Journal articles on the topic 'Prosthesis – Technological innovations – Law and legislation'

The study discusses the elements of technological innovation present in Law 8.666/1993 that can be considered promoters of sustainable development through public procurement. The research aims to identify elements related to “technological innovation” present in Law 8.666/1993, a public administration bidding law in Brazil, in comparison with its elements of “sustainability”, which can be considered propellants of sustainable development. Based on the contribution of the bibliographic references that deal with sustainability and technological innovations, it analyzes the importance of technology in bidding as a promoter of sustainable development. It is an exploratory study; the research is bibliographic, and the method of analysis is documentary, with content analysis. The results show an elevated index of elements regarding “technological innovations” present in the text of the current legal basis, when compared to the number of elements on “sustainable development” present in the same legislation. This study proposes the consideration of technological innovation as a dimension of sustainable development, driven by Law 8.666/1993, in view of the high content of referents to technological innovation present in its text.

The article attempts to consider the impact of this type of innovation results, such as technology, on the domestic criminal law and conclude that the current law is ready for emerging innovations. In the work technological innovations as tools and means of crime are studied. In addition the author investigated the problematic issues of constructing the Criminal Code of the Russian Federation using new concepts related to the development of innovative activity. The author concludes that at present the need has arisen for combining the norms in the field of crimes encroaching on innovative activity into a separate group of norms.

This article examines whether the lack of closure of moral clauses in patent laws, particularly in dealing with the issue of human germline genome editing, causes such clauses to fail to function as a moratorium in countries like Mexico. The hypothesis posed here is that a general, open, moral clause in intellectual property legislation, specifically in patent law, is ineffective when confronted with a foreseeable but strong innovation that alters an area of applied biology such as human germline genome editing. Using the deductive method, this research aims to determine whether countries like Mexico need to provide more specific guidance in their legislation on technological innovations like human germline modification in order to foster an atmosphere of legal certainty. A comparative analysis of the closed morals clause in the European Patent Convention and the open morals clause in Mexico’s intellectual property law confirms this hypothesis. Specifically, the lack of closure of a morals clause in patent law, when confronted with novel and complex technological advances, will likely fail to function as a moratorium.

The basis of this study is the use of elements of an innovative methodology of post-institutional analysis based on the interdisciplinary synthesis, which involves overcoming the monodimensionality, dichotomization and dogmatism of many concepts of orthodox neo-institutionalism. The main idea of this study is to apply an interdisciplinary approach to study the impact of technological modernization on economic entities and identify priority trends taking into account digital transformation of public relations. The assessment of the current problems under study and the conceptual framework of the study were carried out on the basis of studying and rethinking the results of numerous works by European and Russian scientists, as well as the legislation of the Russian Federation. The regulatory framework covers current domestic legislation in the field of civil, business and tax law, which regulates innovative activities. As a result of the conducted research, it is established that innovative activity is managed by a large number of regulations of various industry affiliation, which do not have any systemic connection with each other. The existing terminological intricacy is revealed in innovation legislation. The current legislation, including at the level of the constituent entities of the Russian Federation, does not set the criteria and the indicators of an innovative organization. This serves as a factor that both complicates obtaining state support and hinders the wider introduction of innovations. The mechanisms of stimulating innovative activity provided by the tax legislation are investigated, and their effectiveness is also evaluated. The article proves the need for adoption of a special Federal Law aimed at regulating innovative legal relations. The need to improve the tax legislation is justified in terms of creating a special tax regime for subjects of innovative activity. It is proposed to expand the measures of state support for innovation activity within the subjects in the Russian Federation by introducing the institute of innovation voucher. The role of responsible innovations for sustainable business development in the period of digital transformation of society is defined.

This article explores innovations as objects of civil legal relations and their impact on the contract. The contract is a universal form of regulation of these relations. The analysis of scientific concepts on the objects of legal relations became the basis for the conclusion about the priority of pluralistic approaches to the objects of legal relations in general. Regarding innovation, the article argues for an inexhaustible list of them.The author argues that innovation must be technological in nature. Therefore, goods and services produced by technological innovations cannot be innovations. Products can be innovations if they have new or improved qualities.On the basis of the analysis of special legislation, it is concluded that the characteristics of innovations stipulated therein are of an economic rather than legal nature. However, some of them, such as novelty and practical suitability for improving the industrial, economic or social sphere, are the basis for the formation of legal characteristics of innovations.From the point of law view, innovation is a complex integrated legal concept, which includes several objects of intellectual property rights. It is substantiated that innovations include, first of all, objects of industrial property rights, but not only them. Innovations consist from the objects of intellectual property rights, but differ from them in the moment of their creation. Objects of intellectual property rights acquire these attributes on the basis of receipt of supporting documents or other grounds established by law, while innovations acquire a special status by virtue of confirmation of the fact of their practical introduction into production.

Fundamental changes within a country and at the global level can have contradictory consequences for society. The more areas are affected by changes and the deeper these changes are, the more significant the necessary innovations can be. Considering the scale of digitalization and application of artificial intelligence technologies based on it, it can be concluded that we are dealing with an unprecedented phenomenon that needs to be thoroughly assessed by different experts.Aim. The presented study aims to assess risks associated with the implementation of platform solutions without appropriate legislative initiatives, which, in turn, should facilitate the creation of the platform law institution. Today, legal science assesses risks associated with the legislative regulation of processes and creates conditions for safe and productive interaction with new mechanisms.Tasks. The authors examine current legislation to create conditions for protecting the rights and legitimate interests of legal entities in their interaction with cutting-edge digital solutions and for analyzing the possibility of full-scale application of digital platforms on this basis; estimate the legal risks of applying digital innovations under current conditions.Results. Analytical work has shown that platform solutions are a new technological unit that cannot be fully regulated by existing legal norms due to its technological features. The lack of personalized legal regulation of platforms not only infringes the rights of citizens providing various public and other services using digital technologies, but also creates conditions for the aggravation of the crime situation and the development of new types of crime.Conclusions. The main risks of mass digitalization are considered. The technological features of innovations make it necessary to develop a branch of law that would regulate public relations during interaction with platform solutions and other information technologies. The authors propose a new complex mechanism of legal regulation — platform law, which will make using platforms completely safe and efficient in all sectors of society.

The publication presents the concept and content of the draft law of the Altai Territory, prepared by the team of authors – the draft law of the Altai Territory “On Science, Scientific-Technical Activity and Innovation Activity in the Altai Territory”. The paper notes the urgent need to update the legislation of the Altai Territory on science and innovations as a pillar for technological development and the growth of well-being of residents of the Altai Territory. The structure of the draft law includes general provisions, powers of state authorities of the Altai Territory in the field of science and innovations, measures to support scientific and innovative activities, the status of a scientist and the legal regime of innovation territories. Particular attention in the bill is given to a system of measures to support scientists and especially young scientists to retain talent in the Altai Territory.

It is indicated in the article that emerging information technologies influences human rights norms in any democratic society. Especially, the Internet has changed the traditional approach to methods of ensuring human rights, while adding new challenges at the same time, such as regulating cybersecurity, digital data protection, digital freedom of information, privacy, discrimination in the Internet, etc. The traditional flow of information through newspapers, radio and television is currently combined with new means of exchanging digital information, mobile and satellite communications, the Internet and other technological advances. Of course, these innovations make governments to review traditional human rights legislation to stay fit and updated. Yet, some fundamental norms of national human rights legislation should remain unchangeable. Simply put, it looks like Captain America from the movie “Avengers” – a very old guy who develops his abilities to defeat dangers, but also preserves “old school” strength and leadership skills. In the light of these issues, the present article is devoted to the analysis of the conceptual foundations of national legislation in Azerbaijan on the protection of digital rights in the Internet. The article emphasizes that digital rights themselves are one of the factors demonstrating the strong impact of communication technologies on human rights, especially information rights and freedom of expression.

