论TRIPS协议中“三步检验法”存废之争和解决途径

TRIPS协议第13条"三步检验法"作为著作权限制和例外制度的总指导,在具体司法实践中多采用严格解释,大大局限了限制制度和例外制度的适用。对此问题,国外学界对三步检验法存在的必要性进行了激烈讨论,存废之争不绝于耳。《平衡解释"三步检验法"宣言》的产生标志着三步检验法作为普适性标准迈入新阶段,具有十分重要的价值和意义。同时,这一变化对我国著作权法第三次修订也具有积极影响。

Influence of joint spacing and rock characteristics on the toppling stability of cut rock slope through a simplified limit equilibrium method

Toppling failure of rock mass/soil slope is an important geological and environmental problem.Clarifying its failure mechanism under different conditions has great significance in engineering.The toppling failure of a cutting slope occurred in a hydropower station in Kyushu,Japan illustrates that the joint characteristic played a significant role in the occurrence of rock slope tipping failure.Thus,in order to consider the mechanical properties of jointed rock mass and the influence of geometric conditions,a simplified analytical approach based on the limit equilibrium method for modeling the flexural toppling of cut rock slopes is proposed to consider the influence of the mechanical properties and geometry condition of jointed rock mass.The theoretical solution is compared with the numerical solution taking Kyushu Hydropower Station in Japan as one case,and it is found that the theoretical solution obtained by the simplified analysis method is consistent with the numerical analytical solution,thus verifying the accuracy of the simplified method.Meanwhile,the Goodman-Bray approach conventionally used in engineering practice is improved according to the analytical results.The results show that the allowable slope angle may be obtained by the improved Goodman-Bray approach considering the joint spacing,the joint frictional angle and the tensile strength of rock mass together.

恢复版权法自身的平衡——介绍美国有关技术措施的三个新议案

在电影业、唱片业和出版业的敦促之下，美国国会于1998年通过了《数字千年版权法》。虽然该法在应对数字和网络技术对版权法带来的挑战方面起到十分重要的作用，但从诞生之初批评也随之而来。该法遭到批评最多的就是著名的有关技术措施的第1201条，论者普遍认为该条规定过于倾向于版权人，忽视了消费者的利益，

Prediction of Injection-Production Ratio with BP Neural Network

Injection of water to enhance oil production is commonplace, and improvements in understanding the process are economically important. This study examines predictive models of the injection-to-production ratio. Firstly, the error between the fitting and actual injection-production ratio is calculated with such methods as the injection-production ratio and water-oil ratio method, the material balance method, the multiple regression method, the gray theory GM (1,1) model and the back-propogation (BP) neural network method by computer applications in this paper. The relative average errors calculated are respectively 1.67%, 1.08%, 19.2%, 1.38% and 0.88%. Secondly, the reasons for the errors from different prediction methods are analyzed theoretically, indicating that the prediction precision of the BP neural network method is high, and that it has a better self-adaptability, so that it can reflect the internal relationship between the injection-production ratio and the influencing factors. Therefore, the BP neural network method is suitable to the prediction of injection-production ratio.

Joint eigenvalue estimation by balanced simultaneous Schur decomposition

The problem of joint eigenvalue estimation for the non-defective commuting set of matrices A is addressed. A procedure revealing the joint eigenstructure by simultaneous diagonalization of. A with simultaneous Schur decomposition （SSD） and balance procedure alternately is proposed for performance considerations and also for overcoming the convergence difficulties of previous methods based only on simultaneous Schur form and unitary transformations, it is shown that the SSD procedure can be well incorporated with the balancing algorithm in a pingpong manner, i. e., each optimizes a cost function and at the same time serves as an acceleration procedure for the other. Under mild assumptions, the convergence of the two cost functions alternately optimized, i. e., the norm of A and the norm of the left-lower part of A is proved. Numerical experiments are conducted in a multi-dimensional harmonic retrieval application and suggest that the presented method converges considerably faster than the methods based on only unitary transformation for matrices which are not near to normality.

