Red-Hat Linux之CEO，Robert Yang曾對微軟行為作如此論述：「微軟很壞，但壞的很成功！」本文內容可分為三部分。首先在於釐清微軟成功之原因，針對形成微軟獨佔個人電腦作業系統之原因，做一有系統之經濟觀點分析：將軟體產業特殊之競爭策略層面考量與相關網路外部性理論經濟模型推論、驗證過程透過本文架構重新整合，發展出不同於一般管理文獻論述之方式以建立微軟獨佔地位之經濟理論基礎。第二部份針對微軟破壞競爭規範等違法行為作研究，主要針對微軟1998年對網景之反托拉斯此案，以美國司法部公布之事實認定書與休曼法為基礎，加以延申並做詳盡之探討。第三部分則針對微軟被宣判違反反托拉斯法後，政府在網際網路時代下執行反托拉斯法以回復競爭規範之角色、補救原則、措施做一探討並與AT＆T案例比較；最後並提出兩種分割方式經濟模型分析與最適分割條件之政策性建議。 / The CEO of Red-Hat Linux, Robert Yang, has made such comments on the behavior of Microsoft that:” Microsoft is very bad, but very successful.” This thesis mainly focuses on three parts. The first part is to clarify the reasons why Microsoft is so successful and analyze its monopolistic position on personal computer operating system market in light of a systematic、economic method combining strategic competitive characteristics of software industry with economic theories of network externalities, making its foundations of monopoly and distinguish from general managerial arguments through the framework of this thesis. The second part primarily focuses on the antitrust case of Microsoft’s behavior against Netscape proposed by DOJ in 1998. Basing on the DOJ’s findings of fact and the antitrust law of Sherman act, we made explorative research on the case. The third part is to explore the role、principles and methods of antitrust remedy enforcements by government under the era of networks and Internet and compare with the AT&T case in 1982. Finally, we compare between two different ways that divide Microsoft into two companies in light of economic analysis and propose policy recommendation about condition that will optimize upon exploiting such remedy method.

近來共享經濟商業模式崛起，對各國既有相關市場皆造成不少之衝擊，當中，優步公司用以計算車資之「訂價演算法」，於美國實務亦引起許多爭議。美國司法案例中其中一個重要爭議即為優步公司單方制定之「訂價演算法」與其採行之「高峰動態訂價法」究否構成價格聯合行為。於美國實務近來2起與價格聯合行為相關之案例，即包含Meyer v. Kalanick案與Chamber of Commerce & RASIER, LLC v. City of Seattle案（以下簡稱「City of Seattle案」）中，皆可見Uber企圖正當化其價格聯合行為，以免於競爭法審查下有違法之嫌。而美國對於價格聯合行為之規範，載明於休曼法第1條；依據休曼法第1條規定，若原告擬主張被告行為違反卡特爾行為，則應證明系爭卡特爾行為符合合意主體要件、具合意或共謀行為，與造成限制性之競爭效果等三項要件。由於上述二案皆仍於訴訟前階段，判決尚未出爐，因此，此議題值得吾等分析之。本文擬以美國實務判決為基準，彙整相關爭議，進而探討Uber所採訂價演算法是否構成價格聯合行為。 本文發現，雖然此等訂價演算法究否構成價格聯合行為尚未有定論，然由於訂價演算法中之高峰動態訂價法可提高駕駛於尖峰時段中提供載客服務之誘因，將有助於調節市場機制與促進競爭。此外，Uber亦可利用其訂價演算法與設置平台所奠立之優勢，使其得以潛在破壞市場秩序之形式，創造競爭優勢。據此，Uber除可克服既有行政管制下市場進入之劣勢外，亦得使相關市場交易效率大幅提升、市場更加競爭。因此，於探討Uber價格聯合行為合法與否時，亦應將此等因素納入考量。 / The rapid expansion of sharing economy enterprises around the world has led to many challenges. And among these enterprises, one of the most disruptive examples is Uber because of its algorithm. In the United States, the lawsuits regarding Uber's algorithm has also gained massive attention. One of the controversial issues of the complaints relies upon whether Uber's algorithm which set by Uber, and “surge pricing” model do constitute an illegal price-fixing in violation of Section 1 of the Sherman Act. In 2 recent high-profile cases, Meyer v. Kalanick & Chamber of Commerce & RASIER, LLC v. City of Seattle, Uber has tried to justify its price fixing to avoid antitrust scrutiny. There are three specific facts that the Plaintiff must prove to establish its antitrust claim in Section 1 of the Sherman Act: 2 or more entities entering into an agreement, conspiracy, and unreasonably restrains competition. Analysis regarding Uber's algorithm is significant because the trials are ongoing. Therefore, the thesis examines whether Uber's algorithm do constitute an illegal price-fixing in violation of Section 1 of the Sherman Act by exploring the potential problems with regard to the elements based on U.S. judicial decisions. The thesis believes that Uber's algorithm can enhance the efficiency of transaction and has pro-competitive effects, leading to the impact of Uber's surge pricing on providing the incentives for drivers during peak hours. Establishing platform and Uber's algorithm create Uber's strengths and advantages. By having disrupted the existing industry, Uber's algorithm serves pro-competitive purposes.