Employees' right to privacy and employers' extensive need for work-related information collide. The imbalance of authority between employers and employees and the doctrine of managerial prerogative determines the outcome of these competing interests, and therefore the right to privacy requires statutory protection. The study aims to examine the legislative (hard law) and law enforcement (soft law) achievements of European and Hungarian initiatives on organizational labor control mechanisms and to understand their possible limitations concerning the doctrine of managerial prerogative. The research method was a thematic document and literature review of appropriate legislation and case law records from the European Court of Human Rights, the Hungarian Supreme Court, and the Hungarian National Authority for Data Protection and Freedom of Information. The research results confirmed our hypothesis: current legal instruments seem to limit the control mechanisms of organizations, both in terms of content and process. However, rapid technological innovations make employee privacy a moving target, where the law provides only temporary and limited protection.

The new world requirements for a more comprehensive and effective normalization, traceability and inspection of goods for export give rise to changes in production policies. This article is based on the assumption that the efforts by countries and/or companies to overcome non–tariff barriers, established in the guise of norms, standards, or regulations, bring tangible and intangible benefits to society as a whole. This study will lead to the conclusion that there is a close relation between trends in favour of overcoming non–tariff barriers and benefits, to date scarcely explored in debates. Benefits were detected in connection with technological developments, the environment, domestic legislation, combined efforts by trading blocks, managerial innovations, reduced competition, maintenance of competitive advantages and labour relations.

Introduction. The processes of digitalization of business, the introduction of new forms of organization of production and labor are much ahead of the settlement of such innovations in the legal environment. Formulation of the problem. The archaic nature of labor legislation in comparison with the trends of the digital economy gives rise to grounds for reducing the level of information security of the subjects of labor relations. The relevance is due to the imperfection of the normative regulation of the basic principles of information security, the obsolescence of labor legislation, the low level of digital culture of the population of Ukraine, resulting in an urgent need to study the information security of labor law. Goal. The study of ways to modernize the mechanisms of information security of employers and employees, caused by the tendency to combine labor relations with information technology. Methods. Theoretical and general scientific (analysis, synthesis, systematization), empirical method (method of comparison). The main results of the study. International legal regulation is significantly ahead of the development of national legislation on information security. The Ukrainian legislator sees this process as illusory, bypassing the scale of technological development and possible "digital" problems. Increasingly, the work process is moving into cyberspace. This trend has created the conditions for the successful development of digital work platforms. Participants in labor relations in Ukraine need to update the mechanisms of protection against information threats related to the digitalization of activities, as well as the modernization of protection of labor rights of employees. In order to create appropriate working conditions, employers must control the work of workers, but in ways that do not violate their fundamental rights and freedoms. Conclusions. The obligation to ensure privacy must be exercised through a single national regulatory framework. Public authorities are authorized to ensure non-interference in the private life of subjects of labor law. It is necessary to establish mechanisms to protect labor relations participants from information threats at the level of a single mandatory legal act and regulate the status of digital labor platforms to protect intellectual property rights, guarantee payment for work performed, prevent the spread of shadow employment.

This article discusses the concept of technology neutral legislation and its use in EU energy law. For this reason, the applicable EU Directives are assessed in the light of their level of such neutrality. Additionally, the overall desirability and feasibility of technology neutral legislative design is examined and weighed against other legislative goals, in particular the need to foster technological innovations in the energy sector. This assessment is carried out from the perspective that, in order to mitigate climate change, it is essential to come to a legislative system for ecological governance. On the basis of this premise, it is concluded that technology neutrality should not be the prime concern of legislators, but that adaptability and comprehensiveness of the legal framework are more important factors to come to a sustainable energy system.

At the peak of the 4th Industrial Revolution, the legal systems of different countries are trying to adapt the national legal and law enforcement systems of their states to new business areas and technological innovations. One of these areas is Internet business. This type of commerce was practically not regulated in legal and legal terms. The Central Asian countries are systematically trying to update their legal systems, including laws related to e-commerce. The pandemic has accelerated the adoption of laws regulating e-commerce. Since it is impossible to predict when the pandemic will end, there are opinions that we need to learn to live with it. The economic consequences are directly reflected in the banking and financial, manufacturing, services and foreign trade activities of the economies of the Central Asian countries. This article is an overview of the current progress in the field of e-commerce in Central Asia. Since several legal acts were adopted during the period of COVID-19, a generalized overview of the laws on electronic commerce in the era before COVID-19 is analyzed.

Legislation and consumer preference for more sustainability in the food system require farmers to adopt more stringent sustainably measures without sacrificing business profitability. Scientific and technological innovations, such as beneficial soil microbes for in-field application, may help to achieve this goal, but adoption rates have remained slow thus far. The adopter’s perspective is essential to understanding why. This research investigates factors that drive the perceptions of soil microbe solutions across three groups of (potential) adopters as an input to the design of effective communication strategies to accelerate technology diffusion. Factors included in the analyses are relative advantage, compatibility, complexity, trialability, observability and image of applying soil microbes at the farm level. The analysis is based on 28 in-depth qualitative interviews in Germany and the UK, and a focus group discussion in the UK. Data were analysed via content analysis using deductive and inductive processes. Deductive codes were derived from the diffusion of innovations theory. Our results show that soil microbes are still perceived as a challenging product in all three adopter groups, despite the acknowledgement of several advantages and benefits. Predominantly, farmers evaluate the innovation as complex. Furthermore, the observability of the soil microbes was perceived as challenging, which also transfers to the trialability of the innovation. Despite this, in all adopter groups the need for the innovation was recognized.

This article contains an analysis of international, national and labor legislation, respectively, in the field of discrimination on the grounds of age. Recommendations for improving legal regulation and application of practical innovations in this area are analyzed and introduced. Given these trends, the prevalence of discrimination in employment and not only on the basis of age, but also on many other factors, such as gender, social status or mental skills, which for many people this provision seems to some extent natural and correct, has allowed and has become a motivating factor in order to carefully study and pay attention to the factors that have increased the effectiveness of this fight against discrimination, the creation of a separate law enforcement act or regulation that will separately regulate discrimination in employment, as well as the development of certain thematic programs to form ideas and attitudes of people in the working team for different age groups, where additional attention will be paid to youth employment. The study also examines international experience in the attitude and methods of solving problems in the field of age discrimination, not only in the field of labor, but in general. The complexity and prevalence of the phenomenon has caused different views on the issue from both scientists and ours, so the paper defines the general concept of discrimination in the field of labor, assigned personal characteristics and separated by special characteristics from related legal categories, clarified methodological inequalities and imperfections that cause a cause-and-effect relationship with a negative indicator of combating this issue. A comparative research method on discrimination in employment on the basis of age, based on the experience of predecessors, namely the comparison of the then society in the modern technological society, where the problem of technological processes and new information resources is absent. In order to achieve a qualitative analysis of the issue, as the purpose of the work as a whole, special attention was paid to criticism and analysis of innovations in international standards of methodological prohibitions and rules to combat the above topic. The classification of types of non-discrimination in the field of labor, the analysis of the legal regulation of the mechanism of improvement of this problem, the special attention was paid to the detection and prevention of discriminatory manifestations in the field of labor in general.

