Thesis (M. S.)--Psychology, Georgia Institute of Technology, 2008. / Committee Chair: Smith, Anderson; Committee Member: Hertzog, Christopher; Committee Member: Rogers, Wendy.

Thesis (Ph. D.)--University of Missouri-Columbia, 1997. / Typescript. Vita. Includes bibliographical references. Also available on the Internet.

Thesis (Ph. D.)--University of Missouri-Columbia, 1997. / Typescript. Vita. Includes bibliographical references. Also available on the Internet.

Thesis (M.A.)--City University of Hong Kong, 2007. / "Master of Arts in arbitration and dispute resolution dissertation, City University of Hong Kong" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.

This Master thesis is a contribution to develope Multimedia security mechanisms for various P2P file sharing environments. Objective of this research thesis is to design a software tool for Multimedia business environments to fight against the copyright infringement in various P2P file sharing networks. In order to fulfil this objective, a combined implementation of two independent mechanisms designed at Fraunhofer IPSI is required. So far, the combined implementation does not yet exist for any P2P network. So, the first objective is to design a most comprehensive architecture for their implementation and the second objective is to validate that implementation built on top of the architecture. To do so, we have chosen BitTorrent network for implementation and validation. / The main objective of this research thesis work is to design a software tool for identifying copyright violated works in various P2P networks. In fact, P2P networks are the prominent networks for such copyright violations. To do so, a combined implementation of two independent mechanisms described in chapter 2 is required. This combined implementation prior to this thesis work had not existed in the form of a concrete software tool. So, the first objective is to design a most comprehensive architecture for their implementation and the second objective is to validate that implementation built on our architecture. Hence we have chosen BitTorrent network for implementation and validation. The mechanisms we addressed in our implementation are: Passive Mechanism: Digital Watermarking is the passive mechanism which is used to add information to multimedia files to be protected. This active part is just used to achieve our goal but not focused in validation because of the reason mentioned in the 1.4 section Active Search Mechanism: In order to fight against illegal copies an active search mechanism scanning for potential copyright violations is needed. Any P2P network implementation must maintain this framework extendable to other P2P networks. This is the area focused in validation phase. / gansudkum@gmail.com

L’action civile en contrefaçon de droit d’auteur a une nature juridique duale : elle est d’une part une action défensive d’un droit subjectif, plus précisément une action réelle (comparable à l’action en revendication), d’autre part une action en responsabilité civile délictuelle. Or de cette dualité naît une contradiction. En tant qu’action défensive, l’action est vouée à l’automaticité, la contrefaçon devant être la seule condition de son succès, à l’exclusion de la faute et du préjudice. Mais en tant qu’action en responsabilité, elle est vouée à la casuistique, au respect des conditions contenues aux articles 1382 et suivants du Code civil. Face à cette contradiction, le droit positif tend à privilégier la nature réelle de l’action. Depuis les années quatre-vingt-dix, en effet, les règles classiques de la responsabilité n’ont cessé d’être évincées du procès en contrefaçon. En guise de justification, on évoque parfois le caractère « lucratif » de la contrefaçon et la nécessité qu’il y aurait de s’affranchir de règles faisant le jeu du contrefacteur - en particulier celle de la réparation intégrale. Il reste que cette évolution est critiquable, puisqu’elle crée un hiatus entre le régime de l’action et sa nature juridique. Au contraire, il faut admettre un principe dit « de variabilité », en vertu duquel le régime de l’action varie selon l’objet considéré : automatique lorsqu’elle vise à faire cesser la contrefaçon, elle doit renouer avec les règles classiques de la responsabilité lorsqu’elle vise la réparation. Quant au caractère lucratif de la contrefaçon, sa neutralisation ne doit pas passer par le forçage du principe de la réparation intégrale, mais par la consécration d’un tiers objet autonome : la restitution des gains illicites. Ainsi, l’action en contrefaçon serait efficace, sans pour autant violer sa nature, ni la tradition juridique française. / The legal nature of the civil action for copyright infringement is dual. This is on the one hand a defensive action of a subjective right, more precisely an action in rem (which can be compared to the action for recovery, "action en revendication"), and on the other hand a civil tort action. However, from such dualism arises a contradiction. As a defensive action, it has propensity to be automatic and the infringement shall be the sole criterion of its achievement, excluding any fault or damage. Nonetheless, as an action for civil liability, it should be analysed on a case by case basis, taking into account all criteria provided by the French civil code in Articles 1382 et seq. In the face of such inconsistency, substantive law tends to emphasise the in rem nature of this action for copyright infringement. Indeed, since the 90's, the classic rules of civil liability have continuously been ousted from infringement lawsuits. The lucrative nature of the infringement and the necessity to disregard some rules in favour of the infringer, in particular the principle of full compensation ("réparation intégrale") for the damage caused are often brought forward to justify this tendency. Nevertheless, such evolution is questionable as it generates a hiatus between the legal regime and the legal nature of the civil action for copyright infringement. On the contrary, a principle of "variability" should be acknowledged, according to which the legal regime of such action would vary depending on its purpose. In the event the action would aim at stopping the infringement, it should be automatic. However, where the action would aim at seeking compensation for the damage suffered, the classic rules of civil liability should apply. With regard to the lucrative nature of the infringement, it should not be neutralised by the forcing of the principle of full compensation, but rather by the restitution of illegal profits. As such, the infringement action would be effective, without violating neither its legal nature nor the French legal tradition.

