在網路的世界裡，搜尋引擎對網路使用者的重要性逐漸升高，而藉由搜尋引擎之幫助，使用者可以在數位資訊爆炸的網路世界中，尋找到所需的資訊。惟此種便利之用途，亦造成著作權人之權利遭受侵權之疑慮，如搜尋引擎協助使用者找到未經合法授權之檔案而下載之；亦或搜尋引擎本身即複製該未經合法授權之內容而散布之等情形。各國對於搜尋引擎業者之侵權責任有相似規定，在如何之情況下搜尋引擎必須負擔侵權行為責任，而在何種情形下搜尋引擎業者可能可以免責，又在何種情形下搜尋引擎業者可能引用合理使用原則，本文亦嘗試提出各國之規定以供國內參考。 國內尚未有搜尋引擎業者之相關案例，故本文嘗試透過不同的國家中不同的搜尋引擎態樣進行案例分析，提出不同的搜尋引擎在不同之情狀之下，可能會造成的著作權爭議。如在圖像搜尋方面即提出美國的Perfect 10 v. Google案中縮小圖示之合理使用爭議，並同時提出多年前的Kelly v. Arriba案做為對照；中國大陸的七大唱片公司訴百度案在音樂搜尋當中是相當具有爭議的問題，本文亦提出其他相關的大陸案例做為對照；瑞典海盜灣的案件是P2P軟體變型後所產生之搜尋引擎，亦可以看出未來會有更多不同態樣的搜尋引擎出現；而新聞搜尋之問題，牽涉到重製權，近期Google與美聯社達成和解，本文亦為新聞搜尋此特殊的態樣為探討；而圖書搜尋方面則是以Google的圖書館計畫為基礎，並進一步探討合理使用的可能性。 本論文試圖提出美國、歐盟以及中國大陸的法規以及諸多案例，並探討在世界各地的搜尋引擎面對的著作權爭議問題，而這樣的問題會隨著科技的進步與發展有更多不同態樣的變化。我國目前尚未有相關的案例，故本文嘗試提出案例語法規的論述與探討，以期能予我國參考之。 / In the internet world, search engines become much more important to the users. By using the search engines, users can easily gather the useful data online. Although search engines bring so much convenience, but the copyright holders accuse the search engines of coypright infringement. For instance, the search engines sometimes help their users to download the copyrighted materials or themselves reproduce the copyrighted materials. The actions might bring them law suits.There are similar regulations of search engines in different countries. In some situation, search engines might defense themselves by claiming safe harbor regulation, and in others, they could claim the fair use doctrine. In the thesis, it states many cases from different countries to discuss the regulations. Due to the different functions of search engines, there are various cases. Kelly v. Arriba case and Perfect 10 v. Google case are about thumbnails search in the United States. Baidu v. EMI record case in China is about mp3 files search. Despite the traditional search engines, there are some relatively new and specific search engines, such as Private Bay. Private Bay is a search engine which focuses on searching bittorrent files for P2P downloading. In the future, there will be much more search engines with different functions. In the thesis, it also states the disputes of news search and book search.Google Book Project rised discussion worldwide. The thesis states the opinions of the ones who agree to apply the fair use doctrine on the project and the one who disagree to. In Taiwan, there have not been any copyright cases of search engines so far.The thesis states the copyright regulations in U.S., Europe and China, such as safe harbor, contributory infringement and fair use doctrine. By presenting the cases and regulations in other countries, the thesis also provide some inspirational ideas about the copyright disputes of search engine.

The backlog in foster care applications has been an issue in the Department of Health and Social Development, Johannesburg office, for the last number of years, resulting in foster care placement applications accumulating and families’ quality of life being affected and compromised. The service providers are inundated with high caseloads. Foster care applications could take up to a year or longer before they are processed and finalised at the Children’s Court. The aim of the study was to explore and describe the factors contributing to the foster care backlog from the service providers’ perspective and to provide suggestions to address this continuing backlog. The researcher employed a qualitative research approach and an explorative, descriptive and contextual research design. Factors such as high caseloads, lack of resources and lack of support and training from management were identified as contributing to the backlog. Recommendations made are the immediate filling of vacant posts, induction of new social workers, provision of adequate resources and infrastructure as well as the division of foster care services. / Social Work / M.A. (Mental Health)

