302,863 research outputs found

    Balancing Copyright Law in the Digital Age: Comparative Perspectives

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    This book focuses on the thorny and highly topical issue of balancing copyright in the digital age. The idea for it sprang from the often heated debates among intellectual property scholars on the possibilities and the limits of copyright. Copyright law has been broadening its scope for decades now, and as a result it often clashes with other rights (frequently, fundamental rights), raising the question of which right prevails. The papers represent the product of intensive research by experts, who employ rigorous interpretative methodologies while keeping an eye on comparison and on the impacts of new technologies on law. The contributions concentrate on the "propertization" of copyright; on the principle of exhaustion of the distribution right; on the conflict between users' privacy and personal data needs; and on the balance between copyright and academic freedom. Starting from the difficulties inherently connected to the difficult task of balancing rights that respond to opposing interests, each essay analyzes techniques and arguments applied by institutional decision-makers in trying to solve this dilemma. Each author applies a specific methodology involving legal comparison, while taking into account the European framework for copyright and related rights. This work represents a unique piece of scholarship, in which a single issue is read through different lenses, demonstrating the need to reconcile copyright with other fundamental areas of la

    Some results on second-order elliptic operators with polynomially growing coefficients in Lp-spaces

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    In this paper we study minimal realizations in Lp(RN) of the second order elliptic operator Ab,c:=(1+|x|α)Δ+b|x|α−2x⋅∇−c|x|α−2−|x|β,x∈RN, where N≥3, α∈[0,2), β>0, and b,c are real numbers. We use quadratic form methods to prove that (Ab,c,Cc∞(RN∖{0})) admits an extension that generates an analytic C0-semigroup for all p∈(1,∞). Moreover, we give conditions on the coefficients under which this extension is precisely the closure of (Ab,c,Cc∞(RN∖{0}))

    Il caso Nicaragua c. Colombia e la ricostruzione del diritto consuetudinario

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    Il seminario ha avuto ad oggetto la sentenza della Corte internazionale di giustizia resa il 12 luglio 2023 nel caso Nicaragua c. Colombi

    La libertà accademica e il diritto di messa a disposizione del pubblico in Open Access

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    In alcuni importanti Paesi Membri dell’Unione Europea sono state emanate, a partire dal 2013, leggi volte a conferire all’autore il diritto di mettere a disposizione del pubblico in Open Access la propria opera scienti ca frutto della ricerca nanziata con fondi pubblici e precedentemente pubblicata con un editore commerciale. Una recente proposta di legge italiana si muove nella stessa direzione. Il diritto di mettere a disposizione del pubblico in accesso aperto l’opera scienti ca costituisce un im- portante presidio della libertà accademica. Il tema perciò merita di essere trattato al ne di discutere i modelli normativi stranieri, la proposta di legge italiana e i possibili sviluppi futuri. Some European Union Member States have since 2013 enacted legislation to give authors the right of making their scienti c works available in Open Access to the public. Works that represent the result of research nanced with public funds although previously published by commercial publishers. A recent Italian legislative proposal moves in the same direction. The right to make scienti c work available in Open Access to the public is an important shield of academic freedom. The topic is worth considering with the aim to discuss existing legislative models, the proposed Italian law and possible future developments

    Misure tecnologiche di protezione: cinquanta (e più) sfumature di grigio della Corte di giustizia europea = Technological protection Measures (Fifty and more) Shades of Grey of the European Court of Justice

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    The aim of this paper is to make some critical remarks on decision of January 23, 2014 C-355/12 (Nintendo) of the European Court of Justice, ruling on Article 6 of the Copyright Directive 2001/29/EC, which regulates the legal protection of technological protection measures (TPMs). In the first paragraph, I briefly introduce the subject. In the second paragraph, I summarize the interpretation given and the principles applied by the ECJ. In the third paragraph, I point out some weaknesses of the Court’s wisdom. In the fourth paragraph, I draw a different perspective on the legal protection of TPMs aimed at restricting the application of Art. 6. In the last paragraph, I propose some conclusions

