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。     

我国企业海外撤资的实物期权分析

由于世界经济形势变化、地区政局不稳和企业对国际市场的误判,我国部分对外投资企业亏损严重,面临着从海外撤资的决择。利用实物期权法分析企业退出问题,参照贝尔曼方程,构建撤资决策的实物期权模型,分析对外投资企业撤资决策的价值。算例分析表明,对外投资企业选择的贴现率、利润的波动率和撤资成本的变化均能影响撤资的时机和方式。我国对外投资企业应根据形势变化和自身实力,不断加强自身抵抗风险的能力,灵活选择趁机抢占国外市场的进攻策略,或尽早撤出以获得放弃期权价值的防守策略。     

Risk-Informed Requirements for Design and Assessment of Structures Under Temporary Use

The relatively high failure rates, with important consequences in many cases, suggest that the implicitly acceptable risk levels corresponding to temporary civil engineering structures and activities might exceed the bounds of normally acceptable levels associated with different societal activities. Among other reasons, this may be attributed to the lack of a rational approach for the assessment of risks associated with the different technologies supporting these activities in general, and for structures in particular. There is a need for establishing appropriate target reliability levels for structures under temporary use taking into account specific circumstances such as reduced risk exposure times. This issue is being addressed in this article. Acceptance criteria for building-structure-related risks to persons obtained in prior studies are adapted to the special circumstances of nonpermanent risk exposure. Thereby, the general principle followed is to maintain the same risk levels per time unit as for permanently occupied buildings. The adaptation is based on the statistical annual fatality rate, a life safety risk metric that allows for a consistent comparison of risks across different societal activities and technologies. It is shown that the target reliability indices taking account of the temporary use of buildings might be significantly higher than the values suggested for permanently used structures.     

The competing risks analysis for parallel and series systems using Type-II progressive censoring

Abstract

Recently, the study of the lifetime of systems in reliability and survival analysis in the presence of several causes of failure (competing risks) has attracted attention in the literature. In this paper, series and parallel systems with exponential lifetime for each item of the system are considered. Several causes of failure independently affect lifetime distributions and observations of failure times of the systems are considered under progressive Type-II censored scheme. For series systems, the maximum likelihood estimates of parameters are computed and confidence intervals for parameters of the model are obtained using Fisher information matrix. For parallel systems, the generalized EM algorithm which uses the Newton-Raphson algorithm inside the EM algorithm is used to compute the maximum likelihood estimates of parameters. Also, the standard errors of the maximum likelihood estimates are computed by using the supplemented EM algorithm. The simulation study confirms the good performance of the introduced approach.     

风险刑法理论研究中的错位与检讨

社会风险不能等同于刑法危险,但二者存在动态交叉关系,社会风险可以通过刑事政策转变为刑法中的危险。风险刑法首先是现代刑法应对风险过程中自觉的结果,是现代刑法体系的同质组成部分。从贝克划分社会形态的时间考虑,我国早已进入风险社会,且是全面而非局部风险社会。我国社会主要矛盾的转变使我国社会风险在质上表现为严重危害公共安全和公共利益,在量上表现为风险的相对增多,从刑法的应对上来看,似乎只能选择刑法提前介入。风险刑法理论的中国展开应该从实然和应然两个层面出发,前者旨在突出风险刑法的教义学研究,后者需要从社会风险自身的特点出发,有针对性地调整刑法体系,以期防控风险、创造安全。     

Understanding Cumulative Risk Perception from Judgments and Choices: An Application to Flood Risks

Catastrophic events, such as floods, earthquakes, hurricanes, and tsunamis, are rare, yet the cumulative risk of each event occurring at least once over an extended time period can be substantial. In this work, we assess the perception of cumulative flood risks, how those perceptions affect the choice of insurance, and whether perceptions and choices are influenced by cumulative risk information. We find that participants' cumulative risk judgments are well represented by a bimodal distribution, with a group that severely underestimates the risk and a group that moderately overestimates it. Individuals who underestimate cumulative risks make more risk‐seeking choices compared to those who overestimate cumulative risks. Providing explicit cumulative risk information for relevant time periods, as opposed to annual probabilities, is an inexpensive and effective way to improve both the perception of cumulative risk and the choices people make to protect against that risk.     

