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Monday, March 20, 2006

The French National Assembly is to adopt a bill, known as DADVSI (« Droits d’Auteurs et Droits Voisins de la Société de l’Information », “author’s right and related rights in the information society”), tomorrow. This bill reforms the French code of intellectual property (CPI) and other laws, mostly in order to implement the 2001 European directive on copyright.

The directive mandates legal protections of Digital rights management (DRM) measures against circumvention. DRMs are “digital locks” that prevent users from freely copying or playing contents, in order to enforce the copyright of the authors, artists, publishers and producers. The initial draft of the bill, proposed by Minister of Culture Renaud Donnedieu de Vabres, made circumvention of DRMs, or even facilitation thereof, a felony (délit), with a maximal penalty of 3 years in prison and/or a €300,000 fine as with counterfeiting. Since DRMs, circumvention and facilitations were not legally defined, it was feared that the law would effectively prevent competitors from creating players, especially based on free software, compatible with major systems such as Apple’s iPod or Microsoft’s Windows Media Player — or even to prevent the creation of any free software capable of loading files with DRM capabilities, that is, potentially most future text, audio or video file formats.

The initial draft also conserved the threat of a counterfeiting felony conviction for those exchanging copyrighted files on the Internet. This was judged to be unfairly repressive and unrealistic. In France, it is commonplace for Internet users to have broadband up to 16 megabits per second in cheaply priced (€30 a month or lower) ADSL packages, often comprising VoIP phone and television ; millions of users, especially the young, are believed to use peer-to-peer file sharing software. Lawmakers, from both the majority UMP party and the opposition, found it unwise to turn millions of citizens into potential felons. As a consequence, the Minister proposed a “gradual” scheme where mere downloading of one file would be punishable by a €38 fine, which was adopted as an amendment. It remains to be seen how the law will be enforced.

With respects to DRMs, lawmakers from both the majority UMP party, the centrist Union for French democracy and the opposition adopted amendments that make it compulsory for publishers of DRM-encumbered content to give the specifications to whomever would like to implement a compatible player. This proposal was decried by some US news sources as targeting Apple Computer’s iTunes system, tied to the iPod players. It is yet unknown, though, if these amendments would apply to companies that choose not to claim the new special protection awarded to DRMs by the law, which enable them to sue those who implement software meant to circumvent their protections.

Lawmakers also expressed concerns that the proposed law would weaken existing legal exceptions to copyright, especially the right for users to make copies of copyrighted files for private use (CPI L122-5).

The lawmaking process was quite a bumpy one. In December, lawmakers adopted a surprise amendment that would legalize peer-to-peer sharing as “private copy”, much to the dismay of the Minister of Culture. The amendment, proposed by a bipartisan coalition of majority UMP and opposition lawmakers, was the first in a series that would have established a system known as the “global license” through which Internet users would have paid a flat fee in exchange for an authorization to use peer-to-peer services. The fees collected would be redistributed to authors and performers. In March, the Minister tried to withdraw article 1 of the law, which was the one that was amended to his dislike, but the next day he had to reintroduce it because withdrawing it may have been unconstitutional. The Assembly then voted the article down and adopted an Article 1 “bis”, essentially an amended version of article 1 without the legalization of peer-to-peer sharing.

The law, initially presented as an uncontroversial, technical text, soon became a hot topic. Some lawmakers, both from the opposition and the majority, decried intense lobbying by the entertainment industry. Some amendments were nicknamed the “Vivendi Universal amendment”, from the name of a major entertainment company that some lawmakers and commentators claim has inspired them. UMP lawmakers such as Bernard Carayon denounced pressures and even blackmail from some powerful lobbies.

The Assembly will very probably adopt the bill on March 21, despite the opposition of some UMP, UDF and opposition lawmakers. The bill will then be sent to the French Senate for further amendment and approval. Since the government declared the bill to be urgent, it is probably that after examination by the Senate, the bill will be sent to a mixed Assembly/Senate commission for harmonization, then finally voted. Given that some UMP and opposition lawmakers have voiced concerns about the constitutionality of some episodes of the lawmaking process, it is likely that the bill will get sent to the Constitutional Council for constitutional review. Finally, president Jacques Chirac is likely to sign it into law.

Tuesday, March 29, 2005A team of Australian surgeons yesterday reattached both hands and one foot to 10-year-old Perth boy, Terry Vo, after a brick wall which collapsed during a game of basketball fell on him, severing the limbs. The wall gave way while Terry performed a slam-dunk, during a game at a friend’s birthday party.

The boy was today awake and smiling, still in some pain but in good spirits and expected to make a full recovery, according to plastic surgeon, Mr Robert Love.

“What we have is parts that are very much alive so the reattached limbs are certainly pink, well perfused and are indeed moving,” Mr Love told reporters today.

“The fact that he is moving his fingers, and of course when he wakes up he will move both fingers and toes, is not a surprise,” Mr Love had said yesterday.

“The question is more the sensory return that he will get in the hand itself and the fine movements he will have in the fingers and the toes, and that will come with time, hopefully. We will assess that over the next 18 months to two years.

“I’m sure that he’ll enjoy a game of basketball in the future.”

The weight and force of the collapse, and the sharp brick edges, resulted in the three limbs being cut through about 7cm above the wrists and ankle.

Terry’s father Tan said of his only child, the injuries were terrible, “I was scared to look at him, a horrible thing.”

