pada Pokoknya Berdasarkan Herzien Inlandsch Reglement (HIR) dan Undang-Undang Merek." Dialogia Iuridica: Jurnal Hukum Bisnis dan Investasi 9, no. 1 (November 30, 2017): 112. http://dx.doi.org/10.28932/di.v9i1.734.

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Brand is a sign in the form of pictures, names, words of letters, numbers, arrangement of colors, or combinations of those elements which have distinguishthing power and are used in goods or service trade activities. The terms in the brand, especially regarding the protection of famous brands, can actually be applied in the case of domain names. "There is a provision in the TRIPs that governs the issue of protection of this famous brand, and the public becomes bound by the provision because it has been ratified". The meaning is Article 16 (3) TRIPs (Trade Related Aspect of Intellectual Property Rights). Article 16 (3) states that Article 6 bis of the Paris Convention on Protection of Industrial Property Rights shall apply, mutatis mutandis to goods and services which are not similar to goods and services to which a trademark has been registered.
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Al-Farouqi, Akhmad, Nandang Sutrisno, and Budi Agus Riswandi. "The Law of Anime: Otaku, Copyright, Fair Use, and It’s Infringements in Indonesia." JIPRO : Journal of Intellectual Property 3, no. 1 (July 1, 2020): 42–60. http://dx.doi.org/10.20885/jipro.vol3.iss1.art3.

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The massively growing popularity of Japanese animation or Anime creates a certain movement and has exported cultural form in another reflection from their fans in many countries. It can be in a form of data such as films, pictures, videos, or made by fans such as fan-subs, fan arts, fan-fictions or it can be in a real form such as clothes, merchandises or costumes for cosplayers. In Indonesia copyright is regulated in the Law no. 28 of 2014 on Copyright while internationally copyright are regulated by some of international convention and agreements such as Trade-Related Aspects of Intellectual Property Rights Plus concluded by WTO; Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, and the Rome Convention concerning protection of neighboring rights to literary works which are concluded by WIPO. Even though the infringement of intellectual property rights violated copyright and it is nationally and internationally protected by law, but the phenomenon of violation of this anime is can be easily found in daily life and massively growing, and due to unclear limitations and parameters of the balance in enjoying the economic benefits of reasonable interest which also regulated in Article 44 and is called as fair use however, questions arise, what kinds of movement which infringing the law and which one is not.
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Qiu, Xuesong, Zhao Yang, Shuyang Shi, Huiqin Li, and Yulin Zhou. "Type synthesis of 90°/180° dual-function upenders for large shell units of nuclear reactor." Proceedings of the Institution of Mechanical Engineers, Part C: Journal of Mechanical Engineering Science 234, no. 13 (February 20, 2020): 2610–23. http://dx.doi.org/10.1177/0954406220907635.

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In this paper, unit vectors collinear with the axes of large shell units of nuclear reactors were used to represent the poses of the workpieces. Based on the motion operator interpretation of the rotation matrix, 60 kinds of rotation matrix permutations with 90° turns as the step length to achieve 180° flipping of the workpiece were obtained. After eliminating invalid permutations and merging homogenous permutations, class I, II, and III flipping motion models were obtained. By calculating the Lie algebra of each step of rigid body motion in the flipping motion model, the twist and the motion pair property for each step were obtained. By means of the permutation and combination theory, the sequence of the motion pairs for different configurations was determined, and the rules between sequential transformations and axis changes of the motion pairs under the initial configuration were stipulated. Three classes of 19 initial configurations of 90°/180° dual-function upenders were constructed. For three of them, taking into account the characteristics of the axial dimension variation of workpieces, prismatic pairs were added along the workpiece’s axis (vector), and 15 overall configurations of 90°/180° dual-function upenders were synthesized. This provides the basic theoretical support for the innovative design of upenders with independent intellectual property rights.
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Fister, Barbara. "Playing for Keeps: Lifelong Learning in the Ludic Library." Pennsylvania Libraries: Research & Practice 1, no. 1 (April 14, 2013): 5–9. http://dx.doi.org/10.5195/palrap.2013.10.

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We take information literacy seriously, yet in a sense, the best researchers are playful. How might concepts of play inform our practice in libraries made for learning? What if we reconceptualized research from the systematic acquisition and use of intellectual property to a more creative and open approach to engaging with ideas in motion? What does it mean to be information literate in a world in which "publish" is a button?
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Geranfar, Babak. "The Malick Viewed." Conversations: The Journal of Cavellian Studies, no. 5 (February 27, 2018): 70–73. http://dx.doi.org/10.18192/cjcs.v0i5.2408.

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The question of the relation between Film and philosophy has been at the center of many intellectual debates since the foundation of cinema. It has been paraphrased and articulated in many disciplines such as Philosophy of Film, Film-Philosophy, Philosophy of Motion Pictures, Philosophy of Moving Images, even Film Theory. Nevertheless, as much as the technical aspects of the movies developed rapidly, the philosophical questions around it became more and more specific and the answers became more fallible by the end of the day. If you could agree before with some of the ontological conclusions of Bazin, Deleuze, Badiou or Cavell about celluloid-based Film, you certainly cannot share that agreement to generalize that to the kind of digital imagery that we call ‘Film’ today, nor can you justify the Hologram or 3D IMAX footage as constituents of a motion picture. The irony is that the old question, ‘what is Film?’, is as often and as rapidly revised as the question, “what is philosophy?”.
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11

Kung, Ying-Shieh, Jin-Mu Lin, Yu-Jen Chen, and Hsin-Hung Chou. "ModelSim/Simulink Cosimulation and FPGA Realization of a Multiaxis Motion Controller." Mathematical Problems in Engineering 2015 (2015): 1–17. http://dx.doi.org/10.1155/2015/202474.

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This paper is to implement a multiaxis servo controller and a motion trajectory planning within one chip. At first, SoPC (system on a programmable chip) technology which is composed of an Altera FPGA (field programmable gate arrays) chip and an embedded soft-core Nios II processor is taken as the development of a multiaxis motion control IC. The multiaxis motion control IC has two modules. The first module is Nios II processor which realizes the motion trajectory planning by software. It includes the step, circular, window, star, and helical motion trajectory. The second module presents a function of the multiaxis position/speed/current controller IP (intellectual property) by hardware. And VHDL (VHSIC Hardware Description Language) is applied to describe the multiaxis servo controller behavior. Before the FPGA realization, a cosimulation work by ModelSim/Simulink is applied to test the VHDL code. Then, this IP combined by Nios II processor will be downloaded to FPGA. Therefore, a fully digital multiaxis motion controller can be realized by a single FPGA chip. Finally, to verify the effectiveness and correctness of the proposed multiaxis motion control IP, a three-axis motion platform (XYZtable) is constructed and some experimental results are presented.
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Chaturvedi, Miss Astha, and Ruchi Tiwari. "Cybersecurity In The Age Of Artificial Intelligence – Who Should Be Culpable?" Journal of Advanced Zoology 44, S-5 (October 27, 2023): 1478–83. http://dx.doi.org/10.17762/jaz.v44is-5.1290.

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The age of the AI has come in hurtling and it has become difficult for law makers to keep pace. At the same time, unbridled by legislations, criminals in the cyber space are using these Artificial Intelligence tools. The instances of ChatGPT’s use in writing academic articles to morphing pictures of people, the degree of seriousness is high. Another incident was the use of morphed pictures of a celebrity couple’s child for disseminating fake news. The lines of reality and morphed is blurring to an extent that the line is very unclear and hence it is essential that proper laws are put in place to identify and assign culpability to the use of AI for criminal activities. Although the AI applications are guided by moral codes, the said moral codes would be guided by the developer’s morals and hence the question of standardized laws, ethics and morals would arise here. While the debate around AI and intellectual property rights have been on the round for some time and Courts in certain jurisdictions have already deliberated on it, the question has shifted to criminal culpability in case of hacking, creation of photos that falsify evidence, publication of pictures of individuals that have been digitally altered via AI, etc. The question that arises is who is in control of the actions of the AI, since the creator of the AI is not always the person who is involved in criminal activities that are affected through the AI. Also, would a standard code of ethics be able to govern the AI’s functioning successfully?
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Shin, Soyoun. "A Case Study of NFT Utilization According to Global Marketplace ‘Opensea’ Categorization." Korean Society of Culture and Convergence 45, no. 11 (November 30, 2023): 85–100. http://dx.doi.org/10.33645/cnc.2023.11.45.11.85.

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This paper analyzed NFT cases for each type based on the type classification provided by Opensea the world's No. 1 NFT marketplace, and explored the possibility of NFT being used in the entertainment industry. Among the nine types in total, including Art, Photography, Music, Gaming, Sports Collectibles, Memberships, Profile Pictures (PFPs), Virtual Worlds, and Domain Names, eight of them showed potential for integration with the entertainment industry. Each type could be categorized into three directions: NFT as digital merchandise, NFT as a new method of content creation and production, and NFT as a means to expand and enhance fandom and intellectual property (IP). We hope that the various cases presented and the analysis in this study can inspire various genres of entertainment businesses, such as music, film, musicals, and performances. We also hope that ongoing research from various perspectives on technology, content, and industry markets will contribute academically and industrially.
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Potashova, Ksenia A. "“Glass of Optics” as a Means of Understanding the World in the Poem by G. R. Derzhavin “To Eugene. Life in Zvanka”." Two centuries of the Russian classics 6, no. 2 (2024): 6–19. http://dx.doi.org/10.22455/2686-7494-2024-6-2-6-19.

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The article aims to identify the empirical foundations of the cosmic imagery of G. R. Derzhavin’s poetry and to reveal the mechanisms for transforming visible pictures of the Universe in the poem “To Eugene. Life in Zvanka.” Property inventories and drawings of the Zvanka estate allow us to establish Derzhavin’s passion for observing the movement of celestial bodies and what kind of telescope the poet used for it. The article considers the nominations “glasses of optics” and “gloomy lantern,” which the poet uses to represent a telescope. By looking through a telescope, the poet sees what is inaccessible in natural existence but, at the same time, is part of the Divine world and complements the idea of the Divine Universe. The article examines the symbolic fullness of the images of celestial bodies in Derzhavin’s poem in comparison with the treatises of Augustine the Blessed. It clarifies the poet’s understanding of beauty not only in its aesthetic but also in its intellectual component.
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Shin, Eui-Soo, Min-Kyung Park, and Jae-Kyung Han. "Intellectual Property Protection Measures in the Metaverse Environment - Focused on the Motion Marks and the Animated GUI Designs -." Jeonbuk Law Review 69 (September 30, 2022): 379–405. http://dx.doi.org/10.56544/jblr.2022.09.69.379.

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Ma, Chun Min, Jian Wu Yang, and Ren Yuan Fei. "Porting of EtherCAT Soft Master and Developing of a New Type of Open Motion Controller." Applied Mechanics and Materials 34-35 (October 2010): 961–65. http://dx.doi.org/10.4028/www.scientific.net/amm.34-35.961.

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It is an expectation of most of the numerical control products manufacturer that have a powerful controller with whole won intellectual property and without restriction from other companies. The paper introduces a new type of motion controller that based on ARM and EtherCAT field bus. It concludes the analysis and porting method of the EtherCAT soft master source code, and how to modify the driver of dm9000 to make EtherCAT master works correctly. It also gives an example to confirm the reliability of the controller. Since ARM has an open architecture, EtherCAT soft master does not depend on any special hardware card, and Linux OS is an open source system, this controller has open and flexible characteristic both on hardware and software.
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Toroman, Amel, Una Drakulić, Amel Džanić, and Azra Kapić. "Raspberry Pi based Web Monitoring Smart Security System." IOP Conference Series: Materials Science and Engineering 1298, no. 1 (December 1, 2023): 012027. http://dx.doi.org/10.1088/1757-899x/1298/1/012027.

