NFT数字艺术品版权法律问题的厘清

NFT数字艺术品具有唯一性,是有数字资产价值的艺术品。相较于一般艺术品,它具有准物权属性和版权属性,其交易是数字资产权属交易和版权许可使用的复合行为。NFT数字艺术品交易分为铸造发布和链上交易两个阶段。铸造是版权法意义上的复制行为,上链发布是信息网络传播行为,后续链上交易不属于复制行为,而是准发行行为,其转售行为适用权利穷竭原则。由于载体的无形性,NFT数字艺术品持有人无法享有展览权。同时,基于智能合约中蕴含的版权许可,持有人享有非交互式传播的权利。对NFT数字艺术品非交互式传播的保护,可以考虑通过将其纳入广播权控制范围或者适用《中华人民共和国著作权法》第十条“其他权利”等途径实现。     

中国传统反腐败制度、文化构建与现代学习(英文)

传统上,中国就极为关注反腐败的制度设计和文化构建。在反腐败的制度设计上建立了比较严密的反腐败罪名体系,动态的预防、监督和惩戒体系,以及独具特色的监察体系和增薪养廉的配套体系。在文化构建上,宣扬“民本主义”思想,使之成为从权力源头遏制腐败的非制度性力量;推动“清廉”从政治道德向日常道德转变,使之成为传统中国反腐败的核心;重视行政的道德化,使之与传统社会教育和家庭教育的目标一致;重视清官文化和职业氛围的培育,将传统政治的理想和追求加以社会化。传统中国的反腐败经验即使在今天看来也具有重大的学习价值和借鉴意义,全球视野中的反腐败斗争不应忽视传统中国的历史经验。     

Japanese and American Children's Reasoning about Accepting Credit for Prosocial Behavior

Children's reasoning about the appropriateness of accepting credit for one's own prosocial behavior was examined. Participants aged 7–11 years old in Japan and the USA (total N = 206) were presented with a series of stories in which a protagonist performs a good deed and is asked about it by another character. Across stories, the protagonist either truthfully acknowledges the deed or falsely denies it, in a statement that is made either in public or in private, and is addressed to either a teacher or to a peer. As predicted, Japanese children judged protagonists less favorably when they acknowledged the good deed in public rather than in private. Further, Japanese children tended to view modest lies more favorably overall than did children in the USA. These results point to the importance of modesty in Japan and to the ways in which Japanese children take into account the social context of communication when deciding whether it is appropriate for individuals to convey information about themselves.     

Effects of a Punitive Environment on Children's Executive Functioning: A Natural Experiment

Few studies have examined the influence of environmental factors on children's executive functioning (EF) performance. The present study examined the effects of a punitive vs. non‐punitive school environment on West African children's EF skills. Tasks included a ‘cool’ (relatively non‐affective) and ‘hot’ (relatively affective/motivational) version of three EF tasks: delay of gratification; gift delay; and dimensional change card sort. Children had more difficulties with the hot versions of the tasks than the cool versions, and older children outperformed younger children. After controlling for verbal ability (Peabody picture vocabulary test‐third edition), a consistent pattern of interaction between school and grade level emerged. Overall, kindergarten children in the punitive school performed no differently than their counterparts in the non‐punitive school. However, in grade 1, children in the punitive school performed significantly worse than their counterparts in the non‐punitive school. These results point to the need to consider interactions among discipline style, age, and internalization processes of self‐regulation to better understand environmental influences on EF development.     

On the Breslow–Holubkov estimator

Breslow and Holubkov (J Roy Stat Soc B 59:447–461 1997a) developed semiparametric maximum likelihood estimation for two-phase studies with a case–control first phase under a logistic regression model and noted that, apart for the overall intercept term, it was the same as the semiparametric estimator for two-phase studies with a prospective first phase developed in Scott and Wild (Biometrica 84:57–71 1997). In this paper we extend the Breslow–Holubkov result to general binary regression models and show that it has a very simple relationship with its prospective first-phase counterpart. We also explore why the design of the first phase only affects the intercept of a logistic model, simplify the calculation of standard errors, establish the semiparametric efficiency of the Breslow–Holubkov estimator and derive its asymptotic distribution in the general case.     

Thinking possibilistically in a probabilistic world

We cannot live on the knife edge of disaster all the time. We cannot even think about disastrous extremes with any clarity, says Lee Clarke . For 300 years we have equated thinking probabilistically with thinking rationally, but is that enough for thinking about terrorism, air crashes—or even God?     

Generalized inferences on the common mean vector of several multivariate normal populations

The hypothesis testing and confidence region are considered for the common mean vector of several multivariate normal populations when the covariance matrices are unknown and possibly unequal. A generalized confidence region is derived using the concepts of generalized method based on the generalized p$p$-value. The generalized confidence region is illustrated with two numerical examples. The merits of the proposed method are numerically compared with those of existing methods with respect to their expected area or expected d-dimensional volumes and coverage probabilities under different scenarios.     

H-likelihood: problems and solutions

In recent issues of this journal it has been asserted in two papers that the use of h-likelihood is wrong, in the sense of giving unsatisfactory estimates of some parameters for binary data (Kuk and Cheng, 1999; Waddington and Thompson, 2004) or theoretically unsound (Kuk and Cheng, 1999). We wish to refute both these assertions.     

区域主导产业评价指标与数学模型

以现有研究成果为基础,建立了区域主导产业评价指标体系;基于灰色聚类的思想,提出了评价区域主导产业优度的数学模型-定权聚类评估模型,并对河南省武陟县工业主导产业选择进行了实证研究。     

The robustness of the quasilikelihood estimator

The quasilikelihood estimator is widely used in data analysis where a likelihood is not available. We illustrate that with a given variance function it is not only conservative, in minimizing a maximum risk, but also robust against a possible misspecification of either the likelihood or cumulants of the model. In examples it is compared with estimators based on maximum likelihood and quadratic estimating functions.