    An extension of a theorem by C. Miranda in weighted spaces

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    This paper extends a well-known theorem of C. Miranda concerning a priori estimates of weak solutions of linear elliptic equations with discontinuous coefficients in a bounded open subset of R^n . We derive such estimates in weighted spaces in an open subset of R^n under conditions more weak compared to those considered in a previous paper

    Going Beyond Counting First Authors in Author Co-citation Analysis

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    The present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed

    Balancing Copyright Law in the Digital Age: Comparative Perspectives

    No full text
    This book focuses on the thorny and highly topical issue of balancing copyright in the digital age. The idea for it sprang from the often heated debates among intellectual property scholars on the possibilities and the limits of copyright. Copyright law has been broadening its scope for decades now, and as a result it often clashes with other rights (frequently, fundamental rights), raising the question of which right prevails. The papers represent the product of intensive research by experts, who employ rigorous interpretative methodologies while keeping an eye on comparison and on the impacts of new technologies on law. The contributions concentrate on the "propertization" of copyright; on the principle of exhaustion of the distribution right; on the conflict between users' privacy and personal data needs; and on the balance between copyright and academic freedom. Starting from the difficulties inherently connected to the difficult task of balancing rights that respond to opposing interests, each essay analyzes techniques and arguments applied by institutional decision-makers in trying to solve this dilemma. Each author applies a specific methodology involving legal comparison, while taking into account the European framework for copyright and related rights. This work represents a unique piece of scholarship, in which a single issue is read through different lenses, demonstrating the need to reconcile copyright with other fundamental areas of la

    Mitomycin C in highly myopic eyes - Author reply

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    Ophthalmology. 2005 Feb;112(2):208-18; discussion 219. Mitomycin C modulation of corneal wound healing after photorefractive keratectomy in highly myopic eyes. Gambato C, Ghirlando A, Moretto E, Busato F, Midena E. SourceRefractive Surgery Service and Antimetabolite Therapy Research Unit, Department of Ophthalmology, University of Padova, Padova, Italy. Abstract PURPOSE: To evaluate the role of topical mitomycin C in corneal wound healing (CWH) after photorefractive keratectomy (PRK) in highly myopic eyes. DESIGN: Prospective, double-masked, randomized clinical trial. PARTICIPANTS: Seventy-two eyes of 36 patients affected by high (>7 diopters) myopia. METHODS: In each patient, one eye was randomly assigned to PRK with intraoperative topical 0.02% mitomycin C application, and the fellow eye was treated with a placebo. Postoperatively, mitomycin C-treated eyes received artificial tears (3 times daily, tapered in 3 months), whereas the fellow eye was treated with fluorometholone sodium 2% and artificial tears (3 times daily, tapered in 3 months). MAIN OUTCOME MEASURES: Uncorrected visual acuity (UCVA) and best-corrected visual acuity (BCVA), contrast sensitivity, manifest refraction, and biomicroscopy. Contrast sensitivity was determined using the Pelli-Robson chart. Corneal confocal microscopy documented CWH. RESULTS: Mean follow-up was 18 months (range, 12-36). No side effects or toxic effects were documented. At 12-month follow-up examination, UCVAs (logarithm of the minimum angle of resolution) were 0.4+/-0.48 and 0.5+/-0.53 (P = .03) in mitomycin C-treated eyes and corticosteroid-treated eyes, respectively. At 1 year, corneal haze developed in 20% of corticosteroid-treated eyes, versus 0% of mitomycin C-treated eyes. At 12, 24, and 36 months, corneal confocal microscopy showed activated keratocytes and extracellular matrix significantly more evident in untreated eyes (Ps = 0.004, 0.024, and 0.046, respectively). CONCLUSION: Topical intraoperative application of 0.02% mitomycin C can reduce haze formation in highly myopic eyes undergoing PRK. Comment in Ophthalmology. 2006 Feb;113(2):357; author reply 357-8
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