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On Peers and Copyright: Why the EU Should Consider Collective Management of P2P

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Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783845241906 Year: Volume: 14 Pages: 104 DOI: http://dx.doi.org/10.5771/9783845241906 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
Added to DOAB on : 2018-11-05 12:58:39
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This book analyzes the EU’s approach to P2P, a digital age technology that highlights the tensions between the Internet and a territorial and fragmented copyright law. It aims at providing the necessary legal qualification and context to understand why the EU, while following an economic and socially onerous path, has thus far failed to achieve its deterrence goals. It is argued that a solution to this conundrum must be based on the use of copyright law and policy as tools for market organization and innovation growth, with respect for rights holders and users (sometimes) opposing interests and the existing legal framework. The best answer to mass online P2P uses seems to be that of collective rights management, as it offers an organized licensing and remuneration system compatible with the interests of stakeholders. This is especially true in the EU, home to a developed and sophisticated market of CMOs, subject to numerous ECJ and Commission decisions, as well as varying EU institutional approaches, all pointing towards a preference for multi-territorial and pan-European licensing models. In this context, this book tests the compatibility of several non-voluntary and voluntary approaches to P2P with international treaties, the acquis or simply strategic policy considerations.

Eigentum und Geschlecht

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ISBN: 9783205787518 Year: Pages: 258 DOI: 10.26530/oapen_453610 Language: German
Publisher: Böhlau Grant: Austrian Science Fund - D 4236
Subject: History
Added to DOAB on : 2013-09-21 22:37:38
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This book examines the financial circumstances of Jewish men and women in Vienna from the turn of the century to 1938, focusing on gender as a social category. The central issue is the extent to which the amount and, above all, the category of assets were structured according to gender. Furthermore, the gender specifics of financial withdrawals by the National Socialists and restitution and compensation payments after 1945 shall be examined. Three subject areas will be carefully covered for the period before 1938, in which structured relevance is accorded to the category of gender. These are economic activity, which includes gainful employment and entrepreneurial activity, inheritance practices, and marriage as an influential financial factor. 

The study is based on a sample of 788 individuals (337 women, 451 men), who were affected by National Socialist proprietary measures, i.e. looting policy, in 1938. The sample was drawn for a study by the Austrian Historical Commission. It includes the assets of these 788 people on April 27, 1938 as they were recorded in the so-called assets declaration with which all people defined as Jewish had to declare their property to the authorities. The sample, which has been entered into a database, includes further data on restitution and compensation. This paper will evaluate the data in terms of gender for the first time.

Moreover, the financial situation of 78 of the 788 individuals (Sample II) and their familial environment, in particular their parents and siblings, are researched through further sources including inheritance files, wills, marriage contracts, and commercial and land registers. One of the objectives is to investigate the origin of the assets declared in 1938. 

Based on the selection of individuals, which was dependent upon the existence of a minimum asset level, there are no significant differences between the asset volume of men and women from the sample. Nevertheless, the study points out that the composition of the assets, which means the occurrence and scope of different categories of assets, was determined by gender specific factors. Inheritance practices and segregated access to asset acquisition, particularly in economic activity, are identified as reasons for this. Gender specifics in real estate and business as well as asset transfers between generations and married couples are elaborated upon in detail. Dowries not only influenced the financial situation of the wife or widow and her husband, but also presented essential financial resources for companies. The possibility of economic activity and thereby acquisition of assets is of particular importance; this possibility is primarily decided in the family, as is shown in the individual case histories. Although gender specific differences can hardly be verified in National Socialist asset withdrawal, they can be documented in the National Socialists' approach to mixed couples. The restitution results are influenced by several factors; among these are also the claimed asset categories. In a comparative evaluation of men and women, the restitution results reflect the success of the respective asset categories.

Die Bedeutung von Unternehmertum und Eigentum fuer die Existenz von Unternehmen

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Book Series: Schriften zur Wirtschaftstheorie und Wirtschaftspolitik ISBN: 9783631357873 Year: Pages: 334 DOI: 10.3726/b13673 Language: German
Publisher: Peter Lang International Academic Publishing Group
Subject: Economics --- Political Science --- Philosophy
Added to DOAB on : 2019-01-15 13:32:37
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In dieser Arbeit wird der Nachweis erbracht, dass es im Rahmen der neoklassischen Theorie nicht möglich ist, grundlegende Probleme der Transformation realsozialistischer Wirtschafssysteme im Hinblick auf Unternehmen zu erkennen. Um diesen Defiziten begegnen zu können, wird der Versuch eines theoretischen Gegenentwurfs unternommen, der vor allem auf dem methodischen Ansatz der Österreichischen Schule fußt. Das Erklärungspotential dieses praxeologisch-eigentumsrechtlichen Theorieansatzes wird am Beispiel der Transformation des Wirtschaftssystems in Russland demonstriert. Es zeigt sich, dass nicht die sogenannte Privatisierung bestehender Unternehmensstrukturen, sondern die ungehinderte Schaffung neuer Unternehmen eine Lösung der Transformationskrise verspricht.

Die urheberrechtliche Zwangslizenz

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Book Series: Abhandlungen zum Urheber- und Kommunikationsrecht ISBN: 9783845292991 Year: Volume: 63 Pages: 650 DOI: http://dx.doi.org/10.5771/9783845292991 Language: de
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
Added to DOAB on : 2019-06-03 12:48:18
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Copyright law prevents market failure by making intangible goods exclusive and thus marketable. Exclusivity, however, has a downside: If the right holder prohibits uses without making them himself (in a certain way), out-of-print works lie dormant, innovations are hindered, and scientific journals are made prohibitively more expensive. The remedy could be a compulsory copyright licence. This special type of obligation to contract regulated by copyright law – the right holder must grant a licence, but can negotiate the conditions – leads a shadowy existence in literature and legislation. The aim of the work is to close this gap. First, using a comparative law approach and the goal of “normative efficiency”, the author analyses whether and in which cases a compulsory copyright licence should be regulated. He then examines how the compulsory copyright licence could be designed in order to be effective and compatible with international, EU and constitutional law.

Frei, fair und lebendig

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Book Series: Sozialtheorie ISBN: 9783839445303 9783837645309 Year: Pages: 400 DOI: 10.14361/9783839445303 Language: German
Publisher: transcript Verlag
Subject: Economics
Added to DOAB on : 2019-07-03 11:21:09
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This book should give you courage. It unites meaningful thinking with a new way of acting. The goal: a free, fair and lively society. But the familiar has become deeply engraved in our minds, in our everyday lives, in the market and the state. Silke Helfrich and David Bollier reveal traditional ways of thinking and design a program for successful coexistence, a different understanding of politics and caring business. The focus is on commons practices. They show how we pursue common goals in diversity. Practically, houses and vehicles can be created in a similar way to Wikipedia. The book also suggests how to think like a "commoner". It offers a language for the world of tomorrow. It's not just changing the economy and politics - it's changing us.

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