COMPENSATION CONTROL OF REAL-TIME UNBALANCE FORCE FOR ACTIVE MAGNETIC BEARING SYSTEM

Aiming at the stability and others properties of active magnetic bearing （AMB） system influenced by the periodic unbalance stimulation synchronous with rotor rotational speed, a new real-time adaptive feed-forward unbalance force compensation scheme is proposed based on variable step-size least mean square（LMS） algorithm as the feed-forward compensation controller. The controller can provide some suitable sinusoidal signals to com- pensate the feedback unbalance response signals synchronous with the rotary frequency, then reduce the fluctua- tion of the control currents and weaken the active control of AMB system. The variable step-size proportional to the rotational frequency is deduced by analyzing the principle of normal LMS algorithm and its deficiency in the application of real-time filtering of AMB system. Experimental results show that the new method can implement real-time unbalance force compensation in a wide frequency band, reduce the effect of unbalance stimulant force on the housing of AMB system, and provide convenience to improve rotational speed.

RESEARCH ON MATRIX CRACK EVOLUTION OF CROSS-PLY CERAMIC MATRIX COMPOSITE

The matrix crack evolution of cross-ply ceramic matrix composites under uniaxial tensile loading is investigated using the energy balance method.Under tensile loading,the cross-ply ceramic matrix composites have five damage modes.The cracking mode 3 contains transverse cracking,matrix cracking and fiber/matrix interface debonding.The cracking mode 5 only contains matrix cracking and fiber/matrix interface debonding.The cracking stress of modes 3 and 5 appearing between existing transverse cracks is determined.And the multiple matrix crack evolution of mode 3 is determined.The effects of ply thickness,fiber volume fraction,interface shear stress and interface debonding energy on the cracking stress and matrix crack evolution are analyzed.Results indicate that the cracking mode 3 is more likely to appear between transverse cracks for the SiC/CAS material.

A strength reduction method based on double reduction parameters and its application

In the traditional strength reduction method,the cohesion and the friction angle adopt the same reduction parameter,resulting in equivalent proportional reduction.This method does not consider the different effects of the cohesion and friction angle on the stability of the same slope and is defective to some extent.Regarding this defect,a strength reduction method based on double reduction parameters,which adopts different reduction parameters,is proposed.The core of the double-parameter reduction method is the matching reduction principle of the slope with different angles.This principle is represented by the ratio of the reduction parameter of the cohesion to that of the friction angle,described as η.With the increase in the slopeangle,ηincreases; in particular,when the slope angle is 45°,tηis 1.0.Through the matching reduction principle,different safety margin factors can be calculated for the cohesion and friction angle.In combination with these two safety margin factors,a formula for calculating the overall safety factor of the slope is proposed,reflecting the different contributions of the cohesion and friction angle to the slope stability.Finally,it is shown that the strength reduction method based on double reduction parameters acquires a larger safety factor than the classic limit equilibrium method,but the calculation results are very close to those obtained by the limit equilibrium method.

Feasibility of flue-gas desulfurization by manganese oxides

For the purpose of effective and economic desulfurization of flue-gas, the predominance area diagram of the Mn-S-O system at different temperatures was constructed based on the thermodynamic data obtained from the literatures. It is seen from this figure that flue-gas desulfurization by manganese oxides is feasible from the thermodynamic point of view. Additionally, the most appropriate temperature range for flue-gas desulfurization is between 600 and 800 K, and the reaction is strongly exothermic to maintain the heat balance. The natural manganese ores encompass large tunnels that exhibit large surface areas and highly chemical activity, which can provide a high enough SO2 removing efficiency. From the superposition of the diagrams of Mn-S-O and Fe-S-O systems, it is found that there is a coexistent stability region of MnSO4 and Fe2O3, which provides the possibility of desulfurization by selective sulfation without ferric sulfate forming. A multi-stage desulfurization system has been discussed briefly.

All Single Traveling Wave Solutions to （3＋1）-Dimensional Nizhnok-Novikov-Veselov Equation

Using elementary integral method, a complete classification of all possible exact traveling wave solutions to （3＋1）-dimensional Nizhnok-Novikov-Veselov equation is given. Some solutions are new.

Energy Balance-Based SWAT Model to Simulate the Mountain Snowmelt and Runoff——Taking the Application in Juntanghu Watershed(China) as an Example

