668 research outputs found

    Begriff der öffentlich zugänglichen Versteigerung i.S.d. § 474 II 2 BGB unter Geltung der Verbraucherrechte-RL (gemeinsam mit Alessia Contu)

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    Busse J. Begriff der öffentlich zugänglichen Versteigerung i.S.d. § 474 II 2 BGB unter Geltung der Verbraucherrechte-RL (gemeinsam mit Alessia Contu). jurisPR-IWR 4/2021 Anm. 3. 2021

    The vanishing author in computer-generated works: a critical analysis of recent Australian case law

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    Abstract The use of software is ubiquitous in the creation of many copyright works, yet the requirement in copyright law that every work have a human author who engages in independent intellectual effort means that its use may prevent copyright subsistence. Several recent Australian cases have refocused attention on authorship as an essential criterion of copyright subsistence, and these cases suggest that much computer-produced output may be authorless and thus lack copyright protection. This article, the first in a two-part series, analyses how each case deals with the question of authorship of computer-produced works and why the use of software diminishes copyright protection for a significant number of computer-generated works. The article critiques the application of conventional notions of human authorship developed in the pre-computer age to modern productions and suggests alternative approaches to authorship that satisfy both the major objectives of copyright policy and the need to adapt to the computer age. The article argues that, without a broader judicial approach to authorship of computer-generated works, Parliament must remedy the lacuna in protection for these ‘authorless’ works. Possible solutions for reform are suggested. In a forthcoming article, the author comprehensively examines those reform proposals

    Argentina en nuestra casa. Maneras de salir de la crisis económica en Italia con las empresas recuperadas. Un estudio de caso

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    Los autores describen el conjunto de normas italianas a favor del proceso de recuperación por parte de los trabajadores de empresas fallidas (workers’ buyout). La hipótesis de un proceso de baja conflictividad, sustentado en el apoyo del mundo de la cooperación, se verifica a partir de un estudio de caso local, en el que se identifican algunos procesos organizativos innovadores que se generan en la recuperación y reconversión de una empresa

    La fuerza de la cooperación: las empresas recuperadas en Italia

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    Si bien las empresas argentinas recuperadas están ampliamente estudiadas, la literatura científica sobre los casos italianos es incipiente y poco sistematizada. En Italia (pero también en otros países europeos), el proceso de recuperación se configura como poco conflictivo y apoyado por un vasto aparato legislativo (como la Ley Marcora) y por el apoyo del mundo de la cooperación. De hecho, las empresas recuperadas representan una forma peculiar de crear nuevas cooperativas, definidas con el nombre de Workers' Buyout (WBO), término que indica la reestructuración, rescate o conversión de una empresa por parte de los empleados, que compran la propiedad

    NGOs management and the value of 'partnerships' for equality in international development : what’s in a name?

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    ‘Partnership’ is a buzzword for agents delivering policy solutions, funding and implementation strategies for effective international development. We call such an ensemble of policies and practices the ‘partnership discourse’. We explore the value of the term ‘partnership’ in international development with an empirical focus on the African context and issues of equality in relations between international and national non-governmental organizations (NGOs) that are routinely characterized as partnerships. The results of our research in Uganda indicate that a hiatus exists between the rhetoric and reality of such partnerships. Partnerships on the ground reproduce relations of inequality characterized by subordination and oppression. The retroductive explanation we offer for such an emergent picture is to recast partnerships not as neutral management tools, but as political processes actualized in a terrain that is contested and uneven. Our theoretical contribution is to develop a political theorization of inter-organizational relations that allows us to explore the social consequences, specifically on inequality, associated with the partnership discourse. Our substantive contribution is to elaborate the value of the term ‘partnership’ in the international development domain. Its value is to smooth over antagonism and co-opt dissent by proposing a solution to effective development that is both ethically and managerially good

    Bridge over troubled water: an Italian case study of a worker-recovered firm

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    Worker-recovered firms represent a novel means of creating new cooperatives, created through workers’ buyouts (WBOs), which refer to “the restructuring, rescue or conversion of a firm by workers, who buy the property”. In Italy, recovery is supported by a vast legislative apparatus (such as the Marcora Law) and by cooperative world. This paper reflects on the processes of resistance to closure and the resulting job loss that allow experimenting with new organizational practices within a different logic of management policies, such as solidarity and job protection. Presenting a case study with an inductive chain of reasoning we identify the articulation of institutional opportunities present in the Italian context and highlight which organizational processes are generated in the recovery and conversion of a WBO firm characterized as a “hybrid organization”. The paper first focuses on the Italian context with reference to existing secondary data and published material, clarifying why this organizational transformation must be explained within an institutional framework. Then outlines the theoretical background that allowed us to explore the organizational functioning of WBOs through the framework of institutional theory. Finally, we present the results and conclude with a discussion of our empirical and theoretical contribution

    The Hybrid Nature of Volunteering: Exploring Its Voluntary Exchange Nature at Music Festivals

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    This article discusses the nature of volunteering by exploring the features of the exchanges involved and their precise meanings. The context for this analysis is the U.K. music festival industry, where volunteers are offered specific “exchange deals” for providing their work efforts. The article argues that it is in such exchanges, and in their inherent meanings, that the nature of volunteering can be appreciated as a complex and multi-dimensional phenomenon. By theorizing volunteering as possessing Janus-face features represented by its symbolic and economic faces, this research demonstrates that the practice of volunteering is inherently hybrid. This article advances conceptual knowledge on volunteering by showing the irreducibility of the concept to either of these symbolic or economic dimensions. It offers a new perspective that addresses apparently incompatible readings of volunteering, recognizing volunteers’ different experiences and how they feel about the nature of their exchange

    First person – Viorica Raluca Contu

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    ABSTRACT First Person is a series of interviews with the first authors of a selection of papers published in Journal of Cell Science, helping early-career researchers promote themselves alongside their papers. Viorica Raluca Contu is co-first author on ‘Lysosomal targeting of SIDT2 via multiple YxxΦ motifs is required for SIDT2 function in the process of RNautophagy’, published in Journal of Cell Science. Viorica is a PhD student at the National Institute of Neuroscience, NCNP, Japan, investigating intracellular RNA degradation by the lysosomes and its possible involvements in disease pathogenesis and treatment.</jats:p

    Decaf resistance : on misbehavior, cynicism, and desire in liberal workplaces

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    The author reconnects resistance in production to its radical roots. Current literature suggests that resistance in the liberal workplaces of late capitalism has gone underground, becoming mostly evident in unofficial, offstage practices such as cynicism, parody, and humor. The author argues this resistance is too often a decaf resistance. This is a resistance without the cost of radically changing the economy of enjoyment, which ties us to our master. The author argues that resistance, as a real act, which suspends and changes the constellation of power relations, has a cost that cannot be accounted for in advance. To understand this cost, we need an ethics, which the author calls, following Lacan, the Ethics of the Real

    On boundaries and difference : communities of practice and power relations in creative work

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    Tensions and struggles are a usual occurrence when knowledge ‘to get the job done’ needs to be produced at the boundaries of different disciplines and skills. Yet, power struggles have been often overlooked, and a deeper understanding of power dynamics in, and between, communities of practice is needed. An ethnographic study of the work practices of a digital media agency is utilised as a basis for the conceptual work of addressing tensions and struggles evident in creative design work. The approach developed here reactivates the critical and relational perspectives of communities of practice theory rearticulating it with the insights of Laclau and Mouffe’s site ontology. This study offers a transformative redefinition of communities of practice’s existing theoretical kit. It also shows how creative abrasions are situated in the broader politics of management and organisation of creative design work
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