Made available in DSpace on 2016-04-26T20:25:44Z (GMT). No. of bitstreams: 1 Pedro Nicoletti Mizukami.pdf: 4110055 bytes, checksum: fc8c654e19a713787d727a72bbc67a4e (MD5) Previous issue date: 2007-06-29 / Noticing that debates concerning the constitutional aspects of copyright are either rare or insufficient in Brazilian legal literature especially when it comes to dealing with themes regarding the current crisis of intellectual property rights we sought out to investigate which answers could be found in the Brazilian Constitution for the problem of file sharing. Starting out from the hypothesis that adequate solutions could be found by understanding the meaning and the extent of the social function of property clause established under art. 5º, XXIII of the Constitution, we adopted Lawrence Lessig s model of four modalities of constraint to frame an interdisciplinary approach to the problem. We chose not to ignore legal dogmatics, but to deal with it in a theoretical environment that prioritizes policy considerations, with the goal of developing an optimal regime of copyright exceptions. We conclude that there is room for an interpretation of the Brazilian Constitution under which file sharing would be legal, along with other practices that are currently considered to constitute copyright infringement. On the other hand, we also conclude that any reasonable interpretation of the Brazilian Constitution would disallow maximalist implementations of copyright law, and that the copyright exception regime established by the Brazilian Copyright Statute (Lei n.º 9.610/98) is not wide enough to meet the demands of the social function of intellectual property, as required by the Constitution. If construed restrictively, the Brazilian Copyright Statute is unconstitutional as far as exceptions are concerned. The theoretical framework that guided our interpretation of the Constitution is based on a Kelsenian approach on a metatheoretical level, under which two different approaches were used on a theoretical level, applied separately and not together, and with different methodological consequences: Friedrich Müller s Strukturiende Rechtslehre and Robert Alexy s theory of fundamental rights / Notando que na literatura jurídica brasileira as discussões em torno das dimensões constitucionais dos direitos autorais são raras e insuficientes, ainda mais em se tratando de temas ligados à atual crise da propriedade intelectual, a presente dissertação procurou investigar quais as respostas que Constituição brasileira poderia oferecer ao fenômeno do compartilhamento de arquivos na Internet, partindo da hipótese de que a delimitação do conteúdo da função social da propriedade, inserida no art. 5º, inciso XXIII da CF/88, poderia oferecer soluções adequadas para o problema. Com fundamentação na teoria das quatro modalidades de regulação de Lawrence Lessig, adotou-se uma abordagem de análise interdisciplinar que não ignora problemas de dogmática jurídica, mas os insere em um plano teórico que privilegia a discussão em torno de quais políticas públicas seriam as mais desejáveis em relação a um regime ideal de exceções aos direitos autorais. Concluiu-se que há espaço para uma interpretação da Constituição que autorizaria a prática do compartilhamento de arquivos, bem como outras condutas afins, argumentando-se, por outro lado, que uma política maximalista de propriedade intelectual extrapola qualquer interpretação razoável da dimensão constitucional dos direitos autorais, e que as limitações implementadas infraconstitucionalmente pela Lei n.º 9.610/98 são insuficientes para suprir o que é exigido pela função social da propriedade intelectual e, conseqüentemente, inconstitucionais se interpretadas restritivamente. No tocante aos aspectos teórico-metodológicos específicos de ciência do direito, optou-se por uma perspectiva kelseniana em um nível metateórico, e a aplicação separada de abordagens distintas no plano teórico: a teoria estruturante de Friedrich Müller, e a teoria dos direitos fundamentais de Robert Alexy, cada qual com suas particulares conseqüências metodológicas

This thesis examines 'improvement' of wetland commons in early modern England as a contested process of rapid environmental change. As a flagship project of agrarian improvement, drainage sought to alchemise pastoral fen commons into arable enclosed terra firma and promised manifold benefits for crown, commoners, and commonwealth alike. In practice, however, improvement schemes generated friction between the political and fiscal agendas of governors and projectors and local communities' customary ways of knowing and using wetland commons, provoking the most sustained and violent agrarian unrest of the seventeenth century. This thesis situates the first state-led drainage project in England, in the northern fens of Hatfield Level, in the context of the local politics of custom, national legal and political developments, and international movements of capital, expertise, and refugees; all of which intersected to reshape perceptions and management of English wetlands. Drawing on the analytic perspectives of environmental history, this thesis explores divergent ideas and practices generating conflict over the making of private property, reorganisation of flow, and reconfiguration of lived environments. This thesis argues that different 'environing' practices - both mental and material - distinguished what was seen as an ordered or disordered landscape, determined when and how water was understood as a resource or risk, and demarcated different scales and forms of intervention. Rival visions of the fenscape, ways of knowing land and water, and concepts of value and justice were productive of, and produced by, different practices of management, ownership, and use. Drainage disputes therefore crossed different spheres of discourse and action, spanning parliament, courtroom, and commons to bring improvement into dialogue with fen custom and generate a contentious environmental politics. In seven substantive chapters, this thesis investigates how improvement was imagined, legitimised, and enacted; how fen communities experienced and navigated rapid environmental transformation; and how political, social, and spatial boundaries were reforged in the process. By grounding improvement in the early modern fenscape, this thesis reintegrates agency into accounts of inexorable socio-economic change, illuminates ideas at work in social contexts, and deepens understandings of environmental conflict.