Introduction. The inevitable of post-registration variations due to the improvement of production processes and quality control related to the integration of the modern technological solutions, replacement of equipment, suppliers of raw, consumables and packaging materials, improvement of form release or composition, administrative changes, as well as obtaining new data on clinical efficacy and safety of immunobiological medicinal products (IMP) during post-marketing studies.Text. The purpose of this work is to analyze the post-registration changes in the life cycle of IMP «Сholera bivalent chemical Vaccine» produced by Russian State anti-plague Research Institute «Microbe», reflecting the harmonization of the documents of the registration dossier with the innovations of the Russian legislation, the optimization of production and quality control. First of all, the changes made to the registration documentation for IMP concerned the updating of the dossier in accordance with the adopted Federal laws and Resolutions of the government of the Russian Federation. The following changes related to the optimization of methods for controlling the limit content of impurities of substances used at different stages of antigen production. Also, the changes were associated with the improvement of consumer properties of the drug, namely the introduction of modern polymer packaging and several drug’s form release, convenient for use in practical health care institutions. The latest change of Pharmacopoeia enterprise article (PEA) R N001465/01-111119 regulates the application of identification means in the form of a two-dimensional bar code (QR-code) on the packaging of medicines, which is due to compliance with the requirements of article 67 «Information on medicines. The system of monitoring the movement of medicines» Federal law N 61 «Оn medicines circulation».Conclusion. Maintaining the required level of quality of IMP when changing production technology or control requires a comprehensive analysis of the proposed changes in order to make them in the documents of the registration dossier. At the same time harmonization of documents of the registration dossier with novelties of the Russian legislation is a necessary condition for implementation of production activity within the legal field.

The management model for the National Solid Waste Policy to develop sustainable actions, proposes the social inclusion of recyclable waste pickers in the waste management system. Compliance with the law, the form of participation of the waste pickers, and incentive mechanisms are configured as a relationship open to analysis. Therefore, the aim of this work was to investigate the potentials and limitations of a recycling cooperative, in terms of social technologies and inclusion, to encourage local development. The qualitative approach was aided by structured questionnaires, semi-structured interviews, and participant observation. The resulting evidence suggests that the organization of a cooperative, enabled access to information on the legislation of the National Solid Waste Policy. It showed the need to strengthen relationships with education institutions and public authorities. Despite the low levels of education of the members of the cooperative, projects and knowledge could be developed to aid social technologies. No technological innovations were observed, nor the production of alternative artifacts for recyclable materials. This weakens the cooperative in terms of articulation among peers, most notably the integration of the Catamare cooperative in the network of Cataparaná, to support the sale of material produced for industry. It may be concluded that joining the cooperative improved the social, economic, and political conditions of the members, but there were also structural limits to the recycling production chain that were not considered in the National Solid Waste Policy; and to a certain extent this weakens the development of sustainable actions. Furthermore, the organization of the cooperative hindered the development of social technologies and the social inclusion of the waste pickers.

Introduction. Russian civil legislation takes into account innovations in information exchange by fixing the concept of digital rights, while giving them an exclusively private legal understanding. The modern doctrine proceeds from the fact that development of digital technologies has also significantly influenced the concept of fundamental human rights. Continuation of this vision is the emergence of digital rights in the public sphere. This actualizes the analysis of their possible limitations in order to counter terrorism. Theoretical analysis. The research reveals the consequences of the transfer of a significant amount of social relations to digital format. At the same time, while the general discourse of discussions stems from the principle of “normative equivalence” between “offline” and “online” (which does not require fundamental changes in law), the experience of the spread of digital technologies shows that it increasingly faces systemic failures. The authors indicate the difficulties with the definition of digital rights and their regulatory consolidation (by analyzing the regulations of the European Union). Empirical analysis. Based on the identified characteristics of digital communications, the paper presents the models for countering terrorist threats in modern cyberspace. The features of the legislative support of the Chinese model of the “Golden Shield”, based on the principles of digital sovereignty (in particular, the Law of the People’s Republic of China “On Data Security”), are shown. The authors highlight the features of imposing restrictions on the right to digital communication for persons suspected of involvement in terrorist activities (in particular, on the basis of the Anti-Terrorism and Border Security Act adopted in 2019 in the UK) and consider other foreign experience in countering terrorist threats in the digital sphere. Results. The necessity of taking into account the technological features of information exchange in the digital space is demonstrated. This has a significant impact on the emergence of new measures to counter terrorism. Foreign experience testifies to the expansion of the list of operational and search measures, the list of elements of crimes of a terrorist nature.

The article defines the concept of “electronic service”, analyzes the normative and doctrinal approaches to the understanding of this institute, defines regulatory and legal acts on the regulation of electronic services in Ukraine, analyzes the legislation on the definition of the concept of “electronic service”, the correlation of various definitions of the concept, presented in the legislative acts, examples from foreign law concerning the concept of “electronic service” is given, the foreign experience of innovations is described, and the functioning and functioning of electronic services. The author notes that scientific and technological progress brought in the 21st century a lot of new scientific as well as progressive technical achievements. Today, it’s hard to imagine a life without modern electronic technologies, including the Internet, electronic computers, various gadgets, and so on. For a long time, technology has rooted in our lives, and now it is commonplace in the society to realize business partnerships with the help of information and telecommunication technologies, to provide information interaction between the bodies of public administration (state authorities and local self-government), on the one hand, and also, individuals and legal entities on the other. Civilization has gradually come to the urgent need for the introduction of electronic technologies into the lives of every citizen by providing administrative public services electronically. It has long been clear that both receiving and providing such services are convenient, economically feasible, and appropriate in the current realities. Therefore, the study of the concept of «electronic services», to date, seems to be an actual direction of scientific activity, because the correct understanding of the legal nature, the essence of this concept contributes to ensuring the proper mechanism of information interaction between subjects of power and citizens. Keywords: electronic service, electronic input, information and telecommunication technologies, state bodies, public services.

O objetivo primordial do presente trabalho é analisar o avanço da legislação brasileira, especialmente as leis 12.737/2012 (Lei Carolina Dieckmann) e 12.965/2014 (lei do Marco Civil da Internet), em diz respeito às inovações nas abordagens quanto aos crimes nos ciberespaços (cibercrimes). Posteriormente, far-se-á uma análise dentro do direito internacional, bem como da Convenção de Budapeste que visa solucionar as questões quanto ao mau uso da internet. Justifica-se o presente estudo através do avanço tecnológico do mundo moderno, que por sua vez contribuiu para a criação de novéis hábitos nas “novíssimas” formas de comunicação, que passaram a se valer de meios inovadores capazes de promover diálogo com as pessoas em tempo real e em qualquer lugar do mundo. Entretanto, não só no Brasil, mas emtodos os países em geral o mau uso da internet tem gerado muitos confrontos que ultrapassam as barreiras fronteiriças, como a prática de atos que violam direitos da personalidade, direito de propriedade intelectual e outros delitos criminais. Desta feita, os problemas que envolvem a internet, geralmente, têm suas repercussões extrapolando a legislação interna de cada Estado, que muitas vezes é insuficiente para resolver tal questão. Acredita-se ser, não só oportuna, mas necessária a utilização do Direito Internacional como opção catalisadora para o combate aos males que envolvem a rede mundial dos computadores. Para isso, será utilizada uma metodologia de pesquisa baseada em estudo bibliográfico de natureza qualitativa, pura em relação ao seu resultado, e descritivo-exploratória quanto aos seus objetivos. Palavras-chave: Direito Internacional. Internet. Cibercrimes. Abstract: The main objective of this work is to analyze the progress of Brazilian legislation, especially laws 12,737 / 2012 (Carolina Dieckmann Law) and 12,965 / 2014 (Internet Civil Law Law), regarding innovations in approaches to cyber crimes (cybercrimes). Subsequently, an analysis will be made under international law, as well as the Budapest Convention, which will address the issues of misuse of the internet. The present study is justified by the technological advance of the modern world, which in turn has contributed to the creation of new habits in the "newest" forms of communication, which have come to use innovative means capable of promoting dialogue with people in time real and anywhere in the world. However, not only in Brazil, but in all countries in general, the misuse of the Internet has generated many confrontations that go beyond border barriers, such as the practice of acts that violate personality rights, intellectual property rights and other criminal offenses. This time around, the problems involving the Internet generally have their repercussions, extrapolating the internal legislation of each State, which is often insufficient to resolve this issue. It is believed to be not only timely but necessary to use International Law as a catalyst for combating the evils that surround the global computer network. For this, a research methodology based on a bibliographic study of a qualitative nature, pure in relation to its result, and descriptive-exploratory in terms of its objectives will be used. Keywords: International Law. Internet. Cybercrime.