The aim of this work is the qualitative analysis of the new wave of female gaze photographers with a comparison of the female gaze pioneers. For this purpose, there were used photographs by Arvida Bystr​öm​, Petra Collins, Harley Weir, and Cindy Sherman, Nan Goldin, Corinne Day, which were published in fashion magazines such as ​Vogue, Harper's Bazaar, i-D, Dazed, and ​Vice​. The theoretical part examined how female identity has been shaped by western culture and dominant ideology, and how patriarchy paradigm has influenced the visual representation of women in art, pop culture, and advertisement. It is shown through key feminist concepts including Simone De Beauvoir, Betty Friedan, Judith Butler, John Berger, Laura Mulvey, theory of young girl, gagafeminism, and xenofeminism. The second part of the thesis is dedicated to social semiotics analysis of each photograph and the results of this research, which show changes of topics in the female gaze content and the shift to social media-related topics and the virtual representation of women. The work could enrich further research in the field of feminist aesthetics, fashion journalism, photography, advertisement, and social media.

Depuis les dernières années, les études démographiques montrent un vieillissement manifeste de la population nord-américaine, alors que les personnes âgées font les frais de nombreux stéréotypes et préjugés qui participent à leur marginalisation de la société. Nous postulons qu’une « culture gérontophobique » se développe et que les comportements âgistes sont intériorisés par les individus. Au sein de cette culture gérontophobique valorisant la jeunesse, la rapidité, l’efficacité, le refus et le rejet de la vieillesse et des « vieux », plusieurs options s’offrent aux personnes âgées; se conformer aux idéaux de jeunesse et de paraitre de la société actuelle ou les contester en assumant pleinement leur âge et leur corps. Ce mémoire est une étude des séries Society Portraits de Cindy Sherman et Pretty Ribbons de Donigan Cumming qui explorent différemment la représentation de l’âge et l’enjeu de la gérontophobie dans leur série photographique respective. Les études gérontologiques culturelles de Julia Twigg et Wendy Martin, les études féministes de Kathleen Woodward, Michelle Meagher et Judith Butler, ainsi que les théories photographiques d’Anca Cristofovici et Olivier Lugon, vont nous servir à l’analyse de ces deux attitudes opposées face à la vieillesse féminine, victime d’un double standard. Ce double standard dénoncé par Susan Sontag et les études gérontologiques féministes positionne les femmes âgées dans une impasse puisqu’elles sont aux prises avec les préjugés sexistes en plus d’être constamment sous la pression des apparences et de l’âgisme. Dans l’histoire de l’art et le régime des images artistiques, nous constatons un récent mouvement de revalorisation de la vieillesse et de l’expérience des personnes âgées et vieillissantes. De nombreux artistes cherchent à changer les perceptions négatives à l’égard de la vieillesse et remettent en question les préjugés gérontophobes qu’on leur porte. Ce mémoire vise à analyser en détail les images de Sherman et Cumming avant de se clore par une étude comparative de leur série et démontrer comment ce mouvement de revalorisation et de déconstruction des stéréotypes prend forme dans les images photographiques contemporaines. / In recent years, demographic studies have shown a clear aging of the North American population, while seniors face many stereotypes and prejudices that contribute to their marginalization from society. We postulate that a "gerontophobic culture" is developing and that ageist behaviors are internalized by individuals. Within this gerontophobic culture, which values youth, rapidity, efficiency, and the refusal and rejection of old age and "old people", several options are available to older people: conform to the ideals of youth and appearance of today's society or challenge them by fully assuming their age and their body. This dissertation is a study of Cindy Sherman's Society Portraits and Donigan Cumming's Pretty Ribbons series that differently explore the representation of age and the issue of gerontophobia in their respective photographic series. The cultural gerontological studies of Julia Twigg and Wendy Martin, the feminist studies of Kathleen Woodward, Michelle Meagher and Judith Butler, as well as the photographic theories of Anca Cristofovici and Olivier Lugon, will be used to analyze these two opposing attitudes towards old age for women who are victims of a double standard. This double standard, denounced by Susan Sontag and feminist gerontological studies, places older women in an impasse, as they are confronted with sexist prejudices, in addition to being constantly under the pressure of appearances and the cult of youth. In the history of art and the regime of artistic images, we see a recent movement to revalue old age and the experience of older and aging people. Many artists are seeking to change negative perceptions of old age and challenge gerontophobic assumptions about it. This thesis aims to analyze Sherman’s and Cumming's images in detail, ending with a comparative study of their series seeking to demonstrate how this movement to revalue and deconstruct stereotypes is taking shape in contemporary photographic images.