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Abstract The surveillance system has been utilized over the years on public property in order to provide security and prevent unauthorized entrance. Lately, more private homeowners are choosing to implement security systems. There are many problems with the video surveillance system. These disadvantages are the indistinctiveness of the pictures/video and the need for a lot of storage space to save surveillance information. This paper describes the design and implementation of a low-cost Web Monitoring System based on Raspberry Pi. Also, a web application is designed for the purposes of controlling the camera and for live streaming. The live stream from a web camera can be viewed from any web browser, even mobile, in real-time. Controlling the camera is possible with the web application using four commands (up/down, left/right). Also, the camera moves depending on the detection of an object located in the visible area of the PIR Motion sensor, thereby issuing a warning message about object detection.
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Chen, Qingzhang, Youhua Liu, and Xuezhi Li. "Stability Control of Vehicle Emergency Braking with Tire Blowout." International Journal of Vehicular Technology 2014 (March 11, 2014): 1–7. http://dx.doi.org/10.1155/2014/436175.

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For the stability control and slowing down the vehicle to a safe speed after tire failure, an emergency automatic braking system with independent intellectual property is developed. After the system has received a signal of tire blowout, the automatic braking mode of the vehicle is determined according to the position of the failure tire and the motion state of vehicle, and a control strategy for resisting tire blowout additional yaw torque and deceleration is designed to slow down vehicle to a safe speed in an expected trajectory. The simulating test system is also designed, and the testing results show that the vehicle can be quickly stabilized and kept in the original track after tire blowout with the emergency braking system described in the paper.
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Escobar Andrae, Bernardita, and Nelson Arellano Escudero. "Green Innovation from the Global South: Renewable Energy Patents in Chile, 1877–1910." Business History Review 93, no. 02 (2019): 379–95. http://dx.doi.org/10.1017/s000768051900062x.

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This research note uses the case of nineteenth-century Chile to argue that the phenomenon of early green entrepreneurship was not confined to the United States and Europe. It focuses on Chile-based inventors who pursued intellectual-property protection in solar, tidal, wave motion, water flow, and wind power. The backgrounds and careers of these inventors are examined. The case contests the popular assumption that knowledge always originated in the developed North and flowed southward. Instead, at least in the case of renewable energy, knowledge emerged endogenously in Chile and sometimes even flowed northward. This research note argues that the circulation of knowledge was strongly linked to the mobility of individuals rather than to the mobility of patents between North and South.
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Pratiwi, Tiara, Aghnina Wahdini, and Alvikha Adrian. "Penggunaan Instagram Sebagai Transmedia Storytelling Pada Semesta “Nanti Kita Cerita Tentang Hari Ini”." MEDIALOG: Jurnal Ilmu Komunikasi 3, no. 2 (August 25, 2020): 36–42. http://dx.doi.org/10.35326/medialog.v3i2.739.

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The presence of social media brought positive impact on various aspects in socio-economic context. Social media gave people the opportunity to promote their own product or creation in a wide, interconnected network allowing the product to be published on multiple platforms. As one of the most popular social media, Instagram aren’t only used to share pictures and videos, but also to share narrative content as Marchella FP has done. NKCTHI is growing as an intellectual property, but it hasn’t reached a stage where fans are allowed to actively contribute to the universe. Marchella still has absolute control over its creation. So far there isn’t any fan who are willing to contribute an independent creation to NKCTHI universe and yet she released the third book called “Nanti Kita Cerita Tentang Hari Ini” as a response to a demand from the mass audience. This research focuses on how Instagram are used to widen her reach and also to how she used different medium to expand NKCTHI as a universe. This research is based on transmedia storytelling concept, in which stories are told through multiple medium. This research is done using qualitative descriptive approach, and using observation and secondary data as analysis unit
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Diligenski, Andrej, and Dragan Prlja. "PROTECTION OF COPYRIGHT IN THE DIGITAL WORLD." Strani pravni život 61, no. 1 (January 31, 2017): 35–49. http://dx.doi.org/10.56461/spz17103d.

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In today’s digital world, in which the copyrights and intellectual property (music, pictures, movies...) are copied and replicated free of charge and in excellent quality over the Internet with tremendous speed, is almost every one of us confronted every single day with a complicated issue of copyrights. The territorial jurisdiction of the copyright law is facing new challenges in the digital world and above all on the Internet. Court practice review of the European Court of Justice and the German courts indicates legal problems in practice. Besides that, courts through interpretation of the European law provisions directly affect the protection of copyright in the digital world. This role of case practice in the creation of copyright protection contributes the fact, that in the digital world technical achievements are rapidly developing. On the other hand the political processes are extremely lengthy, so that the courts make their decisions quicker and create the law. Every day use of someone else’s copyright works by file sharing service providers or link setters opens questions of legal liability for the copyright infringement The use of Creative Commons licensed copyright works open up a new dimension in the implementation of copyright protection in the digital world.
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Su, Park Jin, Jeon Cheon Hoo, and Kim Tak Hoon. "Study on Stop Motion Animation-based Game Development with Animation Intellectual Property – Focused on Shooting Game based on KBS 1TV 〈Galaxy Kids〉." TECHART: Journal of Arts and Imaging Science 5, no. 4 (November 30, 2018): 17–23. http://dx.doi.org/10.15323/techart.2018.11.5.4.17.

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Díaz Noci, Javier. "Merging or plagiarizing? The role of originality and derivative works in AI-aimed news production." Hipertext.net, no. 26 (May 29, 2023): 69–76. http://dx.doi.org/10.31009/hipertext.net.2023.i26.11.

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The emergence of artificial intelligence systems applied to news production raises a series of legal questions that we examine in this short article. The central concept is, in our opinion, that of originality and creativity, legal requirements for attributing authorship and setting in motion the mechanisms of legal protection for a work, be it simple or collaborative, or even composite. The type of work that raises most questions is the derivative work, obtained from the transformation of pre-existing work(s), whose rights of authorship and economic exploitation must be respected at all times. The practices of learning systems based on artificial intelligence, which explicitly recognise that they rely on a wide variety of works protected by copyright, pose many doubts, and are not clearly able to benefit from the fair use exception, which, moreover, is only applicable to works produced in Common law jurisdictions, but not in other countries with an authorial system of intellectual property protection.
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Abdulhamid, Mohanad, and Singoee Sheshai. "Design of Security System Based on Raspberry-PI." Scientific Bulletin of Electrical Engineering Faculty 19, no. 2 (October 1, 2019): 56–61. http://dx.doi.org/10.1515/sbeef-2019-0022.

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AbstractAs a critical constituent of many associations’ protection and security precedence, video surveillance has set up its importance and benefits numerous instances with the aid of imparting immediate supervising of possessions, people, surroundings and property. This paper deals with the diagram strategy of an embedded real-time surveillance gadget based totally on Raspberry-Pi single board computer (SBC) for intruder detection which is reinforcing technology of surveillance to supply fundamental security to our life and associated control and alert operations. The suggested safety solution is hinging on our novel integration of cameras and action detectors into application of web. Raspberry-Pi is operating and controlling action detectors and video cameras for far flung sensing and surveillance, streams live video and files it for future playback. Also, this paper is focusing on growing a surveillance machine that detects strangers and to response speedily through taking pictures and relaying photos to proprietor based totally wireless module. This Raspberry-Pi based clever surveillance machine presents the concept of monitoring a region in a far-flung area. The suggested solution offers a fee advantageous ubiquitous surveillance solution, environment friendly and convenient to implement. Furthermore, the paper presents the idea of motion detection and tracking using image processing. This type of technology is of great importance when it comes to surveillance and security. Live video streams therefore be used to show how objects can be detected then tracked. The detection and tracking process are based on pixel threshold.
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Aharonov, Yakir, Eliahu Cohen, Fabrizio Colombo, Tomer Landsberger, Irene Sabadini, Daniele C. Struppa, and Jeff Tollaksen. "Finally making sense of the double-slit experiment." Proceedings of the National Academy of Sciences 114, no. 25 (May 31, 2017): 6480–85. http://dx.doi.org/10.1073/pnas.1704649114.

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Feynman stated that the double-slit experiment “…has in it the heart of quantum mechanics. In reality, it contains the only mystery” and that “nobody can give you a deeper explanation of this phenomenon than I have given; that is, a description of it” [Feynman R, Leighton R, Sands M (1965) The Feynman Lectures on Physics]. We rise to the challenge with an alternative to the wave function-centered interpretations: instead of a quantum wave passing through both slits, we have a localized particle with nonlocal interactions with the other slit. Key to this explanation is dynamical nonlocality, which naturally appears in the Heisenberg picture as nonlocal equations of motion. This insight led us to develop an approach to quantum mechanics which relies on pre- and postselection, weak measurements, deterministic, and modular variables. We consider those properties of a single particle that are deterministic to be primal. The Heisenberg picture allows us to specify the most complete enumeration of such deterministic properties in contrast to the Schrödinger wave function, which remains an ensemble property. We exercise this approach by analyzing a version of the double-slit experiment augmented with postselection, showing that only it and not the wave function approach can be accommodated within a time-symmetric interpretation, where interference appears even when the particle is localized. Although the Heisenberg and Schrödinger pictures are equivalent formulations, nevertheless, the framework presented here has led to insights, intuitions, and experiments that were missed from the old perspective.
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Klug, Heinz. "Access to Medicines and the Transformation of the South African State: Exploring the Interactions of Legal and Policy Changes in Health, Intellectual Property, Trade, and Competition Law in the Context of South Africa's HIV/AIDS Pandemic." Law & Social Inquiry 37, no. 02 (2012): 297–329. http://dx.doi.org/10.1111/j.1747-4469.2011.01268.x.

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Access to essential medicines remains highly contested around the globe and a vital issue in South Africa. At the same time, the HIV/AIDS pandemic and the demand for medical services are having important political and social consequences in a society heavily impacted by the pandemic. Legal and institutional changes within the postapartheid state in South Africa are in part a reflection of the interaction of opportunities and constraints both within and across the country's geographical boundaries. The transformation of state institutions in this context has been set in motion and shaped by different policy imperatives: from demands for medical care to the promotion of economic competition and the need to implement international trade commitments, including specific levels of intellectual property protection. Despite a strong commitment to social change, to address the legacies of apartheid, as well as the relative strength and political will of the dominant political party, the African National Congress, the transformation of a number of state institutions was significantly framed by the global environment in which the country found itself. In the context of South Africa's democratic transition and the devastating HIV/AIDS pandemic, the state responded to a range of shifting opportunities and constraints, whether real or perceived. As a result, impetus was given to different policies and competing political and economic factions, enabling particular institutions and rules to be embraced, created, reshaped, or simply foregone.
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Vardanyan, Yeghiazar Vahram, Valerik Mamikon Harutyunyan, Karapet Hakob Mosikyan, Garik Varuzhan Khachatryan, and Azat Liparit Smbatyan. "Measuring the Adhesion Coefficient of a Pneumatic Tire to Road Surface." E3S Web of Conferences 533 (2024): 04002. http://dx.doi.org/10.1051/e3sconf/202453304002.

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The relevance of developing a method for measuring the adhesion coefficient of a pneumatic tire to the road surface is due to ensuring the objectivity and accuracy of road audits as well as the expertise of road traffic accidents. Based on the results of the analysis, a device for measuring the adhesion coefficient of a pneumatic tire with road surface was designed for cars weighing up to 3.5 T and more than 3.5 T. The device features interchangeable motion slide blocks, a strain gauge transducer, and an electronic computing section which provides calculations of the adhesion coefficient at two- second intervals through a special program and stores the results in the memory of the device. Subsequently, based on the results of the recorded data, a computer program is used to create a diagram of the change in the adhesion coefficient of a pneumatic tire with road surface for the road section under study, as well as and the average value is determined. Experimental studies have obtained the results of measuring the adhesion coefficient of a pneumatic tire with road in case of different conditions of the surface; dry asphalt concrete, wet asphalt concrete, dusty and wet asphalt concrete, packed snow and black ice, ay various temperature conditions. The device has been registered as an invention in the Intellectual Property Office of Armenia under No. 852Y, dated 1.11. 2023.
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Almadi Putri and Herlinda Mansyur. "Sakato Plate Dance Choreography at Nagari Abai." Avant-garde: Jurnal Ilmiah Pendidikan Seni Pertunjukan 2, no. 1 (October 30, 2023): 1–6. http://dx.doi.org/10.24036/ag.v2i1.104.