La presente tesis posee un enfoque cuantitativo, mientras que su diseño de investigación fue no experimental transversal, cuyo tipo fue exploratorio, descriptivo y correlacional. El problema a resolver fue ¿En qué medida un estudio de productividad influye en la planificación de una obra, enfocado en la mano de obra?, para lo cual se planteó como objetivo principal elaborar un estudio de productividad en obra de un edificio multifamiliar para mejorar la planificación de obra. Para su desarrollo se utilizó la metodología de recolección de datos a través de la observación estructurada, con las herramientas de Carta Balance y Registro de Avance. Del estudio se determinó los factores que perjudican el avance de los trabajadores, que generaban los flujos no contributorios y desgaste de los trenes de actividad, los cuales fueron el inadecuado uso de la mano de obra y distribución del trabajo, así como la falta coordinación y supervisión perenne. This thesis has a quantitative approach, while its research design was not experimental cross, whose type was exploratory, descriptive and correlational. The problem to solve was what extent a productivity study influences the planning of a work focused on labor?, for which he was raised as main objective to develop a study of productivity in a multifamily building work to improve planning work. The data collection methodology used through structured observation for development, tools and Registration Card Balance Forward. Study the factors that hinder the advancement of workers, non-contributory generating flows and wear activity trains, which were the inappropriate use of labor and distribution of work and the lack of coordination was determined and perennial supervision.

MCur / Department of Advanced Nursing Science / Malnutrition is globally considered the key risk factors of illness and death which affect over 90 million children under the age of five. The study aim was to determine the perception of caregivers regarding factors contributing to malnutrition in children under 5 years in the Vhembe District of the Limpopo province. A qualitative approach, explorative, descriptive and contextual design was used in the study. Nine participants were sampled through simple random sampling. Data was collected through in- depth individual interview and was analysed through Tesch‘s analytical approach. Measures to ensure trustworthiness and ethical consideration were adhered to throughout the study. Three themes emerged from study, namely: caregivers perceived contributory factors to malnutrition, financial difficulties and help that were sought from various available resources. In conclusion, feeding practices to most of the participants was a challenge, they had financial difficulties since they were not working and depended on social and child grants for living, and the study recommends the development of strategies to assist caregivers in preventing malnutrition in children. / NRF

No description available.

Floor crossing was an unknown phenomenon in Malawi until the re-emergence of multiparty politics in 1994. Since then the number of MPs crossing the floor in the Malawi National Assembly has steadily increased from around twelve in 1994 to more than sixty in 2005. This practice has continued even today. However, the biggest incident of floor crossing took place in 2005 when the State President, Dr Bingu wa Mutharika, under the United Democratic Front (UDF) decided to abandon the party that sponsored him into office to form his own, the Democratic Progressive Party in February, 2005. Following him were several opposition MPs, a move which sparked a lot of tension in the National Assembly. The purpose of this study was to investigate political factors contributing to this phenomenon, and it was established that, among other factors, institutional weaknesses of political parties and gaps in the Constitution contributed significantly to floor crossing. / Political Science / M.A. (African Politics)

Harming the dignity of the learner; refusing to hear his side of the story; neglecting to help him retrieve his stolen property : such are the unfortunate occurrences at many South African schools, and such are the experiences that have led to this research. Dedicated educators sometimes default, leaving their wronged learners out m the cold. The questions are therefore: • What causes this conduct of educators and why does it recur? • Is it ignorance of their legal position? • Is it insensitivity to common law principles and statutory provisions? • Is it sheer carelessness? Mindful of the introduction of the South African Constitution Act 108 of 1996, wh1ch contains the long-awaited Bill of Fundamental Rights, this study has been undertaken to give an educational-juridical perspective of the educator-learner relationship 1n South African public schools by means of a literature study and an elementary legal comparative study. Various legal terms which influence the educator-learner relationship significantly are defined. In conjunction with the private law status of the learner, the position of the learner within the school system, and the fundamental rights of the learner in the context of the administration of justice are identified and dealt with in so far as they have any bearing on the educator-learner relationship, Moreover, the legal determinants of the educator-learner relationship and the educator's duty of care are pinpointed to determine their significance in an accountable, responsive and open educator-learner relationship, A comparative school law perspective of the sources of school law, the duties and responsibilities of educators, the fundamental rights and legal obligations of the learner, the educator's duty of care, discipline and legal liability in England and Wales, Canada, Japan, and South Africa is presented in terms of similarities and differences, Attention is paid to the necessity of informing educators and learners concerning their respective rights and duties, in order to develop accountable, responsive and open educator-learner relationships in South African schools, / Thesis (Ph.D.)--Potchefstroom University for Christian Higher Education, 2000

