Restructuring Copyright Infringement
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Day Fines in American Courts
If you have issues viewing or accessing this file contact us at NCJRS.gov. U.S. Department of Justice Office of Justice Programs NalionallnSlilute ofJustice Day Fines in American Courts: The Staten Island and Milwaukee Experiments sa p c About the National Institute of Justice The National Institute of Justice is the research and development agency of the U.S. Department of Justice, est'~blished to prevent and redu-::e crime and to improve the criminal justice system. Specific mandates established by Congress in the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and the Anti-Drug Abuse Act of 1988 direct the National Institute of Justice to: III Sponsor special projects and research·and development prugrums that will improve and strengthen lhe criminal justice system and reduce or prevent crime. III Conduct national demonstration projects that employ innovatiYe or promising approaches for improving criminal justice. III Del'e/op new technologies to fight crime and improve criminal justice. III Evaluate the effectiveness oj criminal justice programs ana identify programs that promise' to be successful if continued or repeated. .. Recommend actions that can be taken by Federal, State, and local governments as well as private organizations to improve criminal justice. III Carry out research on criminal behavior. II Develop new methods oj crime prevention and reduction of crime and delinquency. The National Institute of Justice has a long history of accomplishments, including the following: .. Basic research on career criminals that led to development of special police and prosecutor units to deal with repeat offenders. III Research that confirmed the link between drugs and crime. -
Protecting Those Who Blow the Whistle on Government Wrongdoing
Statement of Glenn A. Fine Principal Deputy Inspector General, Performing the Duties of the Inspector General, Department of Defense for a Hearing on Protecting Those Who Blow the Whistle on Government Wrongdoing Before the Subcommittee on Government Operations Committee on Oversight and Reform U.S. House of Representatives January 28, 2020 Chairman Connolly, Ranking Member Meadows, and members of the subcommittee, thank you for inviting me to appear before you today for this hearing on the contributions of federal whistleblowers and the need to protect them from reprisal. I. INTRODUCTION My testimony will focus on the important work of the Department of Defense Office of Inspector General (DoD OIG) relating to whistleblowers. I am the DoD Principal Deputy Inspector General, Performing the Duties of the Inspector General, and have been serving as the head of the DoD OIG for over 4 years. Prior to this position, in addition to working as an attorney in private practice, I was the Inspector General of the Department of Justice for 11 years, from 2000 to 2011. In my testimony today, I will discuss the significant contributions of whistleblowers, why the protection of whistleblowers is so important, how the DoD OIG evaluates and investigates whistleblower disclosures and complaints of reprisal, and several best practices we have implemented at the DoD OIG to improve our timeliness and efficiency in whistleblower investigations. Specifically, my testimony discusses: • the mission and responsibilities of the DoD OIG, • the importance of whistleblowers and the need to protect them from reprisal, • examples of cases resulting from whistleblower disclosures, • the DoD OIG’s investigative processes, • best practices that the DoD OIG has implemented to improve the timeliness and efficiency of reprisal investigations, 1 • the need for DoD management to take timely corrective action on substantiated whistleblower reprisal investigations, and • the need for adequate resources to handle these important responsibilities. -
The Syntheist Movement and Creating God in the Internet Age
1 I Sing the Body Electric: The Syntheist Movement and Creating God in the Internet Age Melodi H. Dincer Senior Thesis Brown University Department of Religious Studies Adviser: Paul Nahme Second Reader: Daniel Vaca Providence, Rhode Island April 15, 20 2 Table of Contents Acknowledgments. 3 Introduction: Making the Internet Holy. .4 Chapter (1) A Technophilic Genealogy: Piracy and Syntheism as Cybernetic Offspring. .12 Chapter (2) The Atheist Theology of Syntheism . 49 Chapter (3) Enacted Syntheisms: An Ethics of Active Virtuality and Virtual Activity. 96 (In)Conclusions. 138 Works Cited. 144 3 Acknowledgments I would briefly like to thank anyone who has had a hand—actually, even the slightest brush of a finger in making this project materialize outside of the confines of my own brain matter. I would first like to thank Kerri Heffernan and my Royce Fellowship cohort for supporting my initial research on the Church of Kopimism. My time in Berlin and Stockholm on behalf of the Royce made an indelible mark on my entire academic career thus far, without which this thesis would definitely not be as out-of-the-box as it is proud to be. I would also like to thank a few professors in the Religious Studies department who, whether they were aware of it or not, encouraged my confidence in this area of study and shaped how I approached the religious communities this project concerns. Specifically, thank you to Prof. Denzey-Lewis, who taught my first religious studies course at Brown and graciously sponsored my Royce research amidst her own travels. Also, infinite thanks and blessings to Fannie Bialek, who so deftly modeled all that is good in this discipline, and all that is most noble in the often confusing, frustrating, and stressful task of teaching “hard” topics. -