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The purpose of this study was to describe and analyze the Choreography of Sakato Plate Dance in Nagari Abai. The object of research studied was Sakato Plate Dance in Abai Sakato Art Studio, Nagari Abai. Stationery is used to record information or data obtained from sources and information related to Sakato Plate Dance. Photo Camera to take pictures of the form of motion and everything related to Sakato Plate Dance. Audio Recorder, this tool is used to record information about dance history, background, dance music and other information from informants and sources about Piring Sakato Dance. Primary data, namely data obtained from the main source, namely the choreographer of Sakato Plate Dance. Secondary data, which is supporting research data obtained through data that has been collected or the results of relevant research, then the data is also obtained from documentation owned by the Sakato Plate Dance choreographer in the form of photos, video recordings and others. The analysis steps taken are, the data is selected as needed and related to the problem posed, namely about the Sakato Plate Dance Choreography then arranged systematically and descriptively. The energy aspect used in this Sakato Plate Dance is that there is slow, medium, and strong energy this aspect aims to beautify the Sakato Plate Dance. As for the interaction that occurs in the Sakato Plate Dance, the property used in this Sakato Plate Dance is a plate with a plate size of 5. The clothes used in the Sakato Plate Dance are costumes that have been created so that dancers are easy to make movements and are not disturbed when holding plates.
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Schnädelbach, Sandra. "Andreas Killen. Homo Cinematicus: Science, Motion Pictures, and the Making of Modern Germany. (Intellectual History of the Modern Age.) viii + 268 pp., figs., bibl., index. Philadelphia: University of Pennsylvania Press, 2017. $69.95 (cloth). ISBN 9780812249279." Isis 109, no. 4 (December 2, 2018): 864–65. http://dx.doi.org/10.1086/701338.

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Ash, Mitchell G. "Homo Cinematicus: Science, Motion Pictures, and the Making of Modern Germany. By Andreas Killen. Intellectual History of the Modern Age. Edited by Angus Burgin et al.Philadelphia: University of Pennsylvania Press, 2017. Pp. viii+268. $65.00." Journal of Modern History 91, no. 1 (March 2019): 222–23. http://dx.doi.org/10.1086/701567.

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Sayed, Wafaa S., Merna Roshdy, Lobna Said, Norbert Herencsar, and Ahmed Radwan. "CORDIC-Based FPGA Realization of a Spatially Rotating Translational Fractional-Order Multi-Scroll Grid Chaotic System." Fractal and Fractional 6, no. 8 (August 7, 2022): 432. http://dx.doi.org/10.3390/fractalfract6080432.

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This paper proposes an algorithm and hardware realization of generalized chaotic systems using fractional calculus and rotation algorithms. Enhanced chaotic properties, flexibility, and controllability are achieved using fractional orders, a multi-scroll grid, a dynamic rotation angle(s) in two- and three-dimensional space, and translational parameters. The rotated system is successfully utilized as a Pseudo-Random Number Generator (PRNG) in an image encryption scheme. It preserves the chaotic dynamics and exhibits continuous chaotic behavior for all values of the rotation angle. The Coordinate Rotation Digital Computer (CORDIC) algorithm is used to implement rotation and the Grünwald–Letnikov (GL) technique is used for solving the fractional-order system. CORDIC enables complete control and dynamic spatial rotation by providing real-time computation of the sine and cosine functions. The proposed hardware architectures are realized on a Field-Programmable Gate Array (FPGA) using the Xilinx ISE 14.7 on Artix 7 XC7A100T kit. The Intellectual-Property (IP)-core-based implementation generates sine and cosine functions with a one-clock-cycle latency and provides a generic framework for rotating any chaotic system given its system of differential equations. The achieved throughputs are 821.92 Mbits/s and 520.768 Mbits/s for two- and three-dimensional rotating chaotic systems, respectively. Because it is amenable to digital realization, the proposed spatially rotating translational fractional-order multi-scroll grid chaotic system can fit various secure communication and motion control applications.
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Zvyagintsev, A. Yu, S. I. Maslennikov, A. K. Tsvetnikov, A. A. Begun, and N. I. Grigoryeva. "Study of fouling communities succession under conditions of the device of controlled water flow." Marine Biological Journal 6, no. 1 (March 23, 2021): 17–33. http://dx.doi.org/10.21072/10.21072/mbj.2021.06.1.02.

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For testing the anticorrosive and antifouling protective coatings, a ground stand is developed: the device of controlled water flow. The relevance of the study is undeniable, given the practical significance of the problem. The stand is connected to the main of sea running water. The device makes it possible to imitate the motion of aqueous flow around the vessel, thus simulating the conditions of moving amphibious facility. The aim of this work is to present for the first time the new device, created by us, which received a positive decision of Rospatent (Federal Service for Intellectual Property). For two months, full-scale field tests were carried out. They have showed essential qualitative and quantitative differences in the composition of fouling communities on the experimental plates, placed into the device of controlled water flow and suspended in the water column on the pier of the Zapad marine biological station of the National Scientific Center of Marine Biology, FEB RAS. Benthic diatoms predominate in the periphyton community under the conditions of the device of controlled water flow; there is practically no zoofouling. Phytocenosis of green algae, which is common for a vessel variable loadline or a hydraulic structure drainage zone, is presented on the plates from the open bay. The efficiency of using the device of controlled water flow, created by us, is shown for studying the patterns of formation of the fouling communities in different hydrodynamic flows. The main practical conclusion is that the device can be used to verify the properties of protective coatings on the substrates tested, inter alia antifouling and anticorrosive coatings.
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Alzahrani, Ali. "Detecting Digital Watermarking Image Attacks Using a Convolution Neural Network Approach." Security and Communication Networks 2022 (June 6, 2022): 1–12. http://dx.doi.org/10.1155/2022/4408336.

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In scientific research, one of the most significant problems of recent years has been and continues to be the protection of digital material. The advancement of Internet technology has allowed for the illicit duplication, authentication, and distribution of digital material by unauthorized individuals. For this reason, a variety of watermarking systems have been investigated for a variety of purposes, including broadcast monitoring, intellectual property protection, content authentication, and copy control. There are various types of the watermarking image attacks that impact the quality of the images; therefore, it is critical to ensure that watermarked digital images can withstand these kinds of attacks. Hence, novelty of the proposed research is to develop approaches to detect these attacks which becomes very important to guarantee a sufficient quality of watermarking images. In this paper, a deep learning method based on a convolution neural network (CNN) algorithm was proposed to detect various types of watermarking attacks, namely, median filter, Gaussian filter, salt-and-pepper, average filter, motion blur, and no attack, to improve the watermarking quality. Evaluation metrics such as peak signal-to-noise ratio (PSNR), structural similarity index measure (SSIM), and the normalization correlation (NC) were employed to examine the invisibility and robustness of the watermarking images. The empirical results of the CNN model show good performance for detecting watermarking attacks with different sizes (256, 128, and 64). The accuracy percentage of the testing process was 98%. A highly efficient CNN approach was developed. Very high performance of NC was found in the detection of the salt-and-pepper attack (99.02%, 99.97%, and 99.49% with respect to watermarking image sizes of 256 × 256, 128 × 128, and 64 × 64, respectively). The study concludes that the CNN model is able to detect watermarking attacks successfully.
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Bogatyreova, M. A. "FUNCTIONS OF HIGHER PROFESSIONAL FOREIGN LANGUAGE EDUCATION." MGIMO Review of International Relations, no. 3(36) (June 28, 2014): 266–72. http://dx.doi.org/10.24833/2071-8160-2014-3-36-266-272.

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The article is about the functions of professional higher education dealing with the sphere of foreign languages (FL). There are all indications that these functions are mainly determined by the higher education objectives, the dominating role that foreign languages play in modern society and politics. The analysis of existing linguistic concepts (up to the ХХ-th century) as well as the current state of FL educational system, testifies to the fact that a number of urgent and indispensable changes are needed. The desirable transformations are aimed to amplify the contents of the functional burden of professional FL education. According to the provisions of the latest state standards, the transmission to new paradigms of thinking is primarily provided by the innovation modus, that is intended to steadily develop sociocultural technologies, improve the contents of FL education, increase the effectiveness of students' achievements, work out a new system of monitoring, controlling and assessing academic results. However, multi-media techniques and strategies should be associated with the anthropological paradigm, capable of driving in motion the "front-running" mechanism of sociocultural reproduction. That means that graduates' FL proficiency, alongside with influence, property and benefit, is becoming the most important indicator of social status in modern society. Consequently, multifunctional FL education is supposed to reflect the formation of axiological values of students, their inner motives and personal attitudes that, being embodied in the creative products of speech, exercise an essential impact on valuable society orientations. Evidently, society is intellectual to an extent it applies knowledge which was accumulated in the cultural gene pool of humanity. It is just through the educational channel that the basic value of culture performs the function of adjusting objective reality to individuals' goals and their meaningful implications. The language conjures a subjective image of the objective world, and in the context of individual approach it does not only mean building one's own trajectory of covering the academic material, but also developing strategies of transforming the world. According to the culture-centred principle, which underlies educational functions, the latter tend to unfold logically in any separate classification of functions.
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Ursu, V., and Е. Mustata. "The objective side of the crime of unfair competition: theoretical and practical aspects." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 630–38. http://dx.doi.org/10.24144/2788-6018.2024.02.105.

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Market relations assume the coordinated operation of three basic mechanisms: competition, supply and demand, and prices that set the entire economic system in motion. Economic agents are forced to enter into competitive relations with each other, but economic entities are not always conscientious and honest, respecting the rights and interests of both bona fide competitors and operating according to honest customs, as well as the clientele/consumers. Protection against unfair competition stands out as an independent legal institution that deserves a detailed study due to its importance for the development of competition and business relations. The Moldovan legislator adopted a series of normative acts aimed at regulating the legal relations that arise between the subjects of economic activity in the process of carrying out this activity, including, to ensure their normal realization, the protection of fair competition, the rights and interests of competitors and citizens. For the violation of the "rules of the game”, state reaction measures are provided by establishing legal liability, including criminal. A good understanding of the essence and legal nature of the crime of unfair competition provides us with the legal-criminal analysis of the composition of the crime provided for in art. 2461 of the Criminal Code. The article is dedicated to the analysis of the objective side of the crime of unfair competition, the authors focusing on the theoretical and practical aspects of this constitutive element of the crime. Based on the provisions of art. 2461 of the Criminal Code, the authors undertook a study of the five normative methods under which the crime of unfair competition is presented, relating them to the methods provided for in Law no. 183/2012 on competition, but also to the provisions of the Paris Convention for the protection of intellectual property, thus trying to highlight the factual manifestations of the analyzed crime, including elucidating the nature and legal essence of these modalities. The study undertaken allowed the authors to draw certain conclusions which, in turn, suggested certain ideas of legislative proposals that would improve the quality of the legal-penal norm contained in art. 2461 of the Criminal Code of the Republic of Moldova.
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Wright, Blake. "Automated Mud Skid Holds Promise of Safety, Efficiency Improvements With Real-Time Fluid Monitoring." Journal of Petroleum Technology 73, no. 06 (June 1, 2021): 31–33. http://dx.doi.org/10.2118/0621-0031-jpt.