The topic of Limited Liability Company is a popular issue among the professional public due to the fact that Limited Liability Company belongs to the most favourite and the most widespread companies. This thesis comprehensively explains duties of members of Limited Liability Company in terms of Business Corporations Act and, where appropriate, compares them with those contained in the Commercial Code. After the brief discourse about Limited Liability Company, its nature and its position among the business corporations, the thesis provides characteristics of a share with emphasis on its qualitative aspect. In the second chapter the schemes of duties of members in works of various authors are first of all compared and critically assessed, and subsequently the own division of duties of members is created. A criterion for the division of duties is the fact, whether they are governed by general or special regulation and in the latter whether the duties arise on the basis of the act, or the Memorandum of Association. The characteristics of duties itself is included in the third to sixth chapters, which successively explain the duty of loyalty, the contributory duty, the liability duty, the duty of additional contribution, the duty of personal participation on a company, the duty to contribute to the...

Made available in DSpace on 2016-04-29T14:17:50Z (GMT). No. of bitstreams: 1 Silvia Jeni Luiz Pereira de Brito.pdf: 2208552 bytes, checksum: a8446362c94163e714798858cd6ba150 (MD5) Previous issue date: 2009-05-18 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / This research tried to highlight the inauguratory character of the Benefício de Prestação Continuada - BPC (Cash Transfer Program) as a no-contributory social right in a country which historically had as its mark a regulated citizenship and therefore waged work and social protection for its population were never made universal. The analysis made located the historical movement of the conquest of this right in the cultural, political and social Brazilian dynamic that displaces the poor from their citizenship condition, struggled to approve the BPC in the Constitutional Convention, from which the 1988 Federal Constitution was originated, as well as discussed thoroughly the ambiguities that pass throughout the very own history of the social work in the Brazilian society. In the perspective to discuss thoroughly and contribute to the BPC consolidation, this study analyzed the support and resistance power in the process of the BPC constitution, discussed the nature of this benefit in the bounds of social work and identified the attempts of dismemberment and retrocession that surrounded its definition and implementation. It was also possible to think about BPC in its articulation with Unified System for Social Assistance - SUAS, its challenges and possibilities to include its beneficiaries in programs, projects and social work services. It's assumed that the social work is bound to social protection fields as one of the social politics that constitutes the Brazilian Social Security. Being so, to assume that the social protection as a right to all citizens expresses a rupture of a culture that forwards social rights to waged work, defining a new relation between the state and the society based on the conception of universal citizenship. From Campinas, SP, focusing on the BPC beneficiaries - elderly and disabled people and their interlocutors; this study tried to demonstrate the BPC perception as a social assistance right, highlighting the conditions of access and maintenance of this benefit, an identification of its expenses by the beneficiaries, its articulation with CRAS (Social Reference of Social Assistance Center), the social control and its interfaces with INSS (Social Security) related to its operationalization. As well as methodological procedures, documental and bibliographic research, this essay was based on empiric research with a qualitative approach and semi-structured interviews with BPC beneficiaries, social workers who work for CRAS (Social Assistance Reference Center), social workers responsible for the revision of this benefit in Campinas city, INSS (Social Security) solicitor and members of the City Council for the elderly and the disabled. The produce of this work is displayed in four chapters and the results show a fragile vision about BPC as a social assistance right with constitutional base, a consequence of a political culture with low inscription in the fields of human rights / Esta pesquisa procurou ressaltar o caráter inaugural do Benefício de Prestação Continuada BPC como um direito social não-contributivo, num país que historicamente teve como marca a cidadania regulada e que, portanto, nunca universalizou o trabalho assalariado e a proteção social para toda a população. A análise empreendida situou o movimento histórico de conquista deste direito na dinâmica cultural, política e social brasileira, que destitui o pobre da condição de cidadania, retomando os embates para a aprovação do BPC na Assembléia Constituinte que deu origem à Constituição Federal de 1988, bem como discutiu as ambigüidades que perpassam a própria historicidade da assistência social na sociedade brasileira. Na perspectiva de problematizar e contribuir para a consolidação do BPC, este estudo analisou as forças de apoio e resistência no processo de sua constituição, discutiu sua natureza no âmbito da assistência social e identificou as tentativas de desconstrução e retrocesso que cercaram a sua definição e implementação. Também foi possível refletir sobre o BPC em sua articulação com o Sistema Único de Assistência Social SUAS, os desafios e possibilidades para inclusão dos seus beneficiários em programas, projetos e serviços socioassistenciais. Partiu-se do pressuposto de que a assistência social se vincula ao campo da proteção social como uma das políticas sociais que compõem a seguridade social brasileira e que, desse modo, assumir a proteção social como direito de todos os cidadãos expressa a ruptura com uma cultura que remete direitos sociais ao trabalho assalariado, demarcando uma nova relação entre o Estado e a sociedade fundada na concepção da cidadania universal. A partir de dados coletados no município de Campinas (SP), focalizando-se os beneficiários do BPC idosos e pessoas com deficiência e seus interlocutores, buscou-se demonstrar a percepção do BPC enquanto direito socioassistencial, enfatizando as condições de acesso e manutenção deste benefício, a identificação do seu gasto pelos beneficiários, sua articulação com os Centros de Referência de Assistência Social CRASs o controle social e as interfaces com o INSS, no que diz respeito a sua operacionalização. Como procedimentos metodológicos, além da pesquisa documental e bibliográfica, a dissertação apoiou-se em pesquisa empírica com uma abordagem qualitativa, realizando-se entrevistas semi-estruturadas com beneficiários do BPC, assistentes sociais que trabalham nos CRASs, assistentes sociais responsáveis pela revisão do benefício na cidade Campinas, procuradores do INSS e membros dos conselhos municipais do idoso e da pessoa com deficiência. O produto deste trabalho está disposto em quatro capítulos e os resultados indicam uma frágil visão do BPC como direito socioassistencial de base constitucional, conseqüência de uma cultura política de baixa inscrição no campo dos direitos humanos