Penal Code Offenses by Punishment Range Office of the Attorney General 2
PENAL CODE BYOFFENSES PUNISHMENT RANGE Including Updates From the 85th Legislative Session REV 3/18 Table of Contents PUNISHMENT BY OFFENSE CLASSIFICATION ........................................................................... 2 PENALTIES FOR REPEAT AND HABITUAL OFFENDERS .......................................................... 4 EXCEPTIONAL SENTENCES ................................................................................................... 7 CLASSIFICATION OF TITLE 4 ................................................................................................. 8 INCHOATE OFFENSES ........................................................................................................... 8 CLASSIFICATION OF TITLE 5 ............................................................................................... 11 OFFENSES AGAINST THE PERSON ....................................................................................... 11 CLASSIFICATION OF TITLE 6 ............................................................................................... 18 OFFENSES AGAINST THE FAMILY ......................................................................................... 18 CLASSIFICATION OF TITLE 7 ............................................................................................... 20 OFFENSES AGAINST PROPERTY .......................................................................................... 20 CLASSIFICATION OF TITLE 8 .............................................................................................. -
Misdemeanors
MISDEMEANORS STUDY ON RECORD RETENTION, AVAILABILITY AND ACCESS OF RECORDS REGARDING FINE- ONLY MISDEMEANORS As directed by SB 47, 85th Legislature (Due 1/1/19) Contents Executive Summary ...................................................................................................................................... 1 Background ................................................................................................................................................... 2 Methodology ................................................................................................................................................ 2 Class C Misdemeanor Records For “Children Under Age 18” ................................................................... 4 Data Limitations ........................................................................................................................................ 4 Survey Results .............................................................................................................................................. 4 Access and Availability .............................................................................................................................. 4 Adult Records ............................................................................................................................................ 4 Records Access and Availability Policy .................................................................................................. 6 Records “Related to a Child -
Chapter 1: Synthesis
7 | SYNTHESIS CHAPTER 1. SYNTHESIS This chapter provides the rationale and context for Enquiries into Intellectual Property’s Economic Impact and highlights its most significant findings. In doing so, the chapter presents the major themes of the overall report, which are 1) the importance of various types of intellectual property as sources of growth and innovation in today’s economies; and 2) the effects on IP systems and stakeholders of major developments such as content digitisation, the growth of the Internet, and globalisation. The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities or third party. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. It should be noted that statistical data on Israeli patents and trademarks are supplied by the patent and trademark offices of the relevant countries. ENQUIRIES INTO INTELLECTUAL PROPERTY'S ECONOMIC IMPACT © OECD 2015 8 | SYNTHESIS EXECUTIVE SUMMARY Key challenges • Copyright appears to be the type of IP that has been attracting business investment at the highest growth rate and it is undergoing statutory review in many countries, yet there are fewer empirical studies about copyright than about patents. Encouraging and enabling the collection and availability of more data on copyright would facilitate data-driven copyright policy. In fact, robust evidence on the use of IP rights generally and on their economic and social impacts is essential for sound IP systems. Presently, however, relatively little concrete evidence is available to support the common assumption that IP rights encourage greater innovation and creativity. -