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As industry buzzwords go, “automation” has spent its time in oilfield vernacular climbing the ranks of widely used terms. It now resides as one of the go-to designations for signs of advancement in any number of disciplines. Its use has been tied most frequently with drilling operations as contractors look to keep employees out of harm’s way via a robotic take-over of most motion-intensive jobs on the rig’s drill floor—basically anything that grips, clamps, or spins. More recently, the term has moved away from the drill floor and into other well construction operations allowing for things such as remote, real-time measurements without the need for boots on the ground. For areas like west Texas and the Permian Basin shales, having the option for remote readouts and a component of automation that can allow for corrective actions should the need arise can go a long way in terms of safety and efficiency gains as well as better manpower application. Unsurprisingly, the area has become a solid testing ground for new, expanding efforts in automation. With dreams of new drilling-fluid-monitoring automation, Eric van Oort, a professor at The University of Texas at Austin and former Shell research scientist, and select students came up with a new way to automatically measure mud parameters such as viscosity without the use of a traditional viscometer. “The fact that we still use manual measurements, some of them now 90 years old, is quite puzzling in this day and age,” van Oort said. “The Marsh funnel, for instance, was introduced in the 1930s, and other mud tests go back to the 1950s and 1960s. These API measurements have served us well, but the question is, can you do something more now with modern measurement techniques and sensors? So, I started working on new ways of measuring the viscosity and density, and then later fluid loss and even solids and salinity in muds. That proved to be all very successful and promising.” Construction of a mud skid to house the equipment and sensors needed to conduct these tests in real time was the next step in the evolution of van Oort’s concept. That initial skid was a cannibalized and reworked version of a unit that was employed on Shell’s Rig 1, which the supermajor built for its in-house rig-automation research based in Pennsylvania. This early mud skid, considered the prototype of van Oort’s design, was abandoned before it was properly tested. “We generated quite a bit of IP [intellectual property], my students and I at UT,” he said. “The Shell skid hadn’t seen a significant amount of service, and it had some nice components that we could reuse. We took that skid apart and reconfigured it and put it out in the field with Pioneer Natural Resources for a set of field trials in the Permian. Those went well.” The field trial results were shared in a paper presented at the 2019 Unconventional Resources Technology Conference (URTEC 2019-964). The paper concluded that the pipe viscometer employed by the skid allows for the characterization of additional rheology parameters, which cannot be obtained with Couette-type viscometers, such as the critical Reynolds number, characterizing the transition from laminar into turbulent flow, and the friction factor in the turbulent flow regime.
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Gong, Jianxin, and S. Mark Young. "Financial and Nonfinancial Performance Measures for Managing Revenue Streams of Intellectual Property Products: The Case of Motion Pictures." SSRN Electronic Journal, 2016. http://dx.doi.org/10.2139/ssrn.3459849.

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Makwana, Khushi. "INTELLECTUAL PROPERTY RIGHTS AND SOCIAL MEDIA." JOURNAL OF UNIQUE LAWS AND STUDENTS, July 15, 2021. http://dx.doi.org/10.59126/v1i2a5.

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In general, intellectual property rights relate to a collection of intangible assets held and legally protected by an individual or corporation from outside use or implementation without approved approval, such as invention, creativity, and contributions to the relevant area of expertise. The economic process, financial incentive, and motivation for advanced innovations engrained in the appropriate legal protection of Intellectual Property Rights demand expert, guided, and constantly updated assistance in the field of Intellectual Property Rights. With the tremendous rate of technical, scientific, and medical innovation that we are experiencing today, intellectual property has become increasingly crucial. Furthermore, developments in the global economic climate have had an impact on the creation of business models in which intellectual property is a key component in building value and prospective growth. Several new intellectual property legislations have been passed in India in order to fulfil international commitments under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights. As a result, intellectual property has become one of the world's largest and fastest-growing disciplines of law, necessitating the need for specialists to deal with IP. Copyright is a broad sphere that encompasses innovations, creations, intellectual products in print, audio-visual, sign & symbol, and digital formats. Copyright is a tremendous stimulant for the social media industry, which is full of invention and innovation. Media platforms, including social media, employ creative ideas, pictures, sounds, scripts, and a variety of other tools and ways of communication for professional, commercial, and individual aspirations. All of these forms, which are generated by individuals and businesses with rigorous efforts in design, research, and development, need a significant expenditure. These projects were built through the dedication of one’s time and money has yielded a profit to the creators and it has become a source of encouragement for everybody.
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Kurniawan, Ehwan. "TRANSFER OF VEHICLES SI JUKI'S INTELLECTUAL PROPERTY RIGHTSFROM COMICS TO ANIMATION." International Review of Humanities Studies 5, no. 1 (May 13, 2020). http://dx.doi.org/10.7454/irhs.v5i1.250.

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Transfer of vehicles is removal and alteration. In a broader meaning, this term can even include the conversion of various types of science into works of art. Intellectual Property Rights are rights granted to the creators of Intellectual Property and include trademarks, copyrights, patents, industrial rights, and in some jurisdictional trade secrets. Art works including music and literature, as well as inventions, words, expressions, symbols, and designs can all be protected as intellectual property. Comics (noun) plural form, used with a single verb. Pictures and other symbols that are overlap (close together, next to each other) in sequentially thing, to provide information and/or achieve aesthetic responses from readers. Animation is a two-dimensional image or three-dimensional model that seems to move, because of the brain's ability to always save/remember images that were seen before. To enjoy the animation how to move a collection of images that are displayed sequentially with a certain speed that creates the impression of moving from the image.
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Otrębski, Wojciech, and Agnieszka Sudoł. "Development and validation of the Moral Sensitivity Inventory for people with intellectual disabilities." Journal of Intellectual Disabilities, November 2, 2020, 174462952096262. http://dx.doi.org/10.1177/1744629520962622.

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This article presents the Moral Sensitivity Inventory, a unique reading-free tool for evaluating the moral sensitivity of people with intellectual disability. Moral sensitivity, one of the four components of Rest’s Four Component Model of Morality (1994), is thought to influence moral behavior. The Moral Sensitivity Inventory is intended for people aged 16–30 years with mild or moderate intellectual disabilities. The Moral Sensitivity Inventory is comprised of 10 stories with pictures illustrating the aspects of morality, which are grouped into six categories: responsibility; respect for the common good and the property of other people; harming other people; seeking and seeing the good in others; conformance to principles and norms; understanding. The Moral Sensitivity Inventory identifies competences and gaps in moral sensitivity, which makes it a helpful tool for educating and social rehabilitation of people with intellectual disabilities. The overall reliability of the tool was .89 and the reliability of individual stories ranged from .87 to .90.
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Gross, Eduard C. "The Creative Paradox of AI: Enabler or Disruptor of Human Imagination?" Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law, August 1, 2023, 69–74. http://dx.doi.org/10.31926/but.ssl.2023.16.65.1.7.

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The use of artificial intelligence (AI) in communication and its effects on the market for creative jobs are covered in this article. While AI-generated pictures offer numerous advantages, such as efficiency and flexibility, the article emphasizes that they can have ethical consequences, such as deceit, stereotyping, illicit data usage, and intellectual property infringement. The essay goes into further detail on the problems of copyright, artistic credit, and imitation when using AI to create artwork. The dispute over whether robots can actually produce works of art or can only imitate human creativity is also discussed in the essay, raising concerns about the very nature of creativity. The paper concludes by highlighting the significance of analyzing the ethical implications of emerging technology.
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Reddy, Dinesh, Palem Sai Vishnu Vardhan Reddy, Sugur Nanji Reddy, and Vamshi Krishna. "IOT-BASED SECURITY SYSTEM USING RASPBERRY PI." International Journal of Innovative Research in Advanced Engineering, August 12, 2022, 240–44. http://dx.doi.org/10.26562/ijirae.2022.v0908.18.

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By providing immediate monitoring of commodities, people, the environment, and property, video surveillance has established its significance and advantages as a crucial part of many organizations' security and safety concerns. The goal of this project is to build an Embedded Real-Time Surveillance System (ERTSS) based on the Raspberry Pi SBC for intruder detection, which improves surveillance technology and provides essential security for our daily life. The suggested security system is built on our ground-breaking integration of cameras and motion detectors into a web application. The Raspberry Pi runs and manages motion sensors and cameras for remote sensing and monitoring, sends live footage, and records it for later replay. The goal of this study is to develop a surveillance system that can recognize strangers and act fast by taking pictures and sending them to a wireless owner-based module. Additionally, this project will show how to detect and track motion using image processing. These kinds of tools are essential for security and surveillance. Live video broadcasts will therefore be used to show how objects can be identified and followed. The detection and tracking process will employ pixel threshold.
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Collins, Steve. "Recovering Fair Use." M/C Journal 11, no. 6 (November 28, 2008). http://dx.doi.org/10.5204/mcj.105.