Harming the dignity of the learner; refusing to hear his side of the story; neglecting to help him retrieve his stolen property : such are the unfortunate occurrences at many South African schools, and such are the experiences that have led to this research. Dedicated educators sometimes default, leaving their wronged learners out m the cold. The questions are therefore: • What causes this conduct of educators and why does it recur? • Is it ignorance of their legal position? • Is it insensitivity to common law principles and statutory provisions? • Is it sheer carelessness? Mindful of the introduction of the South African Constitution Act 108 of 1996, wh1ch contains the long-awaited Bill of Fundamental Rights, this study has been undertaken to give an educational-juridical perspective of the educator-learner relationship 1n South African public schools by means of a literature study and an elementary legal comparative study. Various legal terms which influence the educator-learner relationship significantly are defined. In conjunction with the private law status of the learner, the position of the learner within the school system, and the fundamental rights of the learner in the context of the administration of justice are identified and dealt with in so far as they have any bearing on the educator-learner relationship, Moreover, the legal determinants of the educator-learner relationship and the educator's duty of care are pinpointed to determine their significance in an accountable, responsive and open educator-learner relationship, A comparative school law perspective of the sources of school law, the duties and responsibilities of educators, the fundamental rights and legal obligations of the learner, the educator's duty of care, discipline and legal liability in England and Wales, Canada, Japan, and South Africa is presented in terms of similarities and differences, Attention is paid to the necessity of informing educators and learners concerning their respective rights and duties, in order to develop accountable, responsive and open educator-learner relationships in South African schools, / Thesis (Ph.D.)--Potchefstroom University for Christian Higher Education, 2000