网络服务提供者著作权侵权中的双重注意义务

《民法典》侵权责任编对原有通知删除规则进行了科学修正，但事前保护缺位与事后救济程序失范的问题仍然存在。随着网络服务提供者完成角色转型和技术升级，其作为网络侵权风险的控制者和参与者，有必要且有能力承担未通知阶段的主动预防义务和已通知阶段的证明材料审查义务，以弥补著作权保护和用户利益保护的漏洞。双重注意义务应分别与网络服务提供者对侵权危险的预期和控制能力以及材料审查能力相适应。未通知阶段之注意义务以技术措施为主要履行方式，其注意标准的认定应综合考量技术水平、服务类型、内容介入程度、是否直接获取收益等要素，未尽该注意义务仅为过错认定的考量因素而非唯一标准，并不必然导致侵权责任。已通知阶段之注意义务仅限于对提交的证明材料进行形式审查和有限的实质审查，尽到此注意义务的，可以免于承担侵权责任。     

Identity and integration: The roles of relationship and retention in nonprofit mergers

Prior research suggests that nonprofits are flexible and possess multiple identities, although we know less about how transformative changes, such as mergers, shape nonprofit identity. This qualitative study draws upon in‐depth interviews from 13 nonprofit merger cases to explore factors that influence postmerger identity and integration. In particular, we focus on the roles of organizational similarity and relationships, program and personnel retention, and rebranding. Ultimately, we derive a typology of postmerger integration in nonprofits and suggest that postmerger identity may be classified in terms of absorption, preservation, or creation. Implications for nonprofit leaders are discussed.     

区块链技术下智能合约之于合同的新诠释

应用于交易领域的智能合约融入区块链技术,以代码形式表现,可实现合同履行的自动化和不可逆,超越了传统意义上的合同模式.自助行为说、代理说将智能合约视为对合同过程的外部增强,是侧面功能的法律阐释,并未完全捕捉到实质.智能合约并不一定跨越整个合同过程,也可仅是合同过程某个方面或某个阶段.法律意义上的智能合约不是合同新类型,而是合同关系形式的新发展,即当事人缔结和履行合同的新形式,合同性质未发生实质变化.智能合约满足特定要件构成特殊的书面形式,具有"书面形式+自动履行"功能的特质.民事主体通过智能合约形式订立合同应遵守《民法典》等现行法律的具体规则,以保证合同依法成立与生效.智能合约不等同于具有法律效力的合同,认定其效力应结合智能合约应用中的具体问题展开具体分析.从立法上确认智能合约,在符合国家现有法律、政策基础上编写和应用,实现形式的合法化、内容的规范化是该技术谋求长远发展的保障.技术起步的现阶段,纸质合同、一般电子合同与智能合约在不同方面发挥协作作用,会在未来一段时间内成为民事交往、商业交易的主要状态.     

Changes in work and care trajectories during the transition to motherhood

In most mid- and high-income countries, there have been significant demographic, structural, and cultural changes in the past decades. However, we know little about how these changes have shaped women's work patterns during a key life stage: the transition to motherhood. Using longitudinal data from Chile, covering over 30 years of employment histories and three periods of first births (1980–2010), I conduct sequence analysis to identify women's work-care trajectories during an eight-year period of the transition to motherhood. Over time, I find that continuous care work at home has declined, for which education plays a key role, while the chances of working continuously have not changed over time. Instead, I find an increasing trend of unsteady paths that combine paid work with either caretaking or unemployment. I discuss how these changes, as well as their association with education, have important implications for both gender and social inequality.     

Homosexual Discretion and Good Taste: Two Rules That Govern Homosexual Sociability Space in Santiago de Chile

Homosexual sociability space in Santiago is not socially homogenous. Beyond non-heterosexual identities segmentation (gay, lesbian, queer, BDSM, etc.), the present article proposes a reflection observing certain social distinctions or differences that come into play to create a hierarchy among gay and lesbian individuals within that space. Using a qualitative approximation, we analyze the discourse of homosexual men and women about ways to display homosexuality in different places in the city, as well as some sociability practices used in homosexual venues. The resulting social hierarchy is understood through two central subjective rules: discretion and good taste, dynamic mechanisms that perpetuate the distance among groups within the same sociability space, and to some extent reproduce the city’s class structure. Given that material means to privatize and sophisticate homosexual expression are unequally distributed in Santiago, the resulting differentiated social networks end up configuring the visibility strategies of homosexual identity played out in the city in the last years.     