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IntroductionThe Internet (especially in the so-called Web 2.0 phase), digital media and file-sharing networks have thrust copyright law under public scrutiny, provoking discourses questioning what is fair in the digital age. Accessible hardware and software has led to prosumerism – creativity blending media consumption with media production to create new works that are freely disseminated online via popular video-sharing Web sites such as YouTube or genre specific music sites like GYBO (“Get Your Bootleg On”) amongst many others. The term “prosumer” is older than the Web, and the conceptual convergence of producer and consumer roles is certainly not new, for “at electric speeds the consumer becomes producer as the public becomes participant role player” (McLuhan 4). Similarly, Toffler’s “Third Wave” challenges “old power relationships” and promises to “heal the historic breach between producer and consumer, giving rise to the ‘prosumer’ economics” (27). Prosumption blurs the traditionally separate consumer and producer creating a new creative era of mass customisation of artefacts culled from the (copyrighted) media landscape (Tapscott 62-3). Simultaneously, corporate interests dependent upon the protections provided by copyright law lobby for augmented rights and actively defend their intellectual property through law suits, takedown notices and technological reinforcement. Despite a lack demonstrable economic harm in many cases, the propertarian approach is winning and frequently leading to absurd results (Collins).The balance between private and public interests in creative works is facilitated by the doctrine of fair use (as codified in the United States Copyright Act 1976, section 107). The majority of copyright laws contain “fair” exceptions to claims of infringement, but fair use is characterised by a flexible, open-ended approach that allows the law to flex with the times. Until recently the defence was unique to the U.S., but on 2 January Israel amended its copyright laws to include a fair use defence. (For an overview of the new Israeli fair use exception, see Efroni.) Despite its flexibility, fair use has been systematically eroded by ever encroaching copyrights. This paper argues that copyright enforcement has spun out of control and the raison d’être of the law has shifted from being “an engine of free expression” (Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539, 558 (1985)) towards a “legal regime for intellectual property that increasingly looks like the law of real property, or more properly an idealized construct of that law, one in which courts seeks out and punish virtually any use of an intellectual property right by another” (Lemley 1032). Although the copyright landscape appears bleak, two recent cases suggest that fair use has not fallen by the wayside and may well recover. This paper situates fair use as an essential legal and cultural mechanism for optimising creative expression.A Brief History of CopyrightThe law of copyright extends back to eighteenth century England when the Statute of Anne (1710) was enacted. Whilst the length of this paper precludes an in depth analysis of the law and its export to the U.S., it is important to stress the goals of copyright. “Copyright in the American tradition was not meant to be a “property right” as the public generally understands property. It was originally a narrow federal policy that granted a limited trade monopoly in exchange for universal use and access” (Vaidhyanathan 11). Copyright was designed as a right limited in scope and duration to ensure that culturally important creative works were not the victims of monopolies and were free (as later mandated in the U.S. Constitution) “to promote the progress.” During the 18th century English copyright discourse Lord Camden warned against propertarian approaches lest “all our learning will be locked up in the hands of the Tonsons and the Lintons of the age, who will set what price upon it their avarice chooses to demand, till the public become as much their slaves, as their own hackney compilers are” (Donaldson v. Becket 17 Cobbett Parliamentary History, col. 1000). Camden’s sentiments found favour in subsequent years with members of the North American judiciary reiterating that copyright was a limited right in the interests of society—the law’s primary beneficiary (see for example, Wheaton v. Peters 33 US 591 [1834]; Fox Film Corporation v. Doyal 286 US 123 [1932]; US v. Paramount Pictures 334 US 131 [1948]; Mazer v. Stein 347 US 201, 219 [1954]; Twentieth Century Music Corp. v. Aitken 422 U.S. 151 [1975]; Aronson v. Quick Point Pencil Co. 440 US 257 [1979]; Dowling v. United States 473 US 207 [1985]; Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539 [1985]; Luther R. Campbell a.k.a. Luke Skyywalker, et al. v. Acuff-Rose Music, Inc. 510 U.S 569 [1994]). Putting the “Fair” in Fair UseIn Folsom v. Marsh 9 F. Cas. 342 (C.C.D. Mass. 1841) (No. 4,901) Justice Storey formulated the modern shape of fair use from a wealth of case law extending back to 1740 and across the Atlantic. Over the course of one hundred years the English judiciary developed a relatively cohesive set of principles governing the use of a first author’s work by a subsequent author without consent. Storey’s synthesis of these principles proved so comprehensive that later English courts would look to his decision for guidance (Scott v. Stanford L.R. 3 Eq. 718, 722 (1867)). Patry explains fair use as integral to the social utility of copyright to “encourage. . . learned men to compose and write useful books” by allowing a second author to use, under certain circumstances, a portion of a prior author’s work, where the second author would himself produce a work promoting the goals of copyright (Patry 4-5).Fair use is a safety valve on copyright law to prevent oppressive monopolies, but some scholars suggest that fair use is less a defence and more a right that subordinates copyrights. Lange and Lange Anderson argue that the doctrine is not fundamentally about copyright or a system of property, but is rather concerned with the recognition of the public domain and its preservation from the ever encroaching advances of copyright (2001). Fair use should not be understood as subordinate to the exclusive rights of copyright owners. Rather, as Lange and Lange Anderson claim, the doctrine should stand in the superior position: the complete spectrum of ownership through copyright can only be determined pursuant to a consideration of what is required by fair use (Lange and Lange Anderson 19). The language of section 107 suggests that fair use is not subordinate to the bundle of rights enjoyed by copyright ownership: “Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work . . . is not an infringement of copyright” (Copyright Act 1976, s.107). Fair use is not merely about the marketplace for copyright works; it is concerned with what Weinreb refers to as “a community’s established practices and understandings” (1151-2). This argument boldly suggests that judicial application of fair use has consistently erred through subordinating the doctrine to copyright and considering simply the effect of the appropriation on the market place for the original work.The emphasis on economic factors has led courts to sympathise with copyright owners leading to a propertarian or Blackstonian approach to copyright (Collins; Travis) propagating the myth that any use of copyrighted materials must be licensed. Law and media reports alike are potted with examples. For example, in Bridgeport Music, Inc., et al v. Dimension Films et al 383 F. 3d 400 (6th Cir. 2004) a Sixth Circuit Court of Appeals held that the transformative use of a three-note guitar sample infringed copyrights and that musicians must obtain licence from copyright owners for every appropriated audio fragment regardless of duration or recognisability. Similarly, in 2006 Christopher Knight self-produced a one-minute television advertisement to support his campaign to be elected to the board of education for Rockingham County, North Carolina. As a fan of Star Wars, Knight used a makeshift Death Star and lightsaber in his clip, capitalising on the imagery of the Jedi Knight opposing the oppressive regime of the Empire to protect the people. According to an interview in The Register the advertisement was well received by local audiences prompting Knight to upload it to his YouTube channel. Several months later, Knight’s clip appeared on Web Junk 2.0, a cable show broadcast by VH1, a channel owned by media conglomerate Viacom. Although his permission was not sought, Knight was pleased with the exposure, after all “how often does a local school board ad wind up on VH1?” (Metz). Uploading the segment of Web Junk 2.0 featuring the advertisement to YouTube, however, led Viacom to quickly issue a take-down notice citing copyright infringement. Knight expressed his confusion at the apparent unfairness of the situation: “Viacom says that I can’t use my clip showing my commercial, claiming copy infringement? As we say in the South, that’s ass-backwards” (Metz).The current state of copyright law is, as Patry says, “depressing”:We are well past the healthy dose stage and into the serious illness stage ... things are getting worse, not better. Copyright law has abandoned its reason for being: to encourage learning and the creation of new works. Instead, its principal functions now are to preserve existing failed business models, to suppress new business models and technologies, and to obtain, if possible, enormous windfall profits from activity that not only causes no harm, but which is beneficial to copyright owners. Like Humpty-Dumpty, the copyright law we used to know can never be put back together.The erosion of fair use by encroaching private interests represented by copyrights has led to strong critiques leveled at the judiciary and legislators by Lessig, McLeod and Vaidhyanathan. “Free culture” proponents warn that an overly strict copyright regime unbalanced by an equally prevalent fair use doctrine is dangerous to creativity, innovation, culture and democracy. After all, “few, if any, things ... are strictly original throughout. Every book in literature, science and art, borrows, and must necessarily borrow, and use much which was well known and used before. No man creates a new language for himself, at least if he be a wise man, in writing a book. He contents himself with the use of language already known and used and understood by others” (Emerson v. Davis, 8 F. Cas. 615, 619 (No. 4,436) (CCD Mass. 1845), qted in Campbell v. Acuff-Rose, 62 U.S.L.W. at 4171 (1994)). The rise of the Web 2.0 phase with its emphasis on end-user created content has led to an unrelenting wave of creativity, and much of it incorporates or “mashes up” copyright material. As Negativland observes, free appropriation is “inevitable when a population bombarded with electronic media meets the hardware [and software] that encourages them to capture it” and creatively express themselves through appropriated media forms (251). The current state of copyright and fair use is bleak, but not beyond recovery. Two recent cases suggest a resurgence of the ideology underpinning the doctrine of fair use and the role played by copyright.Let’s Go CrazyIn “Let’s Go Crazy #1” on YouTube, Holden Lenz (then eighteen months old) is caught bopping to a barely recognizable recording of Prince’s “Let’s Go Crazy” in his mother’s Pennsylvanian kitchen. The twenty-nine second long video was viewed a mere twenty-eight times by family and friends before Stephanie Lenz received an email from YouTube informing her of its compliance with a Digital Millennium Copyright Act (DMCA) take-down notice issued by Universal, copyright owners of Prince’s recording (McDonald). Lenz has since filed a counterclaim against Universal and YouTube has reinstated the video. Ironically, the media exposure surrounding Lenz’s situation has led to the video being viewed 633,560 times at the time of writing. Comments associated with the video indicate a less than reverential opinion of Prince and Universal and support the fairness of using the song. On 8 Aug. 2008 a Californian District Court denied Universal’s motion to dismiss Lenz’s counterclaim. The question at the centre of the court judgment was whether copyright owners should consider “the fair use doctrine in formulating a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” The court ultimately found in favour of Lenz and also reaffirmed the position of fair use in relation to copyright. Universal rested its argument on two key points. First, that copyright owners cannot be expected to consider fair use prior to issuing takedown notices because fair use is a defence, invoked after the act rather than a use authorized by the copyright owner or the law. Second, because the DMCA does not mention fair use, then there should be no requirement to consider it, or at the very least, it should not be considered until it is raised in legal defence.In rejecting both arguments the court accepted Lenz’s argument that fair use is an authorised use of copyrighted materials because the doctrine of fair use is embedded into the Copyright Act 1976. The court substantiated the point by emphasising the language of section 107. Although fair use is absent from the DMCA, the court reiterated that it is part of the Copyright Act and that “notwithstanding the provisions of sections 106 and 106A” a fair use “is not an infringement of copyright” (s.107, Copyright Act 1976). Overzealous rights holders frequently abuse the DMCA as a means to quash all use of copyrighted materials without considering fair use. This decision reaffirms that fair use “should not be considered a bizarre, occasionally tolerated departure from the grand conception of the copyright design” but something that it is integral to the constitution of copyright law and essential in ensuring that copyright’s goals can be fulfilled (Leval 1100). Unlicensed musical sampling has never fared well in the courtroom. Three decades of rejection and admonishment by judges culminated in Bridgeport Music, Inc., et al v. Dimension Films et al 383 F. 3d 400 (6th Cir. 2004): “Get a license or do not sample. We do not see this stifling creativity in any significant way” was the ruling on an action brought against an unlicensed use of a three-note guitar sample under section 114, an audio piracy provision. The Bridgeport decision sounded a death knell for unlicensed sampling, ensuring that only artists with sufficient capital to pay the piper could legitimately be creative with the wealth of recorded music available. The cost of licensing samples can often outweigh the creative merit of the act itself as discussed by McLeod (86) and Beaujon (25). In August 2008 the Supreme Court of New York heard EMI v. Premise Media in which EMI sought an injunction against an unlicensed fifteen second excerpt of John Lennon’s “Imagine” featured in Expelled: No Intelligence Allowed, a controversial documentary canvassing alleged chilling of intelligent design proponents in academic circles. (The family of John Lennon and EMI had previously failed to persuade a Manhattan federal court in a similar action.) The court upheld Premise Media’s arguments for fair use and rejected the Bridgeport approach on which EMI had rested its entire complaint. Justice Lowe criticised the Bridgeport court for its failure to examine the legislative intent of section 114 suggesting that courts should look to the black letter of the law rather than blindly accept propertarian arguments. This decision is of particular importance because it establishes that fair use applies to unlicensed use of sound recordings and re-establishes de minimis use.ConclusionThis paper was partly inspired by the final entry on eminent copyright scholar William Patry’s personal copyright law blog (1 Aug. 2008). A copyright lawyer for over 25 years, Patry articulated his belief that copyright law has swung too far away from its initial objectives and that balance could never be restored. The two cases presented in this paper demonstrate that fair use – and therefore balance – can be recovered in copyright. The federal Supreme Court and lower courts have stressed that copyright was intended to promote creativity and have upheld the fair doctrine, but in order for the balance to exist in copyright law, cases must come before the courts; copyright myth must be challenged. As McLeod states, “the real-world problems occur when institutions that actually have the resources to defend themselves against unwarranted or frivolous lawsuits choose to take the safe route, thus eroding fair use”(146-7). ReferencesBeaujon, Andrew. “It’s Not the Beat, It’s the Mocean.” CMJ New Music Monthly. April 1999.Collins, Steve. “Good Copy, Bad Copy: Covers, Sampling and Copyright.” M/C Journal 8.3 (2005). 26 Aug. 2008 ‹http://journal.media-culture.org.au/0507/02-collins.php›.———. “‘Property Talk’ and the Revival of Blackstonian Copyright.” M/C Journal 9.4 (2006). 26 Aug. 2008 ‹http://journal.media-culture.org.au/0609/5-collins.php›.Donaldson v. Becket 17 Cobbett Parliamentary History, col. 953.Efroni, Zohar. “Israel’s Fair Use.” The Center for Internet and Society (2008). 26 Aug. 2008 ‹http://cyberlaw.stanford.edu/node/5670›.Lange, David, and Jennifer Lange Anderson. “Copyright, Fair Use and Transformative Critical Appropriation.” Conference on the Public Domain, Duke Law School. 2001. 26 Aug. 2008 ‹http://www.law.duke.edu/pd/papers/langeand.pdf›.Lemley, Mark. “Property, Intellectual Property, and Free Riding.” Texas Law Review 83 (2005): 1031.Lessig, Lawrence. The Future of Ideas. New York: Random House, 2001.———. Free Culture. New York: Penguin, 2004.Leval, Pierre. “Toward a Fair Use Standard.” Harvard Law Review 103 (1990): 1105.McDonald, Heather. “Holden Lenz, 18 Months, versus Prince and Universal Music Group.” About.com: Music Careers 2007. 26 Aug. 2008 ‹http://musicians.about.com/b/2007/10/27/holden-lenz-18-months-versus-prince-and-universal-music-group.htm›.McLeod, Kembrew. “How Copyright Law Changed Hip Hop: An interview with Public Enemy’s Chuck D and Hank Shocklee.” Stay Free 2002. 26 Aug. 2008 ‹http://www.stayfreemagazine.org/archives/20/public_enemy.html›.———. Freedom of Expression: Overzealous Copyright Bozos and Other Enemies of Creativity. United States: Doubleday, 2005.McLuhan, Marshall, and Barrington Nevitt. Take Today: The Executive as Dropout. Ontario: Longman Canada, 1972.Metz, Cade. “Viacom Slaps YouTuber for Behaving like Viacom.” The Register 2007. 26 Aug. 2008 ‹http://www.theregister.co.uk/2007/08/30/viacom_slaps_pol/›.Negativland, ed. Fair Use: The Story of the Letter U and the Numeral 2. Concord: Seeland, 1995.Patry, William. The Fair Use Privilege in Copyright Law. Washington DC: Bureau of National Affairs, 1985.———. “End of the Blog.” The Patry Copyright Blog. 1 Aug. 2008. 27 Aug. 2008 ‹http://williampatry.blogspot.com/2008/08/end-of-blog.html›.Tapscott, Don. The Digital Economy: Promise and Peril in the Age of Networked Intelligence. New York: McGraw Hill, 1996.Toffler, Alvin. The Third Wave. London, Glasgow, Sydney, Auckland. Toronto, Johannesburg: William Collins, 1980.Travis, Hannibal. “Pirates of the Information Infrastructure: Blackstonian Copyright and the First Amendment.” Berkeley Technology Law Journal, Vol. 15 (2000), No. 777.Vaidhyanathan, Siva. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York; London: New York UP, 2003.
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44

Collins, Steve. "‘Property Talk’ and the Revival of Blackstonian Copyright." M/C Journal 9, no. 4 (September 1, 2006). http://dx.doi.org/10.5204/mcj.2649.