Efficacy of Risk-Based, Culturally Sensitive Ogaa (Walleye) Consumption Advice for Anishinaabe Tribal Members in the Great Lakes Region

The Great Lakes Indian Fish and Wildlife Commission (GLIFWC) has produced Ogaa (walleye— Sander vitreus ) consumption advisories since 1996 for Anishinaabe from GLIFWC member tribes in the 1837 and 1842 ceded territories of Wisconsin. GLIFWC's advisory maps were revised in 2005 to address cultural sensitivities (to protect tribal lifeways), to utilize recent mercury exposure information, and to incorporate changes in advisory levels for methyl mercury. Lake-specific, risk-based, culturally sensitive consumption advice was provided on color-coded maps for two groups: children under age 15 years and females of childbearing age, and males 15 years and older and females beyond childbearing age. The maps were distributed to, and a behavioral intervention program developed for, the six GLIFWC member tribes in Wisconsin as well as member tribes in Minnesota and the 1842 ceded territory of Michigan. Tribal fish harvesters, tribal health care providers, women of childbearing age or with young children, tribal leaders, elders, and children were targeted specifically for the behavioral intervention. The efficacy of the behavioral intervention was assessed using surveys of 275 tribal fish harvesters from Wisconsin, 139 tribal harvesters from Michigan and Minnesota, and 156 Wisconsin women of childbearing age. Significant increases in the percentage of survey participants who indicated awareness of advisory maps occurred among Wisconsin harvesters (increase from 60% to 77%), Michigan and Minnesota harvesters (29% to 51%), and women of childbearing age in Wisconsin (40% to 87%). A significant increase in preference for smaller Ogaa occurred among tribal harvesters in Wisconsin (41% to 72%) and tribal harvesters in Michigan and Minnesota (49% to 71%), although not among women of childbearing age. The GLIFWC map-based advisory program did not adversely affect tribal harvest of Ogaa, which increased from 63,000 to 88,000 fish in the three states after the intervention.     

Morality and Nuclear Energy: Perceptions of Risks and Benefits,Personal Norms,and Willingness to Take Action Related to Nuclear Energy

We examined factors underlying people's willingness to take action in favor of or against nuclear energy from a moral perspective. We conducted a questionnaire study among a sample of the Dutch population (N = 123). As expected, perceptions of risks and benefits were related to personal norms (PN), that is, feelings of moral obligation toward taking action in favor of or against nuclear energy. In turn, PN predicted willingness to take action. Furthermore, PN mediated the relationships between perceptions of risk and benefits and willingness to take action. In line with our hypothesis, beliefs about the risks and benefits of nuclear energy were less powerful in explaining PN for supporters compared to PN of opponents. Also, beliefs on risks and benefits and PN explained significantly more variance in willingness to take action of opponents than of supporters. Our results suggest that a moral framework is useful to explain willingness to take action in favor of and against nuclear energy, and that people are more likely to protest in favor of or against nuclear energy when PN are strong.     

Risk Perception in a Developing Country: The Case of Chile

In this work we characterize risk perception in Chile, based on the psychometric paradigm, exploring the difference between perceived social and personal risk. For this purpose, we conducted a survey including 54 hazards, 16 risk attributes, and 3 risk constructs. The survey, divided into four parts, was administered to 508 residents of Santiago, Chile. Using factor analysis, three main factors, which accounted for 80% of the sample's variance, were identified: factor 1, commonly called "Dread Risk" in the literature, explained 37% of variance; factor 2, "Unknown Risk," explained 28%; and factor 3, which we called "Personal Effect," explained 15% of the variance. On average, individuals perceived themselves as less exposed to risk and with more control and knowledge about them than the general population. OLS regression models were used to test the association of perceived risk with the three main factors. For social risk, factor 1 had the greatest explanatory power, while factor 2 had a negative sign. For personal risk, only factors 2 and 3 were significant, with factor 3 having the greatest explanatory power. Risk denial (defined as the difference between perceived personal and social risk) was associated with factors 1 and 2 only, with factor 2 having a negative sign. The difference between desired and actual regulation levels proved positive for all hazards, thus indicating that Chileans are dissatisfied with the current regulation level for all the hazards analyzed. The comparison of data at the aggregate and at the individual subject's level suggests that while the aggregate analysis overestimates the magnitude of the correlations it still reflects the tendency of the individual responses.     

论国际资本流动与金融危机的关系--兼析加入WTO后不断加剧的国际资本流动给我国带来的风险

20世纪90年代以来,各种类型的金融危机频繁爆发,对危机国乃至世界经济产生了巨大的影响。这些危机不但使国际学术界和各国政府都高度重视,而且也掀起了探索、研究金融危机的热潮。从国际资本流动的机制和国际资本流动的规模这两个角度,探析了国际资本流动与金融市场动荡和金融危机的关系,并分析了国际资本的充分流动,可能给加入WTO后的我国带来的风险与影响。