Com a análise histórica da chamada propriedade intelectual, em especial das patentes, copyright e direitos autorais, esta tese trata da crise do capitalismo contemporâneo, e analisa a tendência dissimulada de ascensão de Estados, que com o uso da tecnologia informática e o recrudescimento das legislações, se tornam cada vez mais autoritários e avançam sobre direitos e liberdades civis. Para isso é reconstituída a história dos computadores, da Internet, do Movimento do Software Livre, dos Partidos Piratas, do movimento do Software Livre no Brasil, das legislações de propriedade intelectual no mundo ocidental e da globalização do comércio e das finanças / Through the historical analysis of the \"intellectual property\", in particular patents, copyright and authors rights, this thesis deals with the crisis of contemporary capitalism, and analyzes the covert increasing trend of states, that with the use of computer technology and the intensification of laws, become increasingly authoritarian, eroding civil rights and liberties secured by populations long ago. To reach this objective the history of computers, the Internet, the Free Software Movement, the Pirate Parties, the Free Software movement in Brazil, the intellectual property laws in the Western world and the globalization of trade and finance are reconstituted

The aim of this thesis is to present, analyse, compare and evaluate the current state of digital repositories at universities in the Czech Republic that use a software application for their digital repository. A theoretical part, which introduces the reader into the issue of compilation and operating of digital repositories in the Czech academic context, precedes the practical reserach. The crucial chapter of the practical part are the results of the actual analysis. The results of a supplementary survey of universities that do not run a digital repository with usage of software application and choose a different way of storage and access to their grey literature draw on the results of this analysis. The conclusion of the entire thesis is the outline of future development of the investigated issue and the perspective of further progress of the Czech academic milieu.

摘要 觀察著作權法的演進，可說是一部為因應新興科技帶來著作利用型態改變，所造成衝擊的歷史。而現今著作權法面對資訊科技進步，所造成的法制衝擊時，卻因採取反規避措施等激烈的因應手段，造成著作權法制針對數位著作保護之爭議，出現了原先為平衡權利人利益與促進文化創作發展之兩大目的，發生了失衡的現象。該現象的發生，似乎於某種層度上，驗證了德國學者哈伯瑪斯（Jürgen Habermas）於觀察資本主義社會演進的歷史脈絡後，結合馬克斯的社會進化觀點與盧曼的系統論，所主張的晚期資本主義下的四重危機。 而隨著國際間有關數位著作保護的立法趨勢，無形中賦予了著作權人擁有對於他人接近其著作，幾乎完全的管制權利；而合理使用原則之適用卻遭受科技管制的嚴重限縮，使得著作權的保護對象，究竟是表達方式或是無形的概念，產生了保護界限的模糊，著作權法制似乎已轉往著作權利人之一方傾斜。如此的法制發展，將可能造成法律系統的內在衝突與矛盾，危及系統存在的正當性，進而產生數位著作權法制上的合法性危機。 本文試圖依循哈伯瑪斯有關溝通理性與擴大參與以型塑公共領域的主張，尋求爭議解決的可能途徑。並試圖藉由新興之創作共享授權機制（Creative Commons），結合網際網路之互動特性，嘗試探討網路中出現創作之公共領域（Public Sphere）的可能性。並期待開啟以強化社會對話與互動的溝通模式，來尋求爭議問題解決的討論開端。 / Abstract The evolution of Copyright Act reflects the change of publication displaying methods due to technology. Legislators create Anti-Circumvention Provision in reaction to the shock of technology progression on Copyright Act. However, these provision triggers the debate on the purpose of Copyright Act on publication protection, whether it is to protect the obligees or to enhance publication development. This phenomenon verifies Jürgen Habermas’s argument on the four crises under advanced capitalism, which combines Marx’s evolution of society, Luhmann’s system theory, and Habermas’s own observation on the transformation of Capitalism. The legislative trend on digital copyright protection gives the obligees almost complete control over their writings. However,“fair use” is limited by technology restrain. As a result, the Copyright Act seems to be tilted towards obligees. Such development may create inner conflict and endanger the legitimation of the law system. Moreover, the legitimation crisis on Copyright Act may be aroused. This thesis is aimed to solve the debate based on Harbemas’s claim on creating public sphere through rational communication and enlarging participation. For example, the writer combines creative commons and the interactive feature of the Internet to explore the possibility of public sphere on the Internet. In sum, this thesis is intended to resolve the Copyright Act problem.

Les développements techniques entraînent une croissance exponentielle de la circulation des œuvres et informations sur les réseaux. Les modèles de régulation de l'ère analogique élaborés sur la rareté du support sont remis en question par le numérique, fondé sur les paradigmes de la copie, de la réappropriation et du partage. Le droit d'auteur a été développé et adapté au rythme des innovations techniques de reproduction et de diffusion des œuvres, comme un correctif artificiel accordant une exclusivité temporaire d'exploitation. Il peut aussi conduire aux biens communs. Nous analysons comment droit et technique ont d'abord été pensés de manière indépendante. Les processus d'élaboration des normes et standards techniques et l'extension des droits exclusifs entraînent des tensions entre les industries culturelles et le public. Cette conception conduit à un enchevêtrement de lois et mesures techniques de protection au profit de la régulation technique. Nous proposons donc, dans la lignée de la lex informatica, un modèle fondé sur l'influence réciproque entre les disciplines, vers la reconception des catégories juridiques du droit d'auteur et vers une meilleure expression technique des droits. Le développement d'applications, d'ontologies et de métadonnées juridiques permet une automatisation de la régulation des échanges d'œuvres et d'informations. Mettant en œuvre une intégration plus équilibrée du droit et de la technique, ce modèle est notamment fondé sur l'analyse de licences et modèles contractuels qui se développent sur Internet, entre contrôle d'accès et biens communs.

著作肩負著人類對文化傳承、藝術發揚及知識分享的重責大任，影響深遠，自應創造因誘因加以鼓勵並給予適當的法律保障；惟現代著作權法保護創作人的思維均藉由「創作完成自動保護」的途徑，賦予創作人各種著作人格權及著作財產權，一改往昔仍須藉由註冊審查或登記列冊方能享有著作權的傳統作法。然而,任何偉大的著作,其價值乃貴在廣為利用方能源遠流傳，前述各類創作人是否分享或放棄著作權之意願，由法律自動保留全部權利（all rights reserved）的預設（default）立場，使得利用人在利用著作或接續創作的平台受到重重的限制，除了能符合較抽象的「合理使用」範疇以外，利用著作前均須依法取得權利人之同意或授權方能免除因此所生侵權責任。 對於一向主張著作應視為公共財的自由派學者，前述加諸廣大利用人動輒得咎的法律限制，顯然會認為對於知識分享擴散造成阻礙的結果無法忍受，於是美國史丹福大學Lawrence Lessig教授即於2002年間號召有識之士，倡導「Creative Commons」（本研究稱為「創作共享」）之運動，藉由「保留部分著作權」（some rights reserved）的理念，設計鬆綁著作權法以釋出著作權的機制，現正積極在世界各國間推廣中。 本研究即針對上述理念之興起，思考此一創新機制與知識分享擴散及著作權保護間有無相關，並試圖找出可能直接影響機制之關鍵因素提供建言。