P2P系统中的著作权侵权责任探析

P2P系统的应用,使得作品的传播变得更加方便与快捷,也使得对作品的侵权越来越成为可能,为了寻求文化艺术作品的传播与版权人利益保护之间的平衡,从网络技术和法律方法相结合的角度,研究了P2P系统中的著作权侵权问题。认为P2P系统中的著作权侵权应当适用过错责任的归责原则。根据这一原则,只要ICP所提供的内容侵权,就需要承担侵权责任,软件提供商在明知或应知软件侵权的情况下仍然提供服务也应当承担侵权责任,软件经营者则可以适用＂通知与删除＂规则,在有证据表明有人利用P2P系统侵害著作权的情况下,软件经营者应当停止相应服务,否则就应当承担侵权责任。而对于P2P用户,则可要求其对其共享文件夹中的侵权作品承担侵权责任。     

Regularization in dynamic random-intercepts models for analysis of longitudinal data

This paper addresses the problem of simultaneous variable selection and estimation in the random-intercepts model with the first-order lag response. This type of model is commonly used for analyzing longitudinal data obtained through repeated measurements on individuals over time. This model uses random effects to cover the intra-class correlation, and the first lagged response to address the serial correlation, which are two common sources of dependency in longitudinal data. We demonstrate that the conditional likelihood approach by ignoring correlation among random effects and initial responses can lead to biased regularized estimates. Furthermore, we demonstrate that joint modeling of initial responses and subsequent observations in the structure of dynamic random-intercepts models leads to both consistency and Oracle properties of regularized estimators. We present theoretical results in both low- and high-dimensional settings and evaluate regularized estimators' performances by conducting simulation studies and analyzing a real dataset. Supporting information is available online.     

Optimal Contracts when Enforcement is a Decision Variable

This paper analyzes choice‐theoretic costly enforcement in an intertemporal contracting model with a differentially informed investor and entrepreneur. An intertemporal contract is modeled as a mechanism in which there is limited commitment to payment and enforcement decisions. The goal of the analysis is to characterize the effect of choice‐theoretic costly enforcement on the structure of optimal contracts. The paper shows that simple debt is the optimal contract when commitment is limited and costly enforcement is a decision variable (Theorem 1). In contrast, stochastic contracts are optimal when agents can commit to the ex‐ante optimal decisions (Theorem 2). The paper also shows that the costly state verification model can be viewed as a reduced form of an enforcement model in which agents choose payments and strategies as part of a perfect Bayesian Nash equilibrium.     

Estimation in linear mixed models for longitudinal data under linear restricted conditions

In the paper, we consider a linear mixed model (LMM) for longitudinal data under linear restriction and find the estimators for the parameters of interest. The strong consistency and asymptotic normality of the estimators are obtained under some regularity conditions. Besides, we derive the strong consistent estimator of the fourth moment for the error which is useful for statistical inference for random effects and error variance. Simulations and an example are reported for illustration.     

Multistate Survival Models as Transient Electrical Networks

In multistate survival analysis, the sojourn of a patient through various clinical states is shown to correspond to the diffusion of 1 C of electrical charge through an electrical network. The essential comparison has differentials of probability for the patient to correspond to differentials of charge, and it equates clinical states to electrical nodes. Indeed, if the death state of the patient corresponds to the sink node of the circuit, then the transient current that would be seen on an oscilloscope as the sink output is a plot of the probability density for the survival time of the patient. This electrical circuit analogy is further explored by considering the simplest possible survival model with two clinical states, alive and dead (sink), that incorporates censoring and truncation. The sink output seen on an oscilloscope is a plot of the Kaplan–Meier mass function. Thus, the Kaplan–Meier estimator finds motivation from the dynamics of current flow, as a fundamental physical law, rather than as a nonparametric maximum likelihood estimate (MLE). Generalization to competing risks settings with multiple death states (sinks) leads to cause‐specific Kaplan–Meier submass functions as outputs at sink nodes. With covariates present, the electrical analogy provides for an intuitive understanding of partial likelihood and various baseline hazard estimates often used with the proportional hazards model.     

Inhomogeneous Markov Chains and Ergodicity Coefficients: John Hajnal (1924–2008)

In 1958, a paper by John Hajnal, a demographer and mathematical statistician, was fundamental in the revival of the theory of inhomogeneous Markov chains. Hajnal made his contribution by the development of tools for the analysis of weak ergodicity, and proofs of fundamental theorems. This article reviews Hajnal's career, and then focuses on the four topics: 1. ergodicity coefficients and the weak ergodicity theorem; 2. scrambling matrices; 3. the coupling theorem; and 4. non-negative matrix products. Related work by other authors, especially Wolfgang Doeblin, is mentioned in context. Attention is given to some recent surveys and applications of ergodicity coefficients, including the Google matrix.     

Strong Consistency of Conditional Value-at-risk Estimate for ϕ-mixing Samples

In this article, we investigate the strong consistency of conditional value-at-risk estimate for ? ?mixing samples under mild conditions. Moreover, the corresponding strong consistency rate is also obtained.     

Bayes Factor Consistency for One-way Random Effects Model

In this article, we consider Bayesian hypothesis testing for the balanced one-way random effects model. A special choice of the prior formulation for the ratio of variance components is shown to yield an explicit closed-form Bayes factor without integral representation. Furthermore, we study the consistency issue of the resulting Bayes factor under three asymptotic scenarios: either the number of units goes to infinity, the number of observations per unit goes to infinity, or both go to infinity. Finally, the behavior of the proposed approach is illustrated by simulation studies.     

Statistical Analysis of Parameter Estimation for 2-D Harmonics in Multiplicative and Additive Noise

This article considers the problem of parameter estimation for two dimensional (2-D) multi-component harmonics in non zero-mean multiplicative and additive noise. The least squares estimators (LSEs) are proposed to estimate the coherent model parameters, and some statistical results of the LSEs are obtained, including strong consistency, strong convergence rate, and asymptotic normality. Furthermore, the LSEs-based estimators are proposed to estimate the noncoherent model parameters, and the strong consistency and the asymptotic normality are also proved. Finally, some numerical experiments are performed to see how the asymptotic results work for finite sample sizes.     

我国正规就业者的教育收益率

针对教育收益率测算中可能存在的弱工具变量问题,本文利用2006年中国健康与营养调查数据,结合工具变量估计框架下的各种模型设定检验,对我国正规就业者的教育收益率进行测算。检验和测算结果表明：受教育程度的变量存在内生性,个体配偶的受教育年限是内生变量受教育程度的强工具变量,而个体的出生季度是弱工具变量。广义矩估计结果显示我国正规就业者的教育收益率为10.1%。