Ordering of Scientific Publishing
WAIT FOR IT … COMMONS, COPYRIGHT AND THE PRIVATE (RE)ORDERING OF SCIENTIFIC PUBLISHING Jorge L. Contreras* Draft Mar. 4, 2012 * Visiting Associate Professor, American University Washington College of Law (permanent appointment beginning 2012-13); J.D. Harvard Law School; B.S.E.E., B.A. Rice University. The author would like to thank Jonathan Baker, Michael Carroll, Dan Cole, Mark Janis, Kimberly Kaphingst, Elinor Ostrom and David Snyder for their helpful comments, suggestions and discussion, as well as the participants in a Business Faculty Workshop at American University Washington College of Law and a Colloquium at Indiana University’s Workshop on Political Theory and Policy Analysis. An earlier draft of this paper was featured on Hearsay Culture hosted by David S. Levine, KZSU-FM - Stanford University (initial broadcast Feb. 17, 2012, available at www.hearsayculture.com). Working Draft – Please cite only with permission SCIENTIFIC PUBLISHING - CONTRERAS 2 TABLE OF CONTENTS INTRODUCTION I. THE MAKING OF A CRISIS A. The Traditional Model of Scientific Publishing B. The (New) Economics of Scientific Publishing 1. Cost 2. Revenue 3. The Journal Pricing Debate C. Leveraging Copyright 1. Why Copyright Matters 2. Author’s Assignment of Rights 3. Copyright Duration II. ADDRESSING THE CRISIS THROUGH COPYRIGHT REFORM A. Abolishing Academic Copyright? B. The Challenge of Tailoring Copyright Term 1. Effectiveness 2. Administrability 3. Political Economy III. RESPONSES IN THE SHADOW OF COPYRIGHT: THE OPEN ACCESS MOVEMENT A. Rise of the Open Access Movement B. Modes of Open Access Publication 1. Self-Archiving: The Green Route 2. Open Access Journals: The Gold Route 3. Voluntary Time-Delayed Open Access 4. -
Alternatives to Custodial Supervision: the Day Fine
Document Title: Alternatives to Custodial Supervision: The Day Fine Author(s): Edwin W. Zedlewski Document No.: NCJ 230401 Date Received: May 2010 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this National Institute of Justice (NIJ) produced report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. 1 Alternatives to Custodial Supervision: The Day Fine Edwin W. Zedlewski April 2010 NCJ 230401 Discussion Paper Alternatives to Custodial Supervision: The Day Fine Edwin W. Zedlewski April 2010 NCJ 230401 The opinions and conclusions expressed in this document are solely those of the author and do not necessarily reflect the views of the U.S. Department of Justice. Alternatives to Custodial Supervision: The Day Fine Introduction Corrections populations in the U.S. have risen at alarming rates. From 1990 to 2007, probation populations rose 61 percent, with 4.3 million persons on probation as of December 31, 2007 (Bonczar and Glaze, 1999, 2008). Parole populations have risen 55 percent to a level of 824,000 persons (Bonczar and Glaze, 1999, 2008). Incarceration sentences have expanded by even greater amounts — jail populations rose 93 percent (to 780,000), and prison populations rose 311 percent (to 2.3 million inmates) over the same interval (Beck and Gilliard, 1996; Sabol and West, 2008) More than 7.2 million persons are under correctional supervision today (Bonczar and Glaze, 2008). -
Intellectual Property and the Rhetoric of Social Change
Case Western Reserve Law Review Volume 61 Issue 1 Article 10 2010 Comparative Tales of Origins and Access: Intellectual Property and the Rhetoric of Social Change Jessica Silbey Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Jessica Silbey, Comparative Tales of Origins and Access: Intellectual Property and the Rhetoric of Social Change, 61 Case W. Rsrv. L. Rev. 195 (2010) Available at: https://scholarlycommons.law.case.edu/caselrev/vol61/iss1/10 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. 12/30/2010 8:34:29 PM COMPARATIVE TALES OF ORIGINS AND ACCESS: INTELLECTUAL PROPERTY AND THE RHETORIC OF SOCIAL CHANGE Jessica Silbey† ABSTRACT This Article argues that the open-source and antiexpansionist rhetoric of current intellectual-property debates is a revolution of surface rhetoric but not of deep structure. What this Article terms “the Access Movements” are, by now, well- known communities devoted to providing more access to intellectual-property-protected goods, communities such as the Open Source Initiative and Access to Knowledge. This Article engages Movement actors in their critique of the balance struck by recent law (statutes and cases) and asks whether new laws that further restrict access to intellectual property “promote the progress of science and the useful arts.” Relying on cases, statutes and recent policy debates, this Article contrasts the language of traditional intellectual-property law (origins and exclusivity) with the new language of the Access Movements (antiorigins and † Associate Professor of Law, Suffolk University Law School. -
Damages Surprisingly Victims?