Mechanical engineering in combination with the IT-sphere is the sector of the economy with the highest potential for the creation and implementation of product, technical and technological innovations, as well as a key centre of intersectoral relations. The importance of mechanical engineering for industry and the economy in general is confirmed by its high and growing share in the gross added value of the processing industry of the vast majority of developed industrial EU countries: 48,4 % in Germany, 25,5 % in Poland, while in Ukraine it is only 17 %. Domestic engineering is characterized by generally negative development trends, which have intensified as a result of the military aggression of the russian. Accordingly, the purpose of the article is to substantiate the approaches to the improvement of regulatory and legal instruments for stimulating the development of mechanical engineering in Ukraine. The author substantiates the effectiveness of the use of protectionist policy tools in relation to the domestic automobile industry during 1995-2008, which resulted in the increase in the production and export of automobiles. Ukrainian legislation in the field of stimulating the development of the production of machine-building products for the agro-industrial complex is analyzed in detail, and its key shortcomings are identified, in particular in terms of calculating the degree of localization and determining the share of imports in public procurement. It was emphasized that the production of domestic machine-building products for the agro-industrial complex depends significantly on the import of the most important components (engines, gearboxes), a significant part of which came from the russian federation and Belarus. In order to overcome such import dependence (especially after the introduction of a full trade embargo with russia), the author's proposals were submitted, in particular, to the Law of Ukraine “On Stimulating the Development of Domestic Mechanical Engineering for the Agro-Industrial Complex”, the Law of Ukraine “On Public Procurement” and the Government's Program to Reduce Prices agricultural machinery and equipment of domestic production. Taking into account these proposals will contribute to the implementation of the plan for the post-war recovery of the economy of Ukraine, which was announced by the team of the President's Office and representatives of the government.

The article is aimed at comparing existing risk-oriented financial strategies and developing recommendations for their implementation in the activities of Ukrainian companies focused on international markets, especially under conditions of martial law. The article is devoted to the analysis of modern approaches to determining risks and their implementation in the financial strategy. It is proved that modern enterprises, especially those operating in the international market, are focused on the constant updating of the financial strategy in accordance with the requirements of the external environment. It is found that at the present stage of economic development, companies, in particular international ones, operate in the conditions of the sixth technological structure of the economy. The processes of economic development at this stage are associated with the introduction of technological, organizational and institutional innovations, paying special attention from science and management practice to the implementation of a risk-oriented approach, even for enterprises engaged in the production of consumer goods. Today, the implementation of risk management best practices is directed towards improving the management’s ability to predict and respond to changes so that the company not only survives in conditions of uncertainty, but develops and shows better results. The main risks of the development of modern companies are specified, among which are: the risk of interruptions in production; risk of cyber incidents; risk of natural disasters; risk of amendments to legislation and public policy; risk of changes in the market situation; risk of new competitors entering the market; risk of new technologies; risk of climate change; risk of reputational damage or a decrease in brand value; risk of a shortage of skilled labor force. It is proved that taking into account these risks in the development of a financial strategy is a necessary condition for the stable development of the company. The advantages and disadvantages of each of the risk-oriented financial strategies of international companies proposed in the article are systematized as follows: concentrated growth; integrated growth; diversified growth; differentiation; minimum costs; development. It is determined that for modern enterprises operating in a turbulent external environment, but at the same time promoting their products to world markets and hoping to more actively explore new markets, it is extremely important to choose the optimal financial strategy that would take into account the risks. Precisely for this purpose, the existing financial strategies are systematized in the publication and it is proved that the application of these strategies in the context of risk orientation can increase the efficiency of enterprise development in the international market.

In this paper, we reviewed the Fourth Industrial Revolution (4IR) technologies applied to waves of the coronavirus disease (COVID-19). COVID-19 is an existential threat that has resulted in an unprecedented loss of lives, disruption of flight schedules, shutdown of businesses and much more. Though several researchers have highlighted the enormous benefits of 4IR technologies in containing the COVID-19 pandemic, the recent waves of the pandemic call for a thorough review of these technological interventions. The cyber-physical space has had its share of the COVID-19 pandemic effect, and through this review, we highlight the salient issues to help policy formulation towards managing the impact of subsequent COVID-19 waves within such environments. Hence, the purpose of this paper is to review the application of 4IR technologies during the COVID-19 pandemic waves and to highlight their shortcomings. Recent research articles were sourced from an online repository and thoroughly reviewed to highlight 4IR technology applications, innovations, shortcomings and multi-sector challenges. The outcome of this review indicates that the second wave of the pandemic resulted in a lower proportion of patients requiring invasive mechanical ventilation and a lower rate of thrombotic events. In addition, it was revealed that the delay between ICU admissions and tracheal intubation was longer in the second wave in the health care sector. Again, the review suggests that 4IR technologies have been utilized across all the sectors including education, businesses, society, manufacturing, healthcare, agriculture and mining. Businesses have revised their service delivery models to include 4IR technologies and avoid physical contacts. In society, digital certificates, among other digital platforms, have been utilized to assist with the movements of persons who have been vaccinated. Manufacturing concerns have also utilized robots in manufacturing to reduce human-to-human physical contact. The mining sector has automated their work processes, utilising smart boots to prevent infection, smart health bands and smart disinfection tunnels or walkthrough sanitization gates in the mining work environment. However, the identified challenges of implementing 4IR technologies include low-skilled workers, data privacy issues, data analysis poverty, data management issues and many more. The boom in 4IR technologies calls for intense legislation on sweeping data privacy for regulated tech companies. These findings hold salient implications for policy formulation towards tackling future pandemic outbreaks.