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Adaptation Studies suffers from a deficiency in the study of black, brown, yellow, and red adaptive texts, adaptive actors, and their practices. Adaptive Acts intervenes in this Eurocentric discourse as a study of adaptation with a (queer) POC perspective. My dissertation reveals that artists of color (re)create texts via dynamic modes of adaptation such as hyper-literary allusion, the use of meta-narratives as framing devices, and on-site collaborative re-writes that speak to/from specific cultural discourses that Eurocentric models alone cannot account for. I examine multi-ethnic American adaptations to delineate the role of adaptation in the continuance of stories that contest dominant culture from marginalized perspectives. And I offer deep adaptive readings of multi-ethnic adaptations in order to answer questions such as: what happens when adaptations are created to remember, to heal, and to disrupt? How does adaptation, as a centuries-old mode of cultural production, bring to the center the voices of the doubly marginalized, particularly queers of color? The texts I examine as “adaptive acts” are radical, queer, push the boundaries of adaptation, and have not, up to this point, been given the adaptive attention I believe they merit. David Henry Hwang’s 1988 Tony award-winning play, M. Butterfly, is an adaptive critique of the textual history of Butterfly and questions the assumptions of the Orientalism that underpins the story, which causes his play to intersect with Pierre Loti’s 1887 novella, Madame Chrysanthéme, at a point of imperial queerness. Rodney Evans, whose 2004 film, Brother to Brother, is the first full-length film to tell the story of the black queer roots at the genesis of the Harlem Renaissance, uses adaptation as a story(re)telling mode that focalizes the “gay rebel of the Harlem Renaissance,” Richard Bruce Nugent (1906-1987), to Signify on issues of canonization, gate-keeping, mythologizing, and intracultural marginalization. My discussion of Sherman Alexie’s debut film, The Business of Fancydancing, is informed by my own work as an adaptive actor and showcases the power of adaptation in the activation of Native continuance as an inclusive adaptive practice that offers an opportunity for women and queers of color to amend the Spokane/Coeur d'Alene writer-director’s creative authority. Adaptive acts are not only documents, but they document movements, decisions, and sociocultural action. Adaptation Studies must take seriously the power and possibilities of “adaptive acts” and “adaptive actors” from the margins if the field is to expand—adapt—in response to this diversity of adaptive potential.

Both theatre and drama were imported to Canada from European colonizing nations, and as such the canonical master-texts of European drama, particularly the works of Shakespeare, have always occupied a prominent place in Canadian theatre. This presents a challenge for living Canadian playwrights, whose most revered role model is also their most dangerous competition, and whose desire to represent the spectrum of contemporary Canadian experience on stage is often at odds with the preferences of many producers and spectators for the “classics.” Since the 1990s, a number of Canadian playwrights have attempted to challenge the role of canonical plays and the values they represent by appropriating and critiquing them in plays of their own, creating a body of work which disturbs conventional distinctions between “adaptations” and “originals.” This study describes and analyzes the adaptive dramaturgies used by recent Canadian playwrights to appropriate canonical plays, question the privileged place they occupy in Canadian culture, expose the exclusionary hierarchies they legitimate, and claim centre stage for Canadian perspectives which have hitherto been waiting in the wings. It examines how playwrights challenge, usurp, or exploit the cultural capital of the canon by “re-citing” old plays in new works, how they or their producers attempt to frame the reception of their plays in order to address cultural biases against adaptation, and how audiences respond. This study draws from and builds upon contemporary theories of adaptation and particularly (Canadian) Shakespeare adaptation, seeking an understanding of adaptation based on the motives, tactics, and efficacy of adaptation. Simultaneously, it challenges the dominance of “Shakespeare,” in critical as well as theatrical practice, by comparing appropriations of Shakespeare to appropriations of Chekhov which exhibit similar tactics and motives.

Both theatre and drama were imported to Canada from European colonizing nations, and as such the canonical master-texts of European drama, particularly the works of Shakespeare, have always occupied a prominent place in Canadian theatre. This presents a challenge for living Canadian playwrights, whose most revered role model is also their most dangerous competition, and whose desire to represent the spectrum of contemporary Canadian experience on stage is often at odds with the preferences of many producers and spectators for the “classics.” Since the 1990s, a number of Canadian playwrights have attempted to challenge the role of canonical plays and the values they represent by appropriating and critiquing them in plays of their own, creating a body of work which disturbs conventional distinctions between “adaptations” and “originals.” This study describes and analyzes the adaptive dramaturgies used by recent Canadian playwrights to appropriate canonical plays, question the privileged place they occupy in Canadian culture, expose the exclusionary hierarchies they legitimate, and claim centre stage for Canadian perspectives which have hitherto been waiting in the wings. It examines how playwrights challenge, usurp, or exploit the cultural capital of the canon by “re-citing” old plays in new works, how they or their producers attempt to frame the reception of their plays in order to address cultural biases against adaptation, and how audiences respond. This study draws from and builds upon contemporary theories of adaptation and particularly (Canadian) Shakespeare adaptation, seeking an understanding of adaptation based on the motives, tactics, and efficacy of adaptation. Simultaneously, it challenges the dominance of “Shakespeare,” in critical as well as theatrical practice, by comparing appropriations of Shakespeare to appropriations of Chekhov which exhibit similar tactics and motives.