在第一章部分，除敍明研究動機、目的、範圍、限制外，更直指本研究之問題所在及預期之貢獻；第二章即針對研究主題，包括過去對著作權保護、創作共享機制、知識分享擴散及制度創新的研究進行文獻探討，第三章則對研究核心創作共享機制具體實踐之契約條款予以法律剖析檢驗，並釋疑部分易為外界混淆或誤解之觀念；第四章則詳細闡明研究方法後，設定各個命題及假設，並各賦予操作化定義，落實為問卷調查之問題及選項，第五章則以立意取向調查方式發放及回收共547份有效問卷，並以11.0版SPSS軟體執行問卷數據分析並進而出各項判讀，印證前述命題及假設相關程度，另從管理意涵賦予各項解讀之詮釋；第六章則藉由坊間已先後運行的四個類似創作共享機制的個案，將前述檢驗的內外因素、體質因素、驅動因素等研究構面逐一比較，第七章即就研究成果列出結論並提出後續研究之建議以供來者繼續接棒發揚。 / Creative work carries the responsibilities of cultural inheritance, artistic manifestation, and knowledge sharing; its influences are far reaching and the work ought to be encouraged and properly protected by law. In contrast to traditional copyright laws, whereby protection was given only after registration or examination, current copyright laws give protection to creative work upon its completion, and provide the creator with all kinds of moral integrity rights and copyrights. However, the value of a masterpiece lies in its widespread use, and the current legal system gives the creator, by default, all rights to reserve their intention to share or forfeit their copyrights. From the user’s standpoint, this protective system means limitations and restrictions in using creative work or in continuing creative platform—requiring the user to obtain agreement or license from the rights owner for any use of the work outside the scope of “fair use.” Liberal scholars who believe creative work ought to be public property find these legal restrictions on users and limitations on the proliferation of knowledge sharing intolerable. In 2002, under the appeal of Stanford’s Professor Lawrence Lessig, the movement for Creative Commons was begun. Under this model, relaxation of copyrights with some rights reserved is called for, and this idea is being widely promoted throughout the world. This study focuses on the development of this new ideology and examines its relationship with the proliferation of knowledge sharing and copyrights protection, and further inspects the key factors that may directly influence this new mechanism as well as provides necessary suggestions. Chapter One explains the motivation, purpose, scope, and limitation of this study as well as pointing out the problems and expectations of this study. Chapter Two focuses on the main theme of this study, including empirical studies on past copyright protections, creative commons mechanism, proliferation of knowledge sharing and innovation of its system. Chapter Three examines the legal aspects of the creative commons licensing agreement and clarifies the parts that are confusing or can be easily misunderstood. Chapter Four explains the research approach and sets up theories for each topic, and defines the procedures for selecting questions for the survey. Chapter Five analyzes the 547 valid surveys, which were distributed using the conceptual approach, using v.11.0 of SPSS against the topic and theories set forth in the previous chapter, and interpret each item in the survey via management connotation. Chapter Six compares four existing mechanisms similar to the creative commons model in terms internal and external factors, physical factors, and driving factors. Chapter Seven discusses the results of this study and states suggestions for subsequent research.

No description available.