The hands and foot were placed in an ice-filled Esky and rushed to hospital with the boy, where three teams of medical experts were assembled, and he was given a blood transfusion after experiencing massive blood loss. Eight hours of complex micro-surgery on Saturday night were followed by a further two hours of skin grafts yesterday.

“What he will lose because it was such a large zone of traumatised skin and muscle and so on, he will lose some of the skin so he’ll certainly require lots of further surgery regardless of whether the skin survives,” said Mr Love said today.

The boy was kept unconscious under anaesthetic between the two procedures. In an interview yesterday, Mr Love explained why:

“He could have actually been woken up the next day. Because we were intending to take him back to theatre for a second look, to look at the traumatised skin flaps, to close more of his wounds and to do split skin grafting, it was felt the best thing to do would be to keep him stable and to keep him anaesthetised.”

Professor Wayne Morrison, director of the respected Bernard O’Brien Institute of Microsurgery and head of plastic and hand surgery at Melbourne’s St Vincent’s Hospital, said he believed the operation to be a world first.

Saturday, July 19, 2008

This year’s Leisure Taiwan trade show (a.k.a Taiwan Sport Recreation and Leisure Show) started yesterday, with 131 companies participating including sports media companies such as ESPN and VideoLand Television, businesses selling sports equipment and fitness clubs.

There were also a variety of sports being played in the arena built for the trade show. The events included a 3-on-3 basketball tournament, free style shooting, and bicycle test-riding. In addition, conferences discussed issues related to sports and physical education.

A major topic in the trade show was energy-efficiency and, as a result, bicycles and similar sports equipment were being heavily promoted.

Next Tuesday, companies from the electronics industry plan to promote their industry at “2008 Digital E-Park.” In previous years, organizations from the electronics industry have showcased their products at Leisure Taiwan instead of at the Digital E-Park, so this move has reduced the number of markets covered by Leisure Taiwan.

Monday, October 20, 2008

In an interview with Público, a Spanish newspaper, the prime minister of Spain, Jose Luis Rodriguez Zapatero, has stated that ” if there is a global recession, it seems logical to expect that Spain will enter the recession in 2009 .”

In the interview Zapatero also described the worldwide economic situation as “difficult.” He recognized that ” the developed countries are or are going to experience negative growth, and developing countries are also going to see falling growth; resulting in a worldwide loss of jobs.”

Regarding the global financial situation, Zapatero continued by saying that “the financial system is a part of the economy, a crucial part. We have a year-long financial crisis, which has had its most acute moment in the past two months, and I think now the financial markets are beginning to recover.”

Asked about whether it would be desirable to another plan to help those overwhelmed by the size of their mortgage, Zapatero reiterated the falls in the Euro Interbank Offered Rate .

Zapatero then claimed that the average Spanish citizen would see their mortgage decrease by €28 a month (€330 per year) as result of the recent drops in interest rate, lead by seven central banks, including the European Central Bank which covers Spain, dropped their interest rate by 0.5%.

The prime minister then said that he was pleased with the role of Spain in the recent summits discussing the financial crisis, before adding that he believes the European Union will lead the way in solving the current issues in the markets.

Monday, May 18, 2009

A judge in Minneapolis, Minnesota, United States ruled that a boy, Daniel Hauser, has been medically neglected by his parents and must take chemotherapy and radiation therapy for his cancer against his will.

Medical professionals testifying at the proceedings said that Daniel’s cancer, Hodgkin’s lymphoma, has a 90% survival rate with modern treatment, but only a 10% chance of survival without it.

The judge declared that the ruling was because there was a “compelling state interest in the life and welfare of Daniel sufficient to override the fundamental constitutional rights of both the parents and Daniel to the free exercise of religion and the due process right of the parents to direct the religious and other upbringing of their child.” as noted in his 60 page verdict.

The boy lives in Sleepy Eye, Minnesota and his mother is a member of the Nemenhah, a Native American style group that opposes medical practices that it believes to “harm the body.”

His parents first brought him for one out of six chemotherapy treatments and then refused to have the rest. In an initial filing, Daniel said that he was a medicine man and he himself made the decision to refuse the chemotherapy. An important question in the case was whether Daniel truly made the decision to refuse treatment, or whether he was pressured by his parents.

A vital piece of evidence was presented by a Thomas Sinas, an attorney for the boy’s court appointed guardian who doubted Daniel’s religious beliefs. Daniel also gave closed door testimony to the judge. The statement was released, and stated that Daniel’s faith wasn’t genuine, that he was shaken by the effects of his aunt’s chemotherapy.

“This matter … involves a 13-year-old child who has only a rudimentary understanding at best of the risks and benefits of chemotherapy,” said Judge John Rodenberg, “He genuinely opposes the imposition of chemotherapy. However, he does not believe he is ill currently. The fact is that he is very ill currently.”

Daniel’s court-appointed defense attorney, Philip Elbert, said, “I feel it’s a blow to families, it marginalizes the decisions that parents face every day in regard to their children’s medical care. It really affirms the role that big government is better at making our decisions for us.”

Daniel’s parents will be required to give him a chest X-ray and proceed to give him chemotherapy and radiation therapy if a doctor says that they would still be effective. If they refuse to comply, Daniel will be taken into custody.

Daniel’s mother, Colleen Hauser, said, “If Daniel resists, it is a great question of how he will be treated. He may have to be sedated and that brings up the issue of forced treatment.”

The judge said that the court has a right to force treatment because Daniel does not understand his illness and the risks and benefits of therapy enough to create an informed consent.