Problem setting. The legal basis for the implementation of technology transfer in Ukraine is the legal framework, in particular, the Law of Ukraine «On State Regulation of Technology Transfer», which has certain shortcomings in the field of state regulation of technology transfer, since Art. 3 of the said Law establishes only the list of subjects, but does not specify and organize them. So, today, the state provision of technology transfer in Ukraine is uncoordinated on the grounds that there is no proper institutional support. The relevance of the topic has determined the purpose of the scientific work, which is to study a group of technology transfer entities that are directly involved in the creation, transfer and use of technology and / or their components, and provide the necessary information, financial and other services at all stages the promotion of technologies and / or their components. Target of research. The purpose of this article is to analyze the activities and systematization of subjects belonging to the third group under Art. 3 of the said Law: natural persons directly involved in the creation, transfer and application of technologies and / or their components, provide the necessary information, financial and other services at all stages of the technology and / or their components market promotion. Analysis of recent researches and publications. Technology transfer as a category was investigated by such scientists as Yu. E. Atamanova, O. M Vinnyk, O. M Davdyuk, G.I Zhits, Yu. M. Kapitsa, D.S. Makhnovsky, V.S. Milash , E.A. Novikov, B.M. Paduchak, O.S. Trofimchuk, N.M. Fonshtein, O.A. Chobot, I.E. Yakubovsky. But with the attention of scientists there is a study of the analysis of activity and systematization of the subjects of technology transfer under Art. 3 Law of Ukraine «On State Regulation of Technology Transfer Activities». Article’s main body. The main normative legal document that directly regulates the sphere of technology transfer in Ukraine is the Law of Ukraine «On state regulation of activities in the field of technology transfer». It explains some of the concepts in technology transfer, identifies entities involved in technology transfer (Article 3), but their definitions, powers and functions are described only for government entities and state-owned entities. According to paragraph 3 of Art. 3 of the Law of Ukraine «On state regulation of activities in the field of technology transfer» subjects of technology transfer are individuals who are directly involved in the creation, transfer and use of technologies and / or their components, provide the necessary information, financial and other services for all stages of the advancement of technologies and / or their components to the market. Because an individual is involved in the creation of technology, it may be the creator (author). Any individual, regardless of age, can be the creator of an intellectual property. The right to transfer technology to individuals who are directly involved in technology transfer, although enshrined in applicable law, but only to individuals - entrepreneurs. With regard to individuals involved in the application of technologies and / or their components, these may be, in particular, technology providers and their components used in the application of technologies offered for transfer. The technology transfer entity (in particular, the inventor) can be a natural person in the technology transfer field. Thus, the subjects of technology transfer at certain stages are: the inventor (fundamental science), practitioner (applied science), technologist-producer (industrial production), marketer-seller (market), investor (pilot production and refinement) technology). We assume that technology transfer investors are financing through their own funds or fund management. The most attractive for efficient technology transfer is the Greenfield investor who is motivated by the search for knowledge. Individuals directly involved in the transfer of technology may also be referred to as a patent attorney as a person providing assistance and services related to the protection of intellectual property rights to others whom they represent. Conclusions and prospects for the development. Although a legal analysis of technology transfer legislation indicates the use of the terms «natural person», for example, author, inventor, who may belong to individuals involved in the creation of technologies and / or their components, and «natural person - entrepreneur», however the parties to the economic agreement in the field of technology transfer are economic entities, ie individuals - entrepreneurs. In our opinion, item 3 of Art. 3 The Law of Ukraine «On State Regulation of Technology Transfer Activities» should be read in the following wording: natural persons directly involved in the creation, transfer and use of technologies and / or their components, provide the necessary information, financial and other services for all stages of promotion of technologies and / or their components on the market are: a) individuals who create new technological solutions, products, methods or means of production, types of goods and services, management structures without conducting scientific howling (scientific and technical) work; b) individuals who provide different types of services during the implementation of innovations, in particular, perform design or technological works on the creation of models, design, provide marketing, training, legal, patent services; c) natural persons - investors who finance projects at their own expense or manage funds. Keywords: technology transfer, technology, services, individual - entrepreneur, author, investor.

Problem setting. The article states that the state defense order is a kind of means of meeting the needs of defense and national security. Administrative and legal support of the state defense order is a kind of tool for regulating relations n the field of defense to develop a regulatory framework to protect the interests of the state. The Ministry of Strategic Industries has recently been established to shape and implement state industry and military policy. Cooperation between Ukraine and the North Atlantic Alliance in the field of defense is also very important. The target of research is to study and analyze the current state of administrative legal relations of executive bodies in the field of state defense order, to identify features of relations between participants in the state defense order, to determine the main principles of implementation, execution and control of state defense order. Analysis of resent researches and publications. Many leading domestic and foreign scholars have devoted their research works to solving the complex problem of national security. In particular, these are such scientists as V. Bogdanovich, V. Govorukha, O. Goncharenko, A. Kaczynski, G. Kostenko, D. Kuchma, M. Lytvyn, O. Litvinenko, V. Manilov, G. Perepelytsia, I. Rozputenko, E. Skakunov, A. Semenchenko etc. Article`s main body. Under the auspices of the Commission, there are a few joint working groups working in specific areas, including fruitful cooperation in the field of defense and security and armaments reform. The regulatory framework is gradually being modernized and national legislation is being brought closer to world standards, including those of the European Union and NATO. With the enactment of the Law on Defense Procurement, the systemic work of public authorities was expected to be improved, but orders, procedures, regulations, etc., which should have detailed the procedures described in the Law, have not been worked out yet. As new procedures for defense procurement at the level of bylaws have not been developed, this may significantly complicate or even make it impossible to meet defense needs with the necessary goods and services. In addition, until recently, the largest supplier of the latest weapons and services for the repair of military equipment for the Armed Forces of Ukraine was the state concern Ukroboronprom. However, recently, as a result of manipulations, the form of management of the concern has led to numerous corruption risks. Due to such opaque and politically dependent construction, defense companies lost funds, means of production, production facilities and other property. Such changes are being implemented in order to bridge the technological gap between the states of the national defense industry sector and the world’s leading defense companies. Thus, corporate governance models are introduced in enterprises – in accordance with the standards of the Organization for Economic Cooperation and Development, which is projected to minimize corruption risks and political pressure. Conclusions. It is planned to create joint projects, programs and enterprises with foreign partners, which will open new opportunities for enterprises of the defense-industrial complex of Ukraine. It is also planned to attract investments, including foreign ones, in order to modernize production and introduce innovations, etc. Branching and qualitative clarification of the regulatory framework are the main tasks today for the legislature and the executive in the field of public defense procurement.