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Proponents of the free culture movement argue that contemporary, “over-zealous” copyright laws have an adverse affect on the freedoms of consumers and creators to make use of copyrighted materials. Lessig, McLeod, Vaidhyanathan, Demers, and Coombe, to name but a few, detail instances where creativity and consumer use have been hindered by copyright laws. The “intellectual land-grab” (Boyle, “Politics” 94), instigated by the increasing value of intangibles in the information age, has forced copyright owners to seek maximal protection for copyrighted materials. A propertarian approach seeks to imbue copyrighted materials with the same inalienable rights as real property, yet copyright is not a property right, because “the copyright owner … holds no ordinary chattel” (Dowling v. United States 473 US 207, 216 [1985]). A fundamental difference resides in the exclusivity of use: “If you eat my apple, then I cannot” but “if you “take” my idea, I still have it. If I tell you an idea, you have not deprived me of it. An unavoidable feature of intellectual property is that its consumption is non-rivalrous” (Lessig, Code 131). It is, as James Boyle notes, “different” to real property (Shamans 174). Vaidhyanathan observes, “copyright in the American tradition was not meant to be a “property right” as the public generally understands property. It was originally a narrow federal policy that granted a limited trade monopoly in exchange for universal use and access” (11). This paper explores the ways in which “property talk” has infiltrated copyright discourse and endangered the utility of the law in fostering free and diverse forms of creative expression. The possessiveness and exclusion that accompany “property talk” are difficult to reconcile with the utilitarian foundations of copyright. Transformative uses of copyrighted materials such as mashing, sampling and appropriative art are incompatible with a propertarian approach, subjecting freedom of creativity to arbitary licensing fees that often extend beyond the budget of creators (Collins). “Property talk” risks making transformative works an elitist form of creativity, available only to those with the financial resources necessary to meet the demands for licences. There is a wealth of decisions throughout American and English case law that sustain Vaidhyanathan’s argument (see for example, Donaldson v. Becket 17 Cobbett Parliamentary History, col. 953; Wheaton v. Peters 33 US 591 [1834]; Fox Film Corporation v. Doyal 286 US 123 [1932]; US v. Paramount Pictures 334 US 131 [1948]; Mazer v. Stein 347 US 201, 219 [1954]; Twentieth Century Music Corp. v. Aitken 422 U.S. 151 [1975]; Aronson v. Quick Point Pencil Co. 440 US 257 [1979]; Dowling v. United States 473 US 207 [1985]; Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539 [1985]; Luther R. Campbell a.k.a. Luke Skyywalker, et al. v. Acuff-Rose Music, Inc. 510 U.S 569 [1994].). As Lemley states, however, “Congress, the courts and commentators increasingly treat intellectual property as simply a species of real property rather than as a unique form of legal protection designed to deal with public goods problems” (1-2). Although section 106 of the Copyright Act 1976 grants exclusive rights, sections 107 to 112 provide freedoms beyond the control of the copyright owner, undermining the exclusivity of s.106. Australian law similarly grants exceptions to the exclusive rights granted in section 31. Exclusivity was a principal objective of the eighteenth century Stationers’ argument for a literary property right. Sir William Blackstone, largely responsible for many Anglo-American concepts concerning the construction of property law, defined property in absolutist terms as “that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the whole universe” (2). On the topic of reprints he staunchly argued an author “has clearly a right to dispose of that identical work as he pleases, and any attempt to take it from him, or vary the disposition he has made of it, is an invasion of his right of property” (405-6). Blackstonian copyright advanced an exclusive and perpetual property right. Blackstone’s interpretation of Lockean property theory argued for a copyright that extended beyond the author’s expression and encompassed the very “style” and “sentiments” held therein. (Tonson v. Collins [1760] 96 ER 189.) According to Locke, every Man has a Property in his own Person . . . The Labour of his Body and the Work of his hands, we may say, are properly his. Whatsoever then he removes out of the State that Nature hath provided and left it in, he hath mixed his Labour with, and joyned to it something that is his own, and thereby makes it his Property. (287-8) Blackstone’s inventive interpretation of Locke “analogised ideas, thoughts, and opinions with tangible objects to which title may be taken by occupancy under English common law” (Travis 783). Locke’s labour theory, however, is not easily applied to intangibles because occupancy or use is non-rivalrous. The appropriate extent of an author’s proprietary right in a work led Locke himself to a philosophical impasse (Bowrey 324). Although Blackstonian copyright was suppressed by the House of Lords in the eighteenth century (Donaldson v. Becket [1774] 17 Cobbett Parliamentary History, col. 953) and by the Supreme Court sixty years later (Wheaton v. Peters 33 US 591 [1834]), it has never wholly vacated copyright discourse. “Property talk” is undesirable in copyright discourse because it implicates totalitarian notions such as exclusion and inalienable private rights of ownership with no room for freedom of creativity or to use copyrighted materials for non-piracy related purposes. The notion that intellectual property is a species of property akin with real property is circulated by media companies seeking greater control over copyrighted materials, but the extent to which “property talk” has been adopted by the courts and scholars is troubling. Lemley (3-5) and Bell speculate whether the term “intellectual property” carries any responsibility for the propertisation of intangibles. A survey of federal court decisions between 1943 and 2003 reveals an exponential increase in the usage of the term. As noted by Samuelson (398) and Cohen (379), within the spheres of industry, culture, law, and politics the word “property” implies a broader scope of rights than those associated with a grant of limited monopoly. Music United claims “unauthorized reproduction and distribution of copyrighted music is JUST AS ILLEGAL AS SHOPLIFTING A CD”. James Brown argues sampling from his records is tantamount to theft: “Anything they take off my record is mine . . . Can I take a button off your shirt and put it on mine? Can I take a toenail off your foot – is that all right with you?” (Miller 1). Equating unauthorised copying with theft seeks to socially demonise activities occurring outside of the permission culture currently being fostered by inventive interpretations of the law. Increasing propagation of copyright as the personal property of the creator and/or copyright owner is instrumental in efforts to secure further legislative or judicial protection: Since 1909, courts and corporations have exploited public concern for rewarding established authors by steadily limiting the rights of readers, consumers, and emerging artists. All along, the author was deployed as a straw man in the debate. The unrewarded authorial genius was used as a rhetorical distraction that appealed to the American romantic individualism. (Vaidhyanathan 11) The “unrewarded authorial genius” was certainly tactically deployed in the eighteenth century in order to generate sympathy in pleas for further protection (Feather 71). Supporting the RIAA, artists including Britney Spears ask “Would you go into a CD store and steal a CD? It’s the same thing – people going into the computers and logging on and stealing our music”. The presence of a notable celebrity claiming file-sharing is equivalent to stealing their personal property is a more publicly acceptable spin on the major labels’ attempts to maintain a monopoly over music distribution. In 1997, Congress enacted the No Electronic Theft Act which extended copyright protection into the digital realm and introduced stricter penalties for electronic reproduction. The use of “theft” in the title clearly aligns the statute with a propertarian portrayal of intangibles. Most movie fans will have witnessed anti-piracy propaganda in the cinema and on DVDs. Analogies between stealing a bag and downloading movies blur fundamental distinctions in the rivalrous/non-rivalrous nature of tangibles and intangibles (Lessig Code, 131). Of critical significance is the infiltration of “property talk” into the courtrooms. In 1990 Judge Frank Easterbrook wrote: Patents give a right to exclude, just as the law of trespass does with real property … Old rhetoric about intellectual property equating to monopoly seemed to have vanished, replaced by a recognition that a right to exclude in intellectual property is no different in principle from the right to exclude in physical property … Except in the rarest case, we should treat intellectual and physical property identically in the law – which is where the broader currents are taking us. (109, 112, 118) Although Easterbrook refers to patents, his endorsement of “property talk” is cause for concern given the similarity with which patents and copyrights have been historically treated (Ou 41). In Grand Upright v. Warner Bros. Judge Kevin Duffy commenced his judgment with the admonishment “Thou shalt not steal”. Similarly, in Jarvis v. A&M Records the court stated “there can be no more brazen stealing of music than digital sampling”. This move towards a propertarian approach is misguided. It runs contrary to the utilitarian principles underpinning copyright ideology and marginalises freedoms protected by the fair use doctrine, hence Justice Blackman’s warning that “interference with copyright does not easily equate with” interference with real property (Dowling v. United States 473 US 207, 216 [1985]). The framing of copyright in terms of real property privileges private monopoly over, and to the detriment of, the public interest in free and diverse creativity as well as freedoms of personal use. It is paramount that when dealing with copyright cases, the courts remain aware that their decisions involve not pure economic regulation, but regulation of expression, and what may count as rational where economic regulation is at issue is not necessarily rational where we focus on expression – in a Nation constitutionally dedicated to the free dissemination of speech, information, learning and culture. (Eldred v. Ashcroft 537 US 186 [2003] [J. Breyer dissenting]). Copyright is the prize in a contest of property vs. policy. As Justice Blackman observed, an infringer invades a statutorily defined province guaranteed to the copyright holder alone. But he does not assume physical control over the copyright; nor does he wholly deprive its owner of its use. While one may colloquially link infringement with some general notion of wrongful appropriation, infringement plainly implicates a more complex set of property interests than does run-of-the-mill theft, conversion, or fraud. (Dowling v. United States 473 US 207, 217-218 [1985]). Copyright policy places a great deal of control and cultural determinism in the hands of the creative industries. Without balance, oppressive monopolies form on the back of rights granted for the welfare of society in general. If a society wants to be independent and rich in diverse forms of cultural production and free expression, then the courts cannot continue to apply the law from within a propertarian paradigm. The question of whether culture should be determined by control or freedom in the interests of a free society is one that rapidly requires close attention – “it’s no longer a philosophical question but a practical one”. References Bayat, Asef. “Un-Civil Society: The Politics of the ‘Informal People.’” Third World Quarterly 18.1 (1997): 53-72. Bell, T. W. “Author’s Welfare: Copyright as a Statutory Mechanism for Redistributing Rights.” Brooklyn Law Review 69 (2003): 229. Blackstone, W. Commentaries on the Laws of England: Volume II. New York: Garland Publishing, 1978. (Reprint of 1783 edition.) Boyle, J. Shamans, Software, and Spleens: Law and the Construction of the Information Society. Cambridge: Harvard UP, 1996. Boyle, J. “A Politics of Intellectual Property: Environmentalism for the Net?” Duke Law Journal 47 (1997): 87. Bowrey, K. “Who’s Writing Copyright’s History?” European Intellectual Property Review 18.6 (1996): 322. Cohen, J. “Overcoming Property: Does Copyright Trump Privacy?” University of Illinois Journal of Law, Technology & Policy 375 (2002). Collins, S. “Good Copy, Bad Copy.” (2005) M/C Journal 8.3 (2006). http://journal.media-culture.org.au/0507/02-collins.php>. Coombe, R. The Cultural Life of Intellectual Properties. Durham: Duke University Press, 1998. Demers, J. Steal This Music. Athens, Georgia: U of Georgia P, 2006. Easterbrook, F. H. “Intellectual Property Is Still Property.” (1990) Harvard Journal of Law & Public Policy 13 (1990): 108. Feather, J. Publishing, Piracy and Politics: An Historical Study of Copyright in Britain. London: Mansell, 1994. Lemley, M. “Property, Intellectual Property, and Free Riding.” Texas Law Review 83 (2005): 1031. Lessig, L. Code and Other Laws of Cyberspace. New York: Basic Books, 1999. Lessing, L. The Future of Ideas. New York: Random House, 2001. Lessig, L. Free Culture. New York: The Penguin Press, 2004. Locke, J. Two Treatises of Government. Ed. Peter Laslett. Cambridge, New York, Melbourne: Cambridge University Press, 1988. McLeod, K. “How Copyright Law Changed Hip Hop: An Interview with Public Enemy’s Chuck D and Hank Shocklee.” Stay Free (2002). 14 June 2006 http://www.stayfreemagazine.org/archives/20/public_enemy.html>. McLeod, K. “Confessions of an Intellectual (Property): Danger Mouse, Mickey Mouse, Sonny Bono, and My Long and Winding Path as a Copyright Activist-Academic.” Popular Music & Society 28 (2005): 79. McLeod, K. Freedom of Expression: Overzealous Copyright Bozos and Other Enemies of Creativity. United States: Doubleday Books, 2005. Miller, M.W. “Creativity Furor: High-Tech Alteration of Sights and Sounds Divides the Art World.” Wall Street Journal (1987): 1. Ou, T. “From Wheaton v. Peters to Eldred v. Reno: An Originalist Interpretation of the Copyright Clause.” Berkman Center for Internet & Society (2000). 14 June 2006 http://cyber.law.harvard.edu/openlaw/eldredvashcroft/cyber/OuEldred.pdf>. Samuelson, P. “Information as Property: Do Ruckelshaus and Carpenter Signal a Changing Direction in Intellectual Property Law?” Catholic University Law Review 38 (1989): 365. Travis, H. “Pirates of the Information Infrastructure: Blackstonian Copyright and the First Amendment.” Berkeley Technology Law Journal 15 (2000): 777. Vaidhyanathan, S. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York: New York UP, 2003. Citation reference for this article MLA Style Collins, Steve. "‘Property Talk’ and the Revival of Blackstonian Copyright." M/C Journal 9.4 (2006). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0609/5-collins.php>. APA Style Collins, S. (Sep. 2006) "‘Property Talk’ and the Revival of Blackstonian Copyright," M/C Journal, 9(4). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0609/5-collins.php>.
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45