孤独个体与向死而生——多元文化社会中《凡人》的身份认同

美国犹太裔作家菲利普·罗斯的《凡人》讲述了一个关于失去与孤独、疾病与死亡的故事。主人公作为一个犹太裔美国人,因其身份的特殊性与美国主流文化格格不入,显得格外孤独与痛苦,这种孤独个体的特性也贯穿了其一生。与此同时,在他的一生中无时无刻不在与疾病和死亡作斗争,体现了向死而生的特点,即在绝望中蕴含着希望。在美国多元文化社会中,主人公追寻的身份认同正是当代美国人普遍的生存状况,表现了普遍的生存困境。     

Overcoming Old in Age-Friendliness

In this article, we explore views on an age-friendly space in the Netherlands by analysing the responses of older individuals (N = 54) in focus groups and by examining the perspectives around an age-friendly zone in the Netherlands, Parkstad Limburg. We found that a central issue in the wishes for living at a later age are adjustments to envisioned physical limitations that come with the ageing process; this includes adjustments to ensure safety, accessibility and mobility, in order to facilitate older individuals' efforts to stay engaged with the world around them. In their wishes, the older participants constructed ideal dwelling places that closely resembled a senior home, but at the same time they rejected wishing to live in a place that was identified as a senior home. We explain this paradox by the representation of such a space as being for old people, i.e. needy older individuals, which was not how the older participants wished to be identified. We conclude that the conception of age-friendly environments will have to face the difficult challenge of overcoming the association with old age, while simultaneously taking into account adjustments that signify and relate to the ageing process and that seem inescapably tied to oldness.     

金诗学唐的历程

金代诗歌在受苏轼等宋代诗人的影响之外 ,也受到唐诗的浸润。本文依据金诗发展变化的自身情况 ,考察了金诗学唐的历程。文中将金诗学唐分为金初“借才异代”时期、“国朝文派”时期、金代后期等三个阶段 ,做了比较详细的论述 ,从一个方面展示了金诗发展的轨迹 ,揭示了金诗的某些重要特点 ,对于我们深入地认识金诗是有裨益的     

Stigma, HIV/AIDS and prevention of mother-to-child transmission in Zambia

This report evaluates the extent of perceived and enacted HIV/AIDS-related stigma in a rural setting in Zambia. Stigmatisation is abundant, ranging from subtle actions to the most extreme degradation, rejection and abandonment. Women with HIV and pregnant women assumed to be HIV positive are repeatedly subjected to extensive forms of stigma, particularly once they become sick or if their child dies. Despite increasing access to prevention of mother to child transmission initiatives, including anti-retroviral drugs, the perceived disincentives of HIV testing, particularly for women, largely outweigh the potential gains from available treatments. HIV/AIDS related stigma drives the epidemic underground and is one of the main reasons that people do not wish to know their HIV status. Unless efforts to reduce stigma are, as one peer educator put it, “written in large letters in any HIV/AIDS campaign rather than small”, stigma will remain a major barrier to curbing the HIV/AIDS pandemic.     

Heavenly Monsters: The Politics of the Male Body in the Naked Issue of Attitude Magazine

The male body in contemporary gay culture is subordinated to distinct aesthetic and ethical norms that reflect an all-male idolization of the young, muscular, smooth, and transcendent physique. The queer body is manipulated in different techniques including daily work at the gym, diet, hair supplement/removal, tanning, and dying. Liberating the body from heteronormative oppression does not necessarily guarantee the liberation of the (gay) body from other powerful systems that produce and commercialize body fascism. This article problematizes these body politics and economy of identity focusing on the naked issue of Attitude (October 1999), a six-year-old British life-style glossy magazine. This analysis mainly focuses on the illuminating interview with five gay men who express their intimate feelings and criticize the body worship in the gay media: an over-weight man, a skinny man, a psoriasis sufferer, an old and heavily tattooed and pierced man, and a bodybuilder who works as an escort.