The grazing management project in the Okhombe ward of the Amazizi Tribal Authority formed part of the National Department of Agriculture's LandCare program to address communal natural resource management issues. Okhombe land is communal whereby every member of the community is the legal owner of the rangeland with individual ownership of stock with the chieftaincy playing a major role in land allocation. In order to avoid critics of the past and address the top-down approach of the past interventions, a participatory approach was conducted in the planning and implementation of the grazing system. The service providers held a series of visioning workshops with the community in an effort to better understand community resource use patterns, needs, constraints and opportunities as part of the participatory approach. Issues identified by the community were the need for fencing grazing camps, animal health improvement, subdivision of rangeland and crop fields and the development of a rotational grazing system. The main aims of this study were to develop a participatory grazing plan with the community, develop and support institutional structures governing range management, and build capacity of the community in range management. The effect of the current grazing system on species composition was determined. In addition to these, the project investigated the potential different fodder trees has on alleviating feed and nutritional deficit, particularly during the dry winter months of the Upper Thukela. Among the main achievements of this study was the development and strengthening of local institutional structures and effective liaison by all structures with the Inkosi and the tribal council. The community developed a rotational grazing plan, marked the camp boundaries, produced digital maps and successfully built fence boundaries (approximately 20 kms of fencing) to divide their land. The fence boundaries separated the crop fields and rangeland, closed ward boundaries in the upland to prevent access by cattle from neighbouring wards, and divided the land into three camps. Six crush pens were constructed in each subward of the Okhombe ward. A communal herders fund opened and fence construction improved crop yields due to a decrease in crop damage by cattle. Okhombe ward, located in the Highland Sourveld region of KwaZulu-Natal, experiences feed and nutrition deficits to ruminants during winter. The prevailing species composition in Okhombe was investigated as part of the grazing plan. The veld condition of the sites ranged from poor (40.7%) in the bottomland to an averaged of 47.0% in upland sites. The most distinctive feature of the rangeland in this area was the loss of highly palatable Decreaser grass species (P <0.05), such as Themeda triandra in the bottom slopes « 1300 m) when compared to the upland (> 1800 m). The proportional abundance of Decreaser species accounted for an averaged of 1.02% of the bottomland and an averaged of 11.5% of the upland compared to the values of 49% in the benchmark (grassland in optimal condition). The composition of the less palatable Increaser Il species was very high at all elevations (1200 m -80.7%, 1400 m - 75.8% and 1700 m - 55.7%) when compared to the low benchmark composition of 19%. The dominant grasses of the bottom slopes were Increaser Il species, such as Eragrostis curvula, Eragrostis plana and Sporobolus africanus and unpalatable Increaser III species such as Aristida junciformis. A significant difference (P < 0.05) in the composition of Decreaser, Increaser I and Increaser Il species was found between the bottom and slopes compared to the upland region. However, the grass cover formed by these tufted species was generally high, making it more resistant to physical degradation. The bottom slope ranged from reasonable to excellent cover (16.9%), the middle slope ranged from reasonable (15.9%) to a good cover of 18.1%, averaging 16.7% and a range of 16.1% to 17.9% for the upland plateau. In the agroforestry trial the potential of different fodder species for supplementing fodder was examined. Leucaena leucocephala had the potential of being a suitable fodder tree species for use in alley cropping (P < 0.05) compared to Morus alba and Acacia karroo. Results from the partially intercropped treatments showed that L. leucocephala yield (665 kg ha-I) varied significantly (P < 0.05) from the A. karroo (378 kg ha-I) and M alba yield (345 kg ha-I). Treatments that were fully intercropped varied, but no significant difference (P > 0.05) were recorded. Morus alba produced the least yield of 345 kg ha-I, A. karroo yielded 378 kg ha-1 and 1. leucocephala recorded the high of 664 kg ha-I. Results from the second season showed similar trend in that 1. leucocephala yielded a significant (P < 0.05) fodder production of 1715 kg ha-I in comparison to M. alba (1101 kg ha-I) and A karroo (1140 kg ha-I). M alba yielded the least dry matter production (P < 0.05) but had high potential (P < 0.05) for addressing lack of firewood in rural areas. Morus alba yielded high fuel wood production from both two seasons. There were no significant differences in fuel wood yield (P > 0.05) from the partially intercropped M alba (507.9 kg ha-I) and 1. leucocephala (455.0 kg ha-I) but the yield from both species varied significantly from the A. karroo yield (103.kg ha-I). With regard to fully intercropped plots, fuel wood yield from all tree species varied significantly, A karroo resulting in low yield (63 kg ha-I), 1. leucocephala recorded 243 kg ha-l and M alba the highest yield of 444 kg ha-I. In the second season, M. alba yielded an averaged fuel wood production of 728 kg ha-l and a low of 439 kg ha-I from 1. leucocephala. Acacia karroo, a slow growing indigenous tree, might be preferred by farmers due to its less branches resulting in minimal light competition with crops. Leucaena leucocephala tend to grow slowly in its initial establishment stage, but once roots become well established, it grows fast and