Chowdhury Wye, Amitavo. "INTRODUCTION OF NEW SHAPED SHIP HULL “Y-HULL”." Design & Operation of Passenger Ships 2019, May 1, 2019. http://dx.doi.org/10.3940/rina.pass.2019.05.

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Y-HULL is the hybrid of Mono-hull and Catamaran which generates reduced wave by the hull and results in low resistance while moving forward, compared to Mono-hull & Catamaran ships. Ship hulls generate significant waves on the river ways which create heavy pitching & rolling motion for small country boats which are used for crossing of rivers by people living in rural parts of third world countries. The invention of Y-HULL also reduces river bank erosion because of its unique shape combining Mono-hull and Catamaran. This hull experiences less resistance which increases efficiency and reduces fuel cost. This combined hull shape is called Y-HULL as the hull buttock-line has a shape of English letter Y at the centre keel position. This Y-Hull ship will significantly reduce accidents of small country boats caused by heavy waves induced by ship’s hull. Y-Hull is patented from Intellectual Property Rights Office of Singapore (IPOS).
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Ibrahim, Sameh Awadalla El-Sayad. "The Role of Social Media in Shaping the Trends of University Youth towards the Requirements of the Knowledge Economy." Journal of Southwest Jiaotong University 56, no. 1 (2021). http://dx.doi.org/10.35741/issn.0258-2724.56.1.34.

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The study aims to identify social media's role in shaping university youth's attitudes towards the knowledge economy's requirements, and the study belongs to the descriptive studies. The study conducted a survey on a sample of 400 individual adolescents by using questionnaire form. The study concluded that social media has contributed to the development of the knowledge economy by being an important source for obtaining information about the knowledge economy, directly contributing to the formation of awareness among individuals, working to raise the level of knowledge economy culture among community members, and working on forming specific trends for the individual towards knowledge economy requirements. The most important participation mechanisms that it undertakes through social media to spread the requirements of the knowledge economy is to interact with pages interested in transmitting news of the knowledge economy, publishing pictures, posts or news related to the knowledge economy in society, commenting on issues related to the knowledge economy. The most important obstacles to the requirements of the knowledge economy through social media are represented in the following: the lack of mechanisms for developing knowledge behaviors among young people, the lack of awareness of the knowledge economy culture in action and content, the lack of proficiency in the use of information and communication technology, the violation of the intellectual property rights of knowledge, the destruction, destruction or theft of electronic websites.
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Phillips, Dougal, and Oliver Watts. "Copyright, Print and Authorship in the Culture Industry." M/C Journal 8, no. 2 (June 1, 2005). http://dx.doi.org/10.5204/mcj.2340.

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Historically the impact of the printing press on Western culture is a truism. Print gave rise to the mass reproduction and circulation of information with wide reaching consequences in all fields: political, social, and economic. An aspect that this paper wishes to focus on is that this moment also saw the birth (and necessity) of copyright legislation, to administer and protect this new found ability to package and disseminate text. The term copyright itself, used freely in debates surrounding contemporary topics such as iTunes, DVD piracy, and file-sharing, is not only semantically anachronistic but, as will be shown, is an anachronistic problem. The history that it carries, through almost three hundred years, underscores the difficulties at the heart of copyright in the contemporary scene. Indeed the reliance on copyright in these debates creates an argument based on circular definitions relating to only the statutory conception of cultural rights. No avenue is really left to imagine a space outside its jurisdiction. This paper asserts that notions of the “culture industry” (as opposed to some other conception of culture) are also inherently connected to the some three hundred years of copyright legislation. Our conceptions of the author and of intellectual pursuits as property can also be traced within this relatively small period. As clarified by Lord Chief Baron Pollock in the English courts in 1854, “copyright is altogether an artificial right” that does not apply at common law and relies wholly on statute (Jeffreys v Boosey). Foucault (124-42) highlights, in his attack on Romantic notions of the author-genius-God, that the author-function is expressed primarily as a legal term, through the legal concepts of censorship and copyright. Copyright, then, pays little attention to non-economic interests of the author and is used primarily to further economic interests. The corporate nature of the culture industry at present amounts to the successful application of copyright legislation in the past. This paper suggests that we look at our conception of literary and artistic work as separate from copyright’s own definitions of intellectual property and the commercialisation of culture. From Hogarth to File-Sharing The case of ‘DVD Jon’ is instructive. In 1999, Jon Lech Johansen, a Norwegian programmer, drew the ire of Hollywood by breaking the encryption code for DVDs (in a program called DeCSS). More recently, he has devised a program to circumvent the anti-piracy system for Apple’s iTunes music download service. With this program, called PyMusique, users still have to pay for the songs, but once these are paid for, users can use the songs on all operating systems and with no limits on copying, transfers or burning. Johansen, who publishes his wares on his blog entitled So Sue Me, was in fact sued in 1999 by the Motion Picture Association of America (MPAA) for copyright infringement. He argued that he created DeCSS as part of developing a DVD player for his Linux operating system, and that copying DVD movies was an ancillary function of the program for which he could not be held responsible. He was acquitted by an Oslo district court in early 2003 and again by an appeals court later that year. During this time many people on the internet found novel ways to publish the DeCSS code so as to avoid prosecution, including many different code encryptions incorporated into jpeg images (including the trademarked DVD logo, owned by DVD LLC) and mpeg movies, as an online MUD game scenario, and even produced in the form of a haiku (“42 Ways to Distribute DeCSS”). The ability to publish the code in a format not readily prosecutable owes less to encryption and clandestine messages than it does to anachronistic laws regarding the wholly legal right to original formats. Prior to 1709, copyright or licensing related to the book publishing industry where the work as formatted, pressed and disseminated was more important to protect than the text itself or the concept of the author as the writer of the text. Even today different copyrights may be held over the different formatting of the same text. The ability for hackers to attack the copyright legislation through its inherent anachronism is more than smart lawyering or a neat joke. These attacks, based on file sharing and the morphing fluid forms of information (rather than contained text, printed, broadcast, or expressed through form in general), amount to a real breach in copyright’s capability to administer and protect information. That the corporations are so excited and scared of these new technologies of dissemination should come as no surprise. It should also not be seen, as some commentators wish to, as a completely new approach to the dissemination of culture. If copyright was originally intended to protect the rights of the publisher, the passing of the Act of Anne in 1709 introduced two new concepts – an author being the owner of copyright, and the principle of a fixed term of protection for published works. In 1734, William Hogarth, wanting to ensure profits would flow from his widely disseminated prints (which attracted many pirate copies), fought to have these protections extended to visual works. What is notable about all this is that in 1734 the concept of copyright both in literary and artistic works applied only to published or reproduced works. It would be over one hundred years later, in the Romantic period, that a broader protection to all artworks would be available (for example, paintings, sculpture, etc). Born primarily out of guild systems, the socio-political aspect of protection, although with a passing nod to the author, was primarily a commercial concern. These days the statute has muddied its primary purpose; commercial interest is conflated and confused with the moral rights of the author (which, it might be added, although first asserted in the International Berne Convention of 1886 were only ratified in Australia in December 2000). For instance, in a case such as Sony Entertainment (Australia) Ltd v Smith (2005), both parties in fact want the protection of copyright. On one day the DJ in question (Pee Wee Ferris) might be advertising himself through his DJ name as an appropriative, sampling artist-author, while at the same time, we might assume, wishing to protect his own rights as a recording artist. Alternatively, the authors of the various DeCSS code works want both the free flow of information which then results in a possible free flow of media content. Naturally, this does not sit well with the current lords of copyright: the corporations. The new open-source author works contrary to all copyright. Freed Slaves The model of the open source author is not without precedent. Historically, prior to copyright and the culture industry, this approach to authorship was the norm. The Roman poet Martial, known for his wit and gifts of poetry, wrote I commend to you, Quintianus, my little books – if I can call them mine when your poet recites them: if they complain of their harsh servitude, you should come forward as their champion and give your guarantees; and when he calls himself their master you should say they are mine and have been granted their freedom. If you shout this out three or four times, you will make their kidnapper (plagiario) feel ashamed of himself. Here of course the cultural producer is a landed aristocrat (a situation common to early Western poets such as Chaucer, Spencer and More). The poem, or work, exists in the economy of the gift. The author-function here is also not the same as in modern times but was based on the advantages of reputation and celebrity within the Roman court. Similarly other texts such as stories, songs and music were circulated, prior to print, in a primarily oral economy. Later, with the rise of the professional guild system in late medieval times, the patronage system did indeed pay artists, sometimes royal sums. However, this bursary was not so much for the work than for upkeep as members of the household holding a particular skill. The commercial aspect of the author as owner only became fully realised with the rise of the middle classes in the eighteenth and nineteenth century and led to the global adoption of the copyright regime as the culture industry’s sanction. Added to this, the author is now overwhelmingly a corporation, not an individual, which has expanded the utilisation of these statutes for commercial advantage to, perhaps, an unforeseen degree. To understand the file-sharing period, which we are now entering at full speed, we cannot be confused by notions found in the copyright acts; definitions based on copyright cannot adequately express a culture without commercial concerns. Perhaps the discussion needs to return to concepts that predate copyright, before the author-function (as suggested by Foucault) and before the notion of intellectual property. That we have returned to a gift economy for cultural products is easily understood in the context of file-sharing. But what of the author? Here the figure of the hacker suggests a movement towards such an archaic model where the author’s remuneration comes in the form of celebrity, or a reputation as an exciting innovator. Another model, which is perhaps more likely, is an understanding that certain material disseminated will be sold and administered under copyright for profit and that the excess will be quickly and efficiently disseminated with no profit and with no overall duration of protection. Such an amalgamated approach is exemplified by Radiohead’s Kid A album, which, although available for free downloads, was still profitable because the (anachronistic) printed version, with its cover and artwork, still sold by the millions. Perhaps cultural works, the slaves of the author-corporation, should be granted their freedom: freedom from servitude to a commercial master, freedom to be re-told rather than re-sold, with due attribution to the author the only payment. This is a Utopian idea perhaps, but no less a fantasy than the idea that the laws of copyright, born of the printing press, can evolve to match the economy today that they purport to control. When thinking about ownership and authorship today, it must be recalled that copyright itself has a history of useful fictions. References Michel Foucault; “What Is an Author?” Twentieth-Century Literary Theory. Eds. Vassilis Lambropoulos and David Neal Miller. Albany: State UP of New York, 1987. 124-42. “42 Ways to Distribute DeCSS.” 5 Jun. 2005 http://decss.zoy.org/>. Jeffreys v Boosey, 1854. Johansen, Jon Lech. So Sue Me. 5 Jun. 2005 http://www.nanocrew.net/blog/>. Citation reference for this article MLA Style Phillips, Dougal, and Oliver Watts. "Copyright, Print and Authorship in the Culture Industry." M/C Journal 8.2 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0506/06-phillipswatts.php>. APA Style Phillips, D., and O. Watts. (Jun. 2005) "Copyright, Print and Authorship in the Culture Industry," M/C Journal, 8(2). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0506/06-phillipswatts.php>.
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48

Naarding, Karin J., Mariska M. H. P. Janssen, Ruben D. Boon, Paulina J. M. Bank, Robert P. Matthew, Gregorij Kurillo, Jay J. Han, et al. "The Black Box of Technological Outcome Measures: An Example in Duchenne Muscular Dystrophy." Journal of Neuromuscular Diseases, June 11, 2022, 1–15. http://dx.doi.org/10.3233/jnd-210767.