In order to predict long-term flooding under extreme weather conditions in central Asia, an energy balance-based distributed snowmelt runoff model was developed and coupled with the Soil and Water Assessment Tool(SWAT) model. The model was tested at the Juntanghu watershed on the northern slope of the Tian Shan Mountains, Xinjiang,China. We compared the performances of temperature-index method and energy balanced method in SWAT model by taking Juntanghu river basin as an application example(as the simulation experiment was conducted in Juntanghu River, we call the energy balanced method as SWAT-JTH). The results suggest that the SWAT snowmelt model had overall Nash-Sutcliffe efficiency(NSE) coefficients ranging from 0.61 to 0.85 while the physical based approach had NSE coefficients ranging from 0.58 to0.69. Overall, on monthly scale, the SWAT model provides better results than that from the SWAT-JTH model. However, results generated from both methods seem to be fairly close at a daily scale. Thestructure of the temperature-index method is simple and produces reasonable simulation results if the parameters are well within empirical ranges. Although the data requirement for the energy balance method in current observation is difficult to meet and the existence of uncertainty is associated with the experimental approaches of physical processes, the SWAT-JTH model still produced a reasonably high NSE. We conclude that using temperature-index methods to simulate the snowmelt process is sufficient, but the energy balance-based model is still a good choice to simulate extreme weather conditions especially when the required data input for the model is acquired.

Determination of initial cable force of cantilever casting concrete arch bridge using stress balance and influence matrix methods

Cantilever casting concrete arch bridge using form traveller has a broad application prospect.However,it is difficult to obtain reasonable initial cable force in construction stage.In this study,stress balance and influence matrix methods were developed to determine the initial cable force of cantilever casting concrete arch bridge.The stress balance equation and influence matrix of arch rib critical section were established,and the buckle cable force range was determined by the allowable stress of arch rib critical section.Then a group of buckle cable forces were selected and substituted into the stress balance equation,and the reasonable initial buckle cable force was determined through iteration.Based on the principle of force balance,the initial anchor cable force was determined.In an engineering application example,it is shown that the stress balance and influence matrix methods for the determination of initial cable force are feasible and reliable.The initial cable forces of arch rib segments only need to be adjusted once in the corresponding construction process,which improves the working efficiency and reduces the construction risk.It is found that the methods have great advantages for determining initial cable force in cantilever casting construction process of concrete arch bridge.

A Generalized Limit Equilibrium Method for the Solution of Active Earth Pressure on a Retaining Wall

In this paper, a generalized limit equilibrium method of solving the active earth pressure problem behind a retaining wall is proposed.Differing from other limit equilibrium methods, an arbitrary slip surface shape without any assumptions of pre-defined shapes is needed in the current framework, which is verified to find the most probable failure slip surface. Based on the current computational framework, numerical comparisons with experiment, discrete element method and other methods are carried out. In addition, the influences of the inclination of the wall, the soil cohesion, the angle of the internal friction of the soil, the slope inclination of the backfill soil on the critical pressure coefficient of the soil, the point of application of the resultant earth pressure and the shape of the slip surface are also carefully investigated. The results demonstrate that limit equilibrium solution from predefined slip plane assumption, including Coulomb solution, is a special case of current computational framework. It is well illustrated that the current method is feasible to evaluate the characteristics of earth pressure problem.

Stability of boundary pillars in transition from open pit to underground mining

Based on the height of back-filled materials, thickness of ore body, height of boundary pillar and dipping angle of ore body and water pressure, the safety factors of all the pillars are calculated with the limit equilibrium method. The calculation results present that the safety factors of pillars in Sections 19, 20, 24, 28 are less than 1.3, and those of unstable sections are identified preliminarily. Further, a numerical investigation in Sections 18, 20, 22, 24, 25 and 28 implemented with numerical code RFPA20 is employed to further validate the pillar performance and the stability of stopes. The numerical results show the pillars in Sections 18, 22 and 24 are stable and the designed pillar size is suitable. The width of the ore body near Section 28 averages 20 m, failure occurs in the left stope, but the boundary pillars near Section 28 maintain good performance. The pillars in Sections 20 and 25 are unstable which are mainly affected by the Faults F8 and F18. The existence of faults alters the stress distribution, failure mode and water inrush pathway. This work provides a meaningful standard for boundary pillar and stope design in a mine as it transitions from an open pit to underground.

A Dynamic Load Balancing Method of Cloud-Center Based on SDN

In order to balancing based on data achieve dynamic load flow level, in this paper, we apply SDN technology to the cloud data center, and propose a dynamic load balancing method of cloud center based on SDN. The approach of using the SDN technology in the current task scheduling flexibility, accomplish real-time monitoring of the service node flow and load condition by the OpenFlow protocol. When the load of system is imbalanced, the controller can allocate globally network resources. What＇s more, by using dynamic correction, the load of the system is not obvious tilt in the long run. The results of simulation show that this approach can realize and ensure that the load will not tilt over a long period of time, and improve the system throughput.