produces high quantity of fodder. The effect all fodder trees had on crop yield was not negative during the trial period and further research on long term effects of alley cropping is recommended. The conclusions drawn here were based on tree growth and their likely impact in alley cropping. Leucaena leucocephala was also recommended as a preferred species for rural ruminants based on the forage quality study. The results showed high content of crude protein (19.27%), low NDF content (50.38%) and very low tannin content (1.19%) from 1. leucocephala compared to A. karroo with a high tannin content of 5.69%. Acacia karroo had a crude protein content of 13.60%, NDF percentages of 44.16 and 34.64% of ADF content. Morus alba also had a recommended chemical composition of 11.71% of CP, 42.86% of NDF, 36.96% of ADF and a low tannin content of 0.65%. L. leucocephala foliage proven is readily degradable under different diet ranging within 24 hrs of intake (P < 0.001) compared to other feeds. L. leucocephala had high dry matter loss degraded from the rumen under Eragrostis hay diet with poor nutrients to high protein concentrates diet. Under the Eragrostis hay diet for instance, L. leucocephala tend to degrade rapidly with values of dry matter loss ranging from 32.2% to 39% at 4 hrs to 16 hrs, when compared to low dry mater loss of 26% at 4 hrs to 31.33% at 16 hrs. Feeds such as M alba tend to degrade slowly within 24 hrs of intake and rapidly degrades after the stated period. The ep content of maize stover was very low ranging from 1.60% in maize stalks to 2.63% in maize leaves. The fibre content in maize stover was very high when compared to lower values in fodder samples. The NDF content ranged from 77.92% in maize leaves to 81.60% in maize stalks. Maize leaves when compared to a combination of maize leaves and maize stalks sole tend to degrade better within 24 hrs of intake. This was due to low (P < 0.05) degradability rate of maize stalks compared to a combination of maize stalks and leave and leaves sole and least NDF content in maize leaves might have attributed to these results. Due to poor chemical compositions of these roughage samples, the study recommended the establishment of fodder banks and agroforestry systems to curb the nutrients deficit during winter. In conclusion therefore, this study highlight that the sustainability of rural systems to manage communal grazing land should be further explored. Most of the challenging issues in communal range management are social in nature rather than technical concepts. These include ways of improving social contributions from cattle to the community while maintaining cultural values of the use of cattle. The interventions in communal range management by service providers should understand the institutional arrangements within a community and an attempt to strengthen such existing structures is recommended. Further interventions by service providers in Okhombe ward should bring in the planning discussions, experts from social sciences, to deal with understanding of community dynamics. Complexities in communal range management involve dealing with non-stock owners within project boundaries. Communities from neighbouring wards should not be ignored and ways of improving communications and updating project details to them should be formulated. Shortage of land and closing of ward boundaries to prevent access to land by neighbouring wards is among community complexities to be explored. Communities in rural lands do share land and in most cases boundaries are known but invisible by an outsider to identify. It is important to strengthen and maintain every success in communal lands as that may form core of the project. Successes on grazing management by locals is far from being the improvement in veld but there are rather various factors to the successes of grazing projects in rural areas. Examples of successes based on Okhombe project are reduction in stock theft, improved in relationship between community and locals institutions, a reduction in stock mortalities during winter and improved animal health. Veld improvement is among successes but there are accomplishments phases to fulfil before focusing on improvement of species composition. / Thesis (M.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2005.

This project outlines the design proposal for an alternative public high school in Toronto, Ontario. For this project the school is re-imagined as a Community Learning Centre. The goal of the Community Centre model is to foster life-long learning in young people which can occur when space emphasizes social interaction, citizenship, and life long learning. The design of the Community Learning Centre is an attempt to align educational priorities with design, to create learning environments that best suit the needs of the users. The focus of the project, is on places between the classrooms where there is opportunity for informal learning to take place. The term schoolscapes is use to describe these spaces. They include all of the places between classrooms and are a way of reimaging the corridors as active, lively and engaging spaces. To support and expand on the idea of schoolscapes, how the environment impacts people and learning, the shifting values in education, and how public space can be related to school interiors, have been investigated. The work of Prakash Nair, Annalise Gehling and Herman Hertzberger, on school design and its correlation to public space have been extremely influential for this project, as has the work of Jan Ghel on lively city spaces. Jan Ghel identifies key features of good public space that can provide the foundation for the design of informal learning spaces. The writing of Nair, Gehling and Hertzberger will be used to support how these characteristics can be applied to the learning environment. The design of the Community Learning Centre explores how the ideals imbedded in public space can be carried over to the interior of a learning environment.