In the era of globalization, the attraction of foreign investments has become an important factor in promoting the economic growth of countries. Investors are constantly looking for favorable conditions for investing their capital, which involves a combination of several important factors. The investor, who is focused on getting the maximum profit with the minimum cost, before making an investment decision, will study the investment environment of the host country, the proximity to large key markets, the barriers to entry from the host country to international markets, the availability of production and energy resources, the level of political and economic stability, the number of labor force, qualifications, etc. .sh. In terms of investments in the modern world, two types of trends have been identified: 1. High-tech investments, which are mainly located in developed countries, due to the developed country's intellectual resources, key market and good opportunities for business development, and 2. Investment, which is focused on obtaining maximum profit at the expense of cheap resources and labor force, and there is no or minimal technical innovation in it. It is important for the state to attract such direct foreign investments, which will not only be focused on making profits, but will also ensure the raising of the qualifications of local staff, the introduction of technological innovations, and the social protection of employees. Thanks to the economic reforms implemented after the post-Soviet upheavals, Georgia has become an attractive place for foreign investment, however, due to the shortage of labor force and low qualifications, investments focused on cheap resources and labor force are entering the country more than high-tech ones. The entry of relatively large, high-tech investments is hindered, in addition to the scarcity of the country's workforce and relatively low qualifications, the low level of energy independence, the territories occupied by the Russian Federation of Georgia, the generally politically and economically unstable region (Tskhinvali, Abkhazia, Karabakh regions), the aggressive state - the Russian Federation. Neighborhood and high probability of potential armed conflicts. The positive factors that make Georgia attractive for foreign investors are a favorable geopolitical location with land access, moderate natural and climatic conditions, low level of corruption, less bureaucratic and simple legislation compared to other countries, high level of harmonization of national legislation with international legislation, with the European Union in 2014 and in 2017 Free trade agreements signed with China, which allow a foreign investor to export products produced on behalf of Georgia to two of the world's largest markets without any problems. Due to the fact that one of the most important factors of production - "capital" - is needed to develop the economy, and the country does not have it at this stage, attracting foreign investments is a vitally important task for the economic growth of Georgia. In developing countries like Georgia, the level of domestic savings is relatively low. In addition to this, apart from the banking system, there is no stock market. In the period 1996-2021, a total of about 23.12 billion dollars of investment came into Georgia. The first and only investor country in 1996 was Ukraine with 3753.45 thousand US dollars. In the following years, significant investments were made in Georgia from the USA (1.81 billion USD), the European Union, CIS countries and Great Britain. According to the latest data, foreign investment has entered Georgia from 74 countries, which is almost 2 times less than the number of countries with which Georgia has trade relations (export-import). Since 2003, the growth of investments had an irreversible character, however, the 2008 world economic crisis and Russia's military attack on Georgia sharply reduced this figure, and it took 6 years to restore the pre-war figure. In addition, since 2017, foreign investments in Georgia have been characterized by a decreasing trend. Pandemic year 2020 was particularly notable in terms of investment decline. Despite the fact that after the signing of the Georgia-EU association in 2014, foreign investments should have increased due to the desire to access the EU market, until 2017, their volume was decreasing. In 2017, in the history of independent Georgia, the largest level of foreign investments - 1.98 billion USD was recorded. In the same year, the agreement on free trade between Georgia and China was signed, which should also increase foreign investments due to the desire to access the Chinese market, although the country has not returned to the level of foreign investments made in 2017. On December 31, 2013, the Organic Law of Georgia "On Economic Freedom" adopted in 2011 entered into force. The law, on the one hand, regulates the limit of the amount acceptable from taxpayers - in case of the desire to increase the tax rates of income, profit, VAT and import taxes, citizens' consent is required through a referendum, and on the other hand, the amount of spending of collected taxes is controlled by the limits of the established macroeconomic parameters. After the implementation of this law, the tax burden of taxpayers was not supposed to increase, but the government took advantage of the loophole in the law and in 2017 the excise duty rate was sharply increased on cars (the excise duty on right-hand drive cars was doubled), fuel and tobacco products. The property tax has also been increased, since it does not belong to the general state tax. Since January 1, 2017, when the Estonian model of profit tax came into force, the state budget received about 500 million GEL less. To make up the deficit, either government spending had to be cut, or debt had to be incurred, or taxes had to be raised. In 2017, the government's expenses increased by 800 million GEL, we took on a debt of 400 million GEL, and the excise and property tax rates were also increased, according to which if the family had an annual income of more than 40,000 GEL, they would have already paid property tax on the car. As of May 2021, the foreign debt has increased to 24.8 billion GEL and has already violated the macroeconomic parameter written in the Law on Economic Freedom, according to which the government's debt cannot exceed 60% of GDP. From 2011, when the law was adopted, until 2013, when the law entered into force, the volume of direct foreign investments did not increase, on the contrary - it even decreased, although this can be blamed on the caution caused by the change of government in 2012. - Investors are likely to observe the possibility of a change in the country's political vector. When the law came into force in December 2013, that is, in fact from 2014, the volume of investments increased by leaps and bounds, and this dynamic continued until 2017, when taxes were increased. Since 2018, the volume of direct foreign investments has dropped almost to the level of 2011. Based on all of the above, we believe that in order to attract foreign investments, Georgia should make maximum use of those competitive advantages that will attract the attention of foreign investors. The country, which has historically been a corridor of regional and world importance, has yet to fully utilize its transport function.

The paper offers a comprehensive look at the dialectics of Open Innovation and legal problems of proper protection of intellectual property rights, since only theoretical and methodological aspects received fragmented attention in the research literature. The author examines in detail the content of the «Open Innovation 2.0» concept. Thus, the use of Open Innovation can take various forms, from internal and external licensing of intellectual property rights, spin-off and spin-out models, co-development, research joint ventures to crowdsourcing of Open Innovation, which is characteristic of the Open Innovation process «outside-in». The main connection between these forms is that Open Innovation involves the exchange of objects of intellectual property rights between different subjects of innovation activity for the purpose of joint creation and commercialization of objects of intellectual property rights. The author came to the conclusion that it is necessary to distinguish Open Innovations from Open- source software, which is not associated with restrictions on further modification, but with the preservation of information about the original authorship and the changes made. The role of the concept of Open Innovation in promoting the development of the Patenting Institute, which determines, in particular, its function as a catalyst for technological cooperation under the terms of license agreements, is considered. The author identified the need for a thorough analysis of theoretical and practical problems regarding the prerequisites for the development of Open Innovation in Ukraine, the peculiarities of the implementation of the legal basis of the concept of Open Innovation in Ukrainian legislation in the field of innovation activity and Intellectual Property, mechanisms of co-creation of subjects of innovation activity with a vector for the integration of internal and external technological knowledge precisely from the standpoint of Intellectual Property Law.