Spectral Shift of π→π^＊ Transition for p-Nitroaniline Based on a New Expression of Nonequilibrium Solvation Energy

According to the nonequilibrium solvation theory studies, a constrained equilibrium principle is introduced and applied to the derivations of the nonequilibrium solvation energy, and a reasonable expression of the spectral shift of the electronic absorption spectra is deduced. Furthermore, the lowest transition of p-nitroaniline （pNA） in water is investigated by time-dependent density functional theory method. In addition, the details of excited state properties of pNA are discussed. Using our novel expression of the spectral shift, the value of -0.99 eV is obtained for π→π^＊ transition in water, which is in good agreement with the available experimental result of -0.98 eV.

终端区进场流的路径选择研究

在实际运行中,通常依据管制员的经验对进场航班流的路径进行管理,缺乏科学性。针对终端区进场流的路径选择与进场排序的流量管理问题,以进场航班的总完成时间最短为目标,建立基于时间窗与位置约束的路径选择与排序的数学模型。采用先选择路径再排序的循环寻优的方法进行求解,将禁忌搜索(TS)与排序算法相结合,设计了TS-FCFS与TS-DP两种算法,着重建立了基于关键路径的邻域结构,并加入有效的重置(RESTAR)策略,使算法快速有效的收敛至最优解。最后借助SIMMOD仿真平台验证算法的可行性。以北京首都机场21架航班为例,仿真结果显示,TS-FCFS与TS-DP两种方法较原计划的进场路径总完成时间分别节约了149s与175s。该路径选择算法降低了进场时间,提高了终端区进场效率。通过合理优化进场航班流的路径选择与进场排序,平衡了跑道负荷,减少了航空器间潜在的冲突,同时为管制员调配进场航班流提供了合理有效的路径选择建议。

Discrete element approach for mine dump stability analysis

Mine overburden dumps have posed significant safety issues in the operations of various unit operations of open pit min-ing especially the external dumps. The external dumps are composed of a mixture of fragmented rocks and loose soil. Their charac-teristic is comparable to heavily discontinuous solid mass. The conventional approach of limit equilibrium methods provide safety factors for the slope but nothing about the stress-strain characteristics of the large dump mass. The designs of dump location and their respective geometry are integrated for the know-how of the stability characteristics of these dumps. The discrete element method uses a circular disk to represent the granular solid mass and their interactions are described by the Newton’s third law of motion. The displacement is described by the sliding of the circular disk. This work is focused on the modeling efficiency of the discrete element methods to represent the behaviour of mine dump masses with the specified joint plane for the limit equilibrium method. The advantage of the work lies on the ease of information retrieval at any point at the dump mass concerning the stress and strain histories, displacement, failures etc. which when integrated produces a better understanding of the stability of the dump masses.

Three-dimensional stability of landslides based on local safety factor

Unlike the limit equilibrium method(LEM), with which only the global safety factor of the landslide can be calculated, a local safety factor(LSF) method is proposed to evaluate the stability of different sections of a landslide in this paper. Based on three-dimensional(3D) numerical simulation results, the local safety factor is defined as the ratio of the shear strength of the soil at an element on the slip zone to the shear stress parallel to the sliding direction at that element. The global safety factor of the landslide is defined as the weighted average of all local safety factors based on the area of the slip surface. Some example analyses show that the results computed by the LSF method agree well with those calculated by the General Limit Equilibrium(GLE) method in two-dimensional(2D) models and the distribution of the LSF in the 3D slip zone is consistent with that indicated by the observed deformation pattern of an actual landslide in China.

Conversion factor analysis of self-balanced loading test of cast-in-situ piles based on analogue test method

Based on the characteristics of pile-soil interaction and the Mohr-Coulomb strength theory,a new method of determining the side friction at a pile-soil interaction is proposed.Combined with the actual engineering cases,the effectiveness of the analogue test method is verified by comparing it with the traditional anchor pile method and self-balanced method.Taking the self-balanced test of the bridge pile foundation in the Songhua River as an example,the conversion factor of sandy soil and weathered mudstone are confirmed by the analogue test method.The results show that the conversion factor of sandy soil and weathered mudstone in the Songhua River area should consider the geological conditions and the construction technology,etc.The standard values are relatively conservative.It is suggested that the engineering application should be properly revised.The recommended range of the conversion factor of sandy soil in this area is 0.65 to 0.85,and that of weathered mudstone is 1.0.