When Napster was first launched on the Internet in August of 1999 by young programmer, Shawn Fanning, the intension was that the platform would easily link Internet users with the free MP3 downloads they sought out on the web. By the time an injunction against the platform was granted and upheld by a state then federal court, Napster had made a far bigger impact than simply linking music listeners with free downloads. The proceedings of A & M Records, Inc. v. Napster, Inc. through the District Court Northern District of California then the United States Court of Appeals for the Ninth Circuit acted to test the applicability of copyright protections that had been legislatively heightened throughout the 1990’s and built the framework for specifications for copyright protection on the Internet. Even after fifteen years of being offline, the peer-to-peer platform still remains a household name due to the influence Napster had on shaping music consumers’ expectations of access to digital music as well as distributors’ practices. Through a review of A & M Records, Inc. v. Napster, Inc. in the district and appellate courts I will explore the workings of the Napster platform and the legal issues surrounding it - with an emphasis on vicarious copyright infringement, contributory copyright infringement, the application of the DMCA, and the application of the substantial non-infringing use doctrine to software technologies, as established by Sony Corporation of America v. Universal City Studios, Inc. I conclude that Napster has had a resounding legal, psychological, and technical impact on both the distribution and consumption of music in the digital space.

This master thesis focuses on the profession of auditors and accountants and aims to describe the professional responsibilities of these professions in connection with the infringement. It deals with the basic characteristics of these professions and Czech legislation that affects them. Furthermore, the thesis describes the general professional responsibility, defines the types of infringements and more in detail the specific crime offenses related to profession of auditors and accountants. The work also includes analysis of several law cases and real events concerning the responsibility of auditors or accountants.

Magister Legum - LLM / The rights relating to a trademark are said to be found in the fact that proprietors have acquired goodwill and a repute in their mark. Trademark law has always protected that aspect of what a trademark embodied, inter alia, to serve as a symbol of where a product originates from and guarantee quality by the setting the registered trademark proprietor’s goods apart from those of his competitor. The dilution of a trademark is one of the most challenging issues facing the sphere of trademark law in South Africa. Trademark proprietors have in the past relied successfully on primary and secondary or extended infringement. There has, however, been a dearth of cases on infringement by dilution thus far. The research in this study will primarily take the form of an evaluation of the development of the anti-dilution action and why there is dearth of successful cases in South Africa. Trademark proprietors are at risk of suffering financial loss if they are not able to protect their marks from dilution. The thesis will make recommendations whether the dilution provision contained in the Act need reform or whether the approach to the application of the anti-dilution provisions by our judiciary needs to change.

This thesis is designed to explore the complex question of compliance within the European Union. The European Union relies on the voluntary submission of it members to rules that the organization sets up. Other international organizations operate through this dynamic as well. As such, it is highly important to shed light, through research, on why states comply with the rules set forth by the organizations they belong to. Why do states comply in the European Union? There are many channels of research currently looking at this question. This thesis seeks to examine the European Commission's role in ensuring compliance in the European Union. The Commission is the chief enforcer and monitor within the European Union; as such, it is a critical component in the examination of state's compliance behavior. In order to examine the question of compliance within the European Union a researcher is forced to look at an alternative variable. Compliance is not measurable in a direct fashion and thus some proxy measure must be constructed in order to research it. The conduct of the Commission with regards to suspected and actual Member State violations of treaty obligations offers such a variable. Using data drawn from a variety of sources including the European Commission itself and a framework of research drawn from Mbaye's Why National States Comply with Supranational Law (2001) this thesis finds that no single explanatory variable is responsible for Member State compliance with the rules and laws of the European Union. Rather several factors are at work and must be looked at. This thesis finds moderate support for several hypotheses sourced from the extant literature on the subject of compliance through the models proposed herein. Other hypotheses do not hold up as well under scrutiny.