A common criticism of the rhythm video games genre — including series like Guitar Hero and Rock Band, is that playing musical simulation games is a waste of time when you could be playing an actual guitar and learning a real skill. A more serious criticism of games cultures draws attention to the degree of e-waste they produce. E-waste or electronic waste includes mobiles phones, computers, televisions and other electronic devices, containing toxic chemicals and metals whose landfill, recycling and salvaging all produce distinct environmental and social problems. The e-waste produced by games like Guitar Hero is obvious in the regular flow of merchandise transforming computer and video games stores into simulation music stores, filled with replica guitars, drum kits, microphones and other products whose half-lives are short and whose obsolescence is anticipated in the annual cycles of consumption and disposal. This paper explores the connection between e-waste and obsolescence in the games industry, and argues for the further consideration of consumers as part of the solution to the problem of e-waste. It uses a case study of the PC digital distribution software platform, Steam, to suggest that the digital distribution of games may offer an alternative model to market driven software and hardware obsolescence, and more generally, that such software platforms might be a place to support cultures of consumption that delay rather than promote hardware obsolescence and its inevitability as e-waste. The question is whether there exists a potential for digital distribution to be a means of not only eliminating the need to physically transport commodities (its current 'green' benefit), but also for supporting consumer practices that further reduce e-waste. The games industry relies on a rapid production and innovation cycle, one that actively enforces hardware obsolescence. Current video game consoles, including the PlayStation 3, the Xbox 360 and Nintendo Wii, are the seventh generation of home gaming consoles to appear within forty years, and each generation is accompanied by an immense international transportation of games hardware, software (in various storage formats) and peripherals. Obsolescence also occurs at the software or content level and is significant because the games industry as a creative industry is dependent on the extensive management of multiple intellectual properties. The computing and video games software industry operates a close partnership with the hardware industry, and as such, software obsolescence directly contributes to hardware obsolescence. The obsolescence of content and the redundancy of the methods of policing its scarcity in the marketplace has been accelerated and altered by the processes of disintermediation with a range of outcomes (Flew). The music industry is perhaps the most advanced in terms of disintermediation with digital distribution at the center of the conflict between the legitimate and unauthorised access to intellectual property. This points to one issue with the hypothesis that digital distribution can lead to a reduction in hardware obsolescence, as the marketplace leader and key online distributor of music, Apple, is also the major producer of new media technologies and devices that are the paragon of stylistic obsolescence. Stylistic obsolescence, in which fashion changes products across seasons of consumption, has long been observed as the dominant form of scaled industrial innovation (Slade). Stylistic obsolescence is differentiated from mechanical or technological obsolescence as the deliberate supersedence of products by more advanced designs, better production techniques and other minor innovations. The line between the stylistic and technological obsolescence is not always clear, especially as reduced durability has become a powerful market strategy (Fitzpatrick). This occurs where the design of technologies is subsumed within the discourses of manufacturing, consumption and the logic of planned obsolescence in which the product or parts are intended to fail, degrade or under perform over time. It is especially the case with signature new media technologies such as laptop computers, mobile phones and portable games devices. Gamers are as guilty as other consumer groups in contributing to e-waste as participants in the industry's cycles of planned obsolescence, but some of them complicate discussions over the future of obsolescence and e-waste. Many gamers actively work to forestall the obsolescence of their games: they invest time in the play of older games (“retrogaming”) they donate labor and creative energy to the production of user-generated content as a means of sustaining involvement in gaming communities; and they produce entirely new game experiences for other users, based on existing software and hardware modifications known as 'mods'. With Guitar Hero and other 'rhythm' games it would be easy to argue that the hardware components of this genre have only one future: as waste. Alternatively, we could consider the actual lifespan of these objects (including their impact as e-waste) and the roles they play in the performances and practices of communities of gamers. For example, the Elmo Guitar Hero controller mod, the Tesla coil Guitar Hero controller interface, the Rock Band Speak n' Spellbinder mashup, the multiple and almost sacrilegious Fender guitar hero mods, the Guitar Hero Portable Turntable Mod and MAKE magazine's Trumpet Hero all indicate a significant diversity of user innovation, community formation and individual investment in the post-retail life of computer and video game hardware. Obsolescence is not just a problem for the games industry but for the computing and electronics industries more broadly as direct contributors to the social and environmental cost of electrical waste and obsolete electrical equipment. Planned obsolescence has long been the experience of gamers and computer users, as the basis of a utopian mythology of upgrades (Dovey and Kennedy). For PC users the upgrade pathway is traversed by the consumption of further hardware and software post initial purchase in a cycle of endless consumption, acquisition and waste (as older parts are replaced and eventually discarded). The accumulation and disposal of these cultural artefacts does not devalue or accrue in space or time at the same rate (Straw) and many users will persist for years, gradually upgrading and delaying obsolescence and even perpetuate the circulation of older cultural commodities. Flea markets and secondhand fairs are popular sites for the purchase of new, recent, old, and recycled computer hardware, and peripherals. Such practices and parallel markets support the strategies of 'making do' described by De Certeau, but they also continue the cycle of upgrade and obsolescence, and they are still consumed as part of the promise of the 'new', and the desire of a purchase that will finally 'fix' the users' computer in a state of completion (29). The planned obsolescence of new media technologies is common, but its success is mixed; for example, support for Microsoft's operating system Windows XP was officially withdrawn in April 2009 (Robinson), but due to the popularity in low cost PC 'netbooks' outfitted with an optimised XP operating system and a less than enthusiastic response to the 'next generation' Windows Vista, XP continues to be popular. Digital Distribution: A Solution? Gamers may be able to reduce the accumulation of e-waste by supporting the disintermediation of the games retail sector by means of online distribution. Disintermediation is the establishment of a direct relationship between the creators of content and their consumers through products and services offered by content producers (Flew 201). The move to digital distribution has already begun to reduce the need to physically handle commodities, but this currently signals only further support of planned, stylistic and technological obsolescence, increasing the rate at which the commodities for recording, storing, distributing and exhibiting digital content become e-waste. Digital distribution is sometimes overlooked as a potential means for promoting communities of user practice dedicated to e-waste reduction, at the same time it is actively employed to reduce the potential for the unregulated appropriation of content and restrict post-purchase sales through Digital Rights Management (DRM) technologies. Distributors like Amazon.com continue to pursue commercial opportunities in linking the user to digital distribution of content via exclusive hardware and software technologies. The Amazon e-book reader, the Kindle, operates via a proprietary mobile network using a commercially run version of the wireless 3G protocols. The e-book reader is heavily encrypted with Digital Rights Management (DRM) technologies and exclusive digital book formats designed to enforce current copyright restrictions and eliminate second-hand sales, lending, and further post-purchase distribution. The success of this mode of distribution is connected to Amazon's ability to tap both the mainstream market and the consumer demand for the less-than-popular; those books, movies, music and television series that may not have been 'hits' at the time of release. The desire to revisit forgotten niches, such as B-sides, comics, books, and older video games, suggests Chris Anderson, linked with so-called “long tail” economics. Recently Webb has queried the economic impact of the Long Tail as a business strategy, but does not deny the underlying dynamics, which suggest that content does not obsolesce in any straightforward way. Niche markets for older content are nourished by participatory cultures and Web 2.0 style online services. A good example of the Long Tail phenomenon is the recent case of the 1971 book A Lion Called Christian, by Anthony Burke and John Rendall, republished after the author's film of a visit to a resettled Christian in Africa was popularised on YouTube in 2008. Anderson's Long Tail theory suggests that over time a large number of items, each with unique rather than mass histories, will be subsumed as part of a larger community of consumers, including fans, collectors and everyday users with a long term interest in their use and preservation. If digital distribution platforms can reduce e-waste, they can perhaps be fostered by to ensuring digital consumers have access to morally and ethically aware consumer decisions, but also that they enjoy traditional consumer freedoms, such as the right to sell on and change or modify their property. For it is not only the fixation on the 'next generation' that contributes to obsolescence, but also technologies like DRM systems that discourage second hand sales and restrict modification. The legislative upgrades, patches and amendments to copyright law that have attempted to maintain the law's effectiveness in competing with peer-to-peer networks have supported DRM and other intellectual property enforcement technologies, despite the difficulties that owners of intellectual property have encountered with the effectiveness of DRM systems (Moore, Creative). The games industry continues to experiment with DRM, however, this industry also stands out as one of the few to have significantly incorporated the user within the official modes of production (Moore, Commonising). Is the games industry capable (or willing) of supporting a digital delivery system that attempts to minimise or even reverse software and hardware obsolescence? We can try to answer this question by looking in detail at the biggest digital distributor of PC games, Steam. Steam Figure 1: The Steam Application user interface retail section Steam is a digital distribution system designed for the Microsoft Windows operating system and operated by American video game development company and