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Background: Background:Outcome measures for non-ambulant Duchenne muscular dystrophy (DMD) patients are limited, with only the Performance of the Upper Limb (PUL) approved as endpoint for clinical trials. Objective: Objective: We assessed four outcome measures based on devices developed for the gaming industry, aiming to overcome disadvantages of observer-dependency and motivation. Methods: Methods:Twenty-two non-ambulant DMD patients (range 8.6–24.1 years) and 14 healthy controls (HC; range 9.5–25.4 years) were studied at baseline and 16 patients at 12 months using Leap Motion to quantify wrist/hand active range of motion (aROM) and a Kinect sensor for reached volume with Ability Captured Through Interactive Video Evaluation (ACTIVE), Functional Workspace (FWS) summed distance to seven upper extremity body points, and trunk compensation (KinectTC). PUL 2.0 was performed in patients only. A stepwise approach assessed quality control, construct validity, reliability, concurrent validity, longitudinal change and patient perception. Results: Results: Leap Motion aROM distinguished patients and HCs for supination, radial deviation and wrist flexion (range p = 0.006 to <0.001). Reliability was low and the manufacturer’s hand model did not match the sensor’s depth images. ACTIVE differed between patients and HCs (p < 0.001), correlated with PUL (rho = 0.76), and decreased over time (p = 0.030) with a standardized response mean (SRM) of –0.61. PUL decreased over time (p < 0.001) with an SRM of –1.28, and was appraised as fun (median 7/10). It was appraised as fun on a 10-point numeric rating scale (median 9/10). FWS summed distance distinguished patients and HCs (p < 0.001), but reliability in patients was insufficient. KinectTC differed between patients and HCs (p < 0.01) and correlated with PUL (rho = –0.69), but did not change over time. Conclusion: Conclusions:Only ACTIVE qualified as potential outcome measure in non-ambulant DMD patients, although the SRM was below the commonly used threshold of 0.8. Lack of insight in technological constraints due to intellectual property and software updates made the technology behind these outcome measures a kind of black box that could jeopardize long-term use in clinical development.
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49

"Motion for Leave to File Brief and Brief of Amicus Curiae, American Intellectual Property Law Association in Illinois Tool Works, Inc. and Trident, Inc. v. Independent Ink, Inc." Biotechnology Law Report 24, no. 5 (October 2005): 691–98. http://dx.doi.org/10.1089/blr.2005.24.691.

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50

Burns, Alex, and Axel Bruns. ""Share" Editorial." M/C Journal 6, no. 2 (April 1, 2003). http://dx.doi.org/10.5204/mcj.2151.

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Does the arrival of the network society mean we are now a culture of collectors, a society of sharers? We mused about these questions while assembling this M/C Journal issue, which has its genesis in a past event of ‘shared’ confusion. Alex Burns booked into Axel Bruns’s hotel room at the 1998 National Young Writer’s Festival (NYWF) in Newcastle. This ‘identity theft’ soon extended to discussion panels and sessions, where some audience members wondered if the NYWF program had typographical errors. We planned, over café latte at Haddon’s Café, to do a co-session at next year’s festival. By then the ‘identity theft’ had spread to online media. We both shared some common interests: the music of Robert Fripp and King Crimson, underground electronica and experimental turntablism, the Internet sites Slashdot and MediaChannel.org, and the creative possibilities of Open Publishing. “If you’re going to use a pseudonym,” a prominent publisher wrote to Alex Burns in 2001, “you could have created a better one than Axel Bruns.” We haven’t yet done our doppelgänger double-act at NYWF but this online collaboration is a beginning. What became clear during the editorial process was that some people and communities were better at sharing than others. Is sharing the answer or the problem: does it open new possibilities for a better, fairer future, or does it destroy existing structures to leave nothing but an uncontrollable mess? The feature article by Graham Meikle elaborates on several themes explored in his insightful book Future Active: Media Activism and the Internet (New York: Routledge, London: Pluto Press, 2002). Meikle’s study of the influential IndyMedia network dissects three ‘compelling founder’s stories’: the Sydney-based Active software team, the tradition of alternative media, and the frenetic energy of ‘DiY culture’. Meikle remarks that each of these ur-myths “highlights an emphasis on access and participation; each stresses new avenues and methods for new people to create news; each shifts the boundary of who gets to speak.” As the IndyMedia movement goes truly global, its autonomous teams are confronting how to be an international brand for Open Publishing, underpinned by a viable Open Source platform. IndyMedia’s encounter with the Founder’s Trap may have its roots in paradigms of intellectual property. What drives Open Source platforms like IndyMedia and Linux, Tom Graves proposes, are collaborative synergies and ‘win-win’ outcomes on a vast and unpredictable scale. Graves outlines how projects like Lawrence Lessig’s Creative Commons and the Free Software Foundation’s ‘GNU Public License’ challenge the Western paradigm of property rights. He believes that Open Source platforms are “a more equitable and sustainable means to manage the tangible and intangible resources of this world we share.” The ‘clash’ between the Western paradigm of property rights and emerging Open Source platforms became manifest in the 1990s through a series of file-sharing wars. Andy Deck surveys how the ‘browser war’ between Microsoft and Netscape escalated into a long-running Department of Justice anti-trust lawsuit. The Motion Picture Association of America targeted DVD hackers, Napster’s attempt to make the ‘Digital Jukebox in the Sky’ a reality was soon derailed by malicious lawsuits, and Time-Warner CEO Gerald Levin depicted pre-merger broadband as ‘the final battleground’ for global media. Whilst Linux and Mozilla hold out promise for a more altruistic future, Deck contemplates, with a reference to George Orwell’s Homage to Catalonia (1938), that Internet producers “must conform to the distribution technologies and content formats favoured by the entertainment and marketing sectors, or else resign themselves to occupying the margins of media activity.” File-sharing, as an innovative way of sharing access to new media, has had social repercussions. Marjorie Kibby reports that “global music sales fell from $41.5 billion in 1995 to $38.5 billion in 1999.” Peer-to-Peer networks like KaZaA, Grokster and Morpheus have surged in consumer popularity while commercial music file subscription services have largely fallen by the wayside. File-sharing has forever changed the norms of music consumption, Kibby argues: it offers consumers “cheap or free, flexibility of formats, immediacy, breadth of choice, connections with artists and other fans, and access to related commodities.” The fragmentation of Australian families into new diversities has co-evolved with the proliferation of digital media. Donell Holloway suggests that the arrival of pay television in Australia has resurrected the ‘house and hearth’ tradition of 1940s radio broadcasts. Internet-based media and games shifted the access of media to individual bedrooms, and changed their spatial and temporal natures. However pay television’s artificial limit of one television set per household reinstated the living room as a family space. It remains to be seen whether or not this ‘bounded’ control will revive family battles, dominance hierarchies and power games. This issue closes with a series of reflections on how the September 11 terrorist attacks transfixed our collective gaze: the ‘sharing’ of media connects to shared responses to media coverage. For Tara Brabazon the intrusive media coverage of September 11 had its precursor in how Great Britain’s media documented the Welsh mining disaster at Aberfan on 20 October 1966. “In the stark grey iconography of September 11,” Brabazon writes, “there was an odd photocopy of Aberfan, but in the negative.” By capturing the death and grief at Aberfan, Brabazon observes, the cameras mounted a scathing critique of industrialisation and the searing legacy of preventable accidents. This verité coverage forces the audience to actively engage with the trauma unfolding on the television screen, and to connect with their own emotions. Or at least that was the promise never explored, because the “Welsh working class community seemed out of time and space in 1960s Britain,” and because political pundits quickly harnessed the disaster for their own electioneering purposes. In the early 1990s a series of ‘humanitarian’ interventions and televised conflicts popularized the ‘CNN Effect’ in media studies circles as a model of how captivated audiences and global media vectors could influence government policies. However the U.S. Government, echoing the coverage of Aberfan, used the ‘CNN Effect’ for counterintelligence and consensus-making purposes. Alex Burns reviews three books on how media coverage of the September 11 carnage re-mapped our ‘virtual geographies’ with disturbing consequences, and how editors and news values were instrumental in this process. U.S. President George W. Bush’s post-September 11 speeches used ‘shared’ meanings and symbols, news values morphed into the language of strategic geography, and risk reportage obliterated the ideal of journalistic objectivity. The deployment of ‘embedded’ journalists during the Second Gulf War (March-April 2003) is the latest development of this unfolding trend. September 11 imagery also revitalized the Holocaust aesthetic and portrayal of J.G. Ballard-style ‘institutionalised disaster areas’. Royce Smith examines why, in the aftermath of the terrorist attacks, macabre photo-manipulations of the last moments became the latest Internet urban legend. Drawing upon the theoretical contributions of Jean Baudrillard, Roland Barthes and others, Smith suggests that these photo-manipulations were a kitsch form of post-traumatic visualisation for some viewers. Others seized on Associated Press wire photos, whose visuals suggested the ‘face of Satan’ in the smoke of the World Trade Center (WTC) ruins, as moral explanations of disruptive events. Imagery of people jumping from the WTC’s North Tower, mostly censored in North America’s press, restored the humanness of the catastrophe and the reality of the viewer’s own mortality. The discovery of surviving artwork in the WTC ruins, notably Rodin’s The Thinker and Fritz Koenig’s The Sphere, have prompted art scholars to resurrect this ‘dead art’ as a memorial to September 11’s victims. Perhaps art has always best outlined the contradictions that are inherent in the sharing of cultural artefacts. Art is part of our, of humanity’s, shared cultural heritage, and is celebrated as speaking to the most fundamental of human qualities, connecting us regardless of the markers of individual identity that may divide us – yet art is also itself dividing us along lines of skill and talent, on the side of art production, and of tastes and interests, on the side of art consumption. Though perhaps intending to share the artist’s vision, some art also commands exorbitant sums of money which buy the privilege of not having to share that vision with others, or (in the case of museums and galleries) to set the parameters – and entry fees – for that sharing. Digital networks have long been promoted as providing the environment for unlimited sharing of art and other content, and for shared, collaborative approaches to the production of that content. It is no surprise that the Internet features prominently in almost all of the articles in this ‘share’ issue of M/C Journal. It has disrupted the existing systems of exchange, but how the pieces will fall remains to be seen. For now, we share with you these reports from the many nodes of the network society – no doubt, more connections will continue to emerge. Citation reference for this article Substitute your date of access for Dn Month Year etc... MLA Style Burns, Alex and Bruns, Axel. ""Share" Editorial" M/C: A Journal of Media and Culture< http://www.media-culture.org.au/0304/01-editorial.php>. APA Style Burns, A. & Bruns, A. (2003, Apr 23). "Share" Editorial. M/C: A Journal of Media and Culture, 6,< http://www.media-culture.org.au/0304/01-editorial.php>
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