10 Damages Personal Injury [10.10] What remedy does (and should) the legal system provide to tort victims? Although they may occasionally obtain injunctions intended to prevent ongoing harm, almost all successful tort claimants obtain money damages.’ A surprisingly large number of difficult and contested issues arise, however, in determining just how much money should be awarded. This chapter explores those issues. Part of the problem is factual uncertainty, especially, but not only, with respect to losses that will occur in the future, that is, after the trial or settlement of the case. But, in addition, there are fundamental legal questions at issue that centrally arise from disputes about the underlying reasons for awarding tort damages in the first place; whether tort law is ultimately compensatory, a deterrent or concerned with corrective justice is discussed in Chapter 1. The focus of this chapter will be on damages for bodily injury (and death). The material is organised in this way. First, the question of whether damages should be paid in a lump sum or periodically is addressed. Secondly, consideration is given to the strength of the proof plaintiffs must offer in order successfully to claim their damages. 2 So, The focus then shifts to the specific types of recoveries that are allowed. thirdly, considerable attention is given to what are typically termed pecuniary losses — (a) expenses incurred (or to be incurred) because of the harm the tortfeasor has imposed on the victim and (b) the victim’s lost income or lost earning power. Fourthly, compensatory awards for non-pecuniary losses (for example, pain and suffering) are explored. -
INTELLECTUAL PRIVILEGE: Copyright, Common Law, and The
INTELLECTUAL PRIVILEGE Copyright, Common Law, and the Common Good TOM W. BELL Arlington, Virginia Founders’ Copyright 2014 by Tom Bell. (See opposite for more information.) Second printing, April 2018 Printed in the United States of America Mercatus Center at George Mason University 3434 Washington Blvd., 4th Floor Arlington, VA 22201 www.mercatus.org 703-993-4930 Library of Congress Cataloging-in-Publication Data Bell, Tom W. Intellectual privilege : copyright, common law, and the common good / Tom W. Bell. pages cm ISBN 978-0-9892193-8-9 (pbk.) -- ISBN 978-0-9892193-9-6 (e-book (kindle)) 1. Copyright--United States. I. Title. KF2994.B45 2014 346.7304’82--dc23 2014005816 COPYRIGHT NOTE Not long ago, in “Five Reforms for Copyright” (chapter 7 of Copyright Unbalanced: From Incentive to Excess, published by the Mercatus Center at George Mason University in 2012), I suggested that the United States should return to the kind of copyright the Founders supported: the one they created in their 1790 Copyright Act. The Founders’ copyright had a term of only fourteen years with the option to renew for another fourteen. It conditioned copyright on the satisfaction of strict statutory formali- ties and covered only maps, charts, and books. The Founders’ copyright protected only against unauthorized reproductions and offered only com- paratively limited remedies. This book follows through on that policy advice. The Mercatus Center and I agreed to publish it under terms chosen to recreate the legal effect of the Founders’ 1790 Copyright Act. For example, the book’s copy- right will expire in 2042 (if not before), and you should feel free to make a movie or other derivative work at any time. -
Section 512 of Title 17 a Report of the Register of Copyrights May 2020 United States Copyright Office
united states copyright office section 512 of title 17 a report of the register of copyrights may 2020 united states copyright office section 512 of title 17 a report of the register of copyrights may 2020 U.S. Copyright Office Section 512 Report ACKNOWLEDGEMENTS The publication of this Report is the final output of several years of effort by the Copyright Office to assist Congress with evaluating ways to update the Copyright Act for the 21st century. The genesis of this Report occurred in the midst of the two years of copyright review hearings held by the House Judiciary Committee that spanned the 113th and 114th Congresses. At the twentieth and final hearing in April 2015, the Copyright Office proposed several policy studies to aid Congress in its further review of the Copyright Act. Two studies already underway at the time were completed after the hearings: Orphan Works and Mass Digitization (2015), which the Office later supplemented with a letter to Congress on the “Mass Digitization Pilot Program” (2017), and The Making Available Right in the United States (2016). Additional studies proposed during the final hearing that were subsequently issued by the Office included: the discussion document Section 108 of Title 17 (2017), Section 1201 of Title 17 (2017), and Authors, Attribution, and Integrity: Examining Moral Rights in the United States (2019). The Office also evaluated how the current copyright system works for visual artists, which resulted in the letter to Congress titled “Copyright and Visual Works: The Legal Landscape of Opportunities and Challenges” (2019). Shortly after the hearings ended, two Senators requested a review of the role of copyright law in everyday consumer products and the Office subsequently published a report, Software-Enabled Computer Products (2016).