publisher, Valve Corporation. Steam combines online games retail, DRM technologies and internet-based distribution services with social networking and multiplayer features (in-game voice and text chat, user profiles, etc) and direct support for major games publishers, independent producers, and communities of user-contributors (modders). Steam, like the iTunes games store, Xbox Live and other digital distributors, provides consumers with direct digital downloads of new, recent and classic titles that can be accessed remotely by the user from any (internet equipped) location. Steam was first packaged with the physical distribution of Half Life 2 in 2004, and the platform's eventual popularity is tied to the success of that game franchise. Steam was not an optional component of the game's installation and many gamers protested in various online forums, while the platform was treated with suspicion by the global PC games press. It did not help that Steam was at launch everything that gamers take objection to: a persistent and initially 'buggy' piece of software that sits in the PC's operating system and occupies limited memory resources at the cost of hardware performance. Regular updates to the Steam software platform introduced social network features just as mainstream sites like MySpace and Facebook were emerging, and its popularity has undergone rapid subsequent growth. Steam now eclipses competitors with more than 20 million user accounts (Leahy) and Valve Corporation makes it publicly known that Steam collects large amounts of data about its users. This information is available via the public player profile in the community section of the Steam application. It includes the average number of hours the user plays per week, and can even indicate the difficulty the user has in navigating game obstacles. Valve reports on the number of users on Steam every two hours via its web site, with a population on average between one and two million simultaneous users (Valve, Steam). We know these users’ hardware profiles because Valve Corporation makes the results of its surveillance public knowledge via the Steam Hardware Survey. Valve’s hardware survey itself conceptualises obsolescence in two ways. First, it uses the results to define the 'cutting edge' of PC technologies and publishing the standards of its own high end production hardware on the companies blog. Second, the effect of the Survey is to subsequently define obsolescent hardware: for example, in the Survey results for April 2009, we can see that the slight majority of users maintain computers with two central processing units while a significant proportion (almost one third) of users still maintained much older PCs with a single CPU. Both effects of the Survey appear to be well understood by Valve: the Steam Hardware Survey automatically collects information about the community's computer hardware configurations and presents an aggregate picture of the stats on our web site. The survey helps us make better engineering and gameplay decisions, because it makes sure we're targeting machines our customers actually use, rather than measuring only against the hardware we've got in the office. We often get asked about the configuration of the machines we build around the office to do both game and Steam development. We also tend to turn over machines in the office pretty rapidly, at roughly every 18 months. (Valve, Team Fortress) Valve’s support of older hardware might counter perceptions that older PCs have no use and begins to reverse decades of opinion regarding planned and stylistic obsolescence in the PC hardware and software industries. Equally significant to the extension of the lives of older PCs is Steam's support for mods and its promotion of user generated content. By providing software for mod creation and distribution, Steam maximises what Postigo calls the development potential of fan-programmers. One of the 'payoffs' in the information/access exchange for the user with Steam is the degree to which Valve's End-User Licence Agreement (EULA) permits individuals and communities of 'modders' to appropriate its proprietary game content for use in the creation of new games and games materials for redistribution via Steam. These mods extend the play of the older games, by requiring their purchase via Steam in order for the individual user to participate in the modded experience. If Steam is able to encourage this kind of appropriation and community support for older content, then the potential exists for it to support cultures of consumption and practice of use that collaboratively maintain, extend, and prolong the life and use of games. Further, Steam incorporates the insights of “long tail” economics in a purely digital distribution model, in which the obsolescence of 'non-hit' game titles can be dramatically overturned. Published in November 2007, Unreal Tournament 3 (UT3) by Epic Games, was unappreciated in a market saturated with games in the first-person shooter genre. Epic republished UT3 on Steam 18 months later, making the game available to play for free for one weekend, followed by discounted access to new content. The 2000 per cent increase in players over the game's 'free' trial weekend, has translated into enough sales of the game for Epic to no longer consider the release a commercial failure: It’s an incredible precedent to set: making a game a success almost 18 months after a poor launch. It’s something that could only have happened now, and with a system like Steam...Something that silently updates a purchase with patches and extra content automatically, so you don’t have to make the decision to seek out some exciting new feature: it’s just there anyway. Something that, if you don’t already own it, advertises that game to you at an agreeably reduced price whenever it loads. Something that enjoys a vast community who are in turn plugged into a sea of smaller relevant communities. It’s incredibly sinister. It’s also incredibly exciting... (Meer) Clearly concerns exist about Steam's user privacy policy, but this also invites us to the think about the economic relationship between gamers and games companies as it is reconfigured through the private contractual relationship established by the EULA which accompanies the digital distribution model. The games industry has established contractual and licensing arrangements with its consumer base in order to support and reincorporate emerging trends in user generated cultures and other cultural formations within its official modes of production (Moore, "Commonising"). When we consider that Valve gets to tax sales of its virtual goods and can further sell the information farmed from its users to hardware manufacturers, it is reasonable to consider the relationship between the corporation and its gamers as exploitative. Gabe Newell, the Valve co-founder and managing director, conversely believes that people are willing to give up personal information if they feel it is being used to get better services (Leahy). If that sentiment is correct then consumers may be willing to further trade for services that can reduce obsolescence and begin to address the problems of e-waste from the ground up. Conclusion Clearly, there is a potential for digital distribution to be a means of not only eliminating the need to physically transport commodities but also supporting consumer practices that further reduce e-waste. For an industry where only a small proportion of the games made break even, the successful relaunch of older games content indicates Steam's capacity to ameliorate software obsolescence. Digital distribution extends the use of commercially released games by providing disintermediated access to older and user-generated content. For Valve, this occurs within a network of exchange as access to user-generated content, social networking services, and support for the organisation and coordination of communities of gamers is traded for user-information and repeat business. Evidence for whether this will actively translate to an equivalent decrease in the obsolescence of game hardware might be observed with indicators like the Steam Hardware Survey in the future. The degree of potential offered by digital distribution is disrupted by a range of technical, commercial and legal hurdles, primary of which is the deployment of DRM, as part of a range of techniques designed to limit consumer behaviour post purchase. While intervention in the form of legislation and radical change to the insidious nature of electronics production is crucial in order to achieve long term reduction in e-waste, the user is currently considered only in terms of 'ethical' consumption and ultimately divested of responsibility through participation in corporate, state and civil recycling and e-waste management operations. The message is either 'careful what you purchase' or 'careful how you throw it away' and, like DRM, ignores the connections between product, producer and user and the consumer support for environmentally, ethically and socially positive production, distribrution, disposal and recycling. This article, has adopted a different strategy, one that sees digital distribution platforms like Steam, as capable, if not currently active, in supporting community practices that should be seriously considered in conjunction with a range of approaches to the challenge of obsolescence and e-waste. References Anderson, Chris. "The Long Tail." Wired Magazine 12. 10 (2004). 20 Apr. 2009 ‹http://www.wired.com/wired/archive/12.10/tail.html›. De Certeau, Michel. The Practice of Everyday Life. Berkeley: U of California P, 1984. Dovey, Jon, and Helen Kennedy. Game Cultures: Computer Games as New Media. London: Open University Press,2006. Fitzpatrick, Kathleen. The Anxiety of Obsolescence. Nashville: Vanderbilt UP, 2008. Flew, Terry. New Media: An Introduction. South Melbourne: Oxford UP, 2008. Leahy, Brian. "Live Blog: DICE 2009 Keynote - Gabe Newell, Valve Software." The Feed. G4TV 18 Feb. 2009. 16 Apr. 2009 ‹http://g4tv.com/thefeed/blog/post/693342/Live-Blog-DICE-2009-Keynote-–-Gabe-Newell-Valve-Software.html›. Meer, Alec. "Unreal Tournament 3 and the New Lazarus Effect." Rock, Paper, Shotgun 16 Mar. 2009. 24 Apr. 2009 ‹http://www.rockpapershotgun.com/2009/03/16/unreal-tournament-3-and-the-new-lazarus-effect/›.Moore, Christopher. "Commonising the Enclosure: Online Games and Reforming Intellectual Property Regimes." Australian Journal of Emerging Technologies and Society 3. 2, (2005). 12 Apr. 2009 ‹http://www.swin.edu.au/sbs/ajets/journal/issue5-V3N2/abstract_moore.htm›. Moore, Christopher. "Creative Choices: Changes to Australian Copyright Law and the Future of the Public Domain." Media International Australia 114 (Feb. 2005): 71–83. Postigo, Hector. "Of Mods and Modders: Chasing Down the Value of Fan-Based Digital Game Modification." Games and Culture 2 (2007): 300-13. Robinson, Daniel. "Windows XP Support Runs Out Next Week." PC Business Authority 8 Apr. 2009. 16 Apr. 2009 ‹http://www.pcauthority.com.au/News/142013,windows-xp-support-runs-out-next-week.aspx›. Straw, Will. "Exhausted Commodities: The Material Culture of Music." Canadian Journal of Communication 25.1 (2000): 175. Slade, Giles. Made to Break: Technology and Obsolescence in America. Cambridge: Harvard UP, 2006. Valve. "Steam and Game Stats." 26 Apr. 2009 ‹http://store.steampowered.com/stats/›. Valve. "Team Fortress 2: The Scout Update." Steam Marketing Message 20 Feb. 2009. 12 Apr. 2009 ‹http://storefront.steampowered.com/Steam/Marketing/message/2269/›. Webb, Richard. "Online Shopping and the Harry Potter Effect." New Scientist 2687 (2008): 52-55. 16 Apr. 2009 ‹http://www.newscientist.com/article/mg20026873.300-online-shopping-and-the-harry-potter-effect.html?page=2›. With thanks to Dr Nicola Evans and Dr Frances Steel for their feedback and comments on drafts of this paper.