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机器学习作品的著作权法分析——非作品性使用、合理使用与侵权使用 被引量:26
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作者 李安 《电子知识产权》 CSSCI 2020年第6期60-70,共11页
新一代人工智能技术的核心是以数据训练算法为特征的机器学习。受著作权保护的作品是算法训练的重要数据资源,机器批量化学习作品面临着著作权侵权问题。仅以合理使用制度来消解机器学习作品的著作权责任,是对复杂问题的简单处理,存在... 新一代人工智能技术的核心是以数据训练算法为特征的机器学习。受著作权保护的作品是算法训练的重要数据资源,机器批量化学习作品面临着著作权侵权问题。仅以合理使用制度来消解机器学习作品的著作权责任,是对复杂问题的简单处理,存在不足。未经许可的作品使用分为“非作品性使用、合理使用、侵权使用”三种类型,机器学习有“非表达型、普通的表达型、特殊的表达型”三个类别。非表达型机器学习不是在著作权法意义上使用作品(非作品性使用),不负著作权侵权责任;表达型机器学习虽是在著作权法意义上使用作品,但原则上可构成合理使用免除著作权侵权责任;不过,以模仿特定作者为目的的表达型机器学习除外,未经授权使用作品应负侵权责任。 展开更多
关键词 人工智能 机器学习 作品性使用 合理使用 侵权使用
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文学与书法的“作品性”
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作者 詹冬华 余贞伟 《中国书法》 CSSCI 2020年第12期189-190,共2页
文学与书法的关系素为学界所重视,但因受西方美学观念的影响,当代书法在一定程度上偏离了自身的人文传统,被作为视觉艺术而归于美术学畛域;书法的"作品性"也局限于点画、间架、线条、章法等方面,而对文字内容在参与作品的整... 文学与书法的关系素为学界所重视,但因受西方美学观念的影响,当代书法在一定程度上偏离了自身的人文传统,被作为视觉艺术而归于美术学畛域;书法的"作品性"也局限于点画、间架、线条、章法等方面,而对文字内容在参与作品的整体构成所发挥的作用不甚重视。事实上,文学与书法原本是美学近亲,二者理应协同营构文笔双美的艺术意境。当代书法应广泛吸纳文学的美学营养,恢复作品的"阅读性",提倡"我手写我口",继而实现书法作品的"形式意味"与"内容意味"的有机统一。 展开更多
关键词 文学 书法 作品性 内容意味
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网络著作权若干问题研究 被引量:24
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作者 李永明 叶慧霖 《浙江大学学报(人文社会科学版)》 CSSCI 北大核心 2001年第6期117-125,共9页
网络著作权问题不仅涉及到激励创作和繁荣科学文化的问题 ,而且还关系到网络业界和整个信息产业的发展 ,对此问题予以深入的研究 ,可为我国修订著作权法提供理论思路和依据 ,具有十分重要的意义。网页及网页集合可以构成汇编作品 ;在线... 网络著作权问题不仅涉及到激励创作和繁荣科学文化的问题 ,而且还关系到网络业界和整个信息产业的发展 ,对此问题予以深入的研究 ,可为我国修订著作权法提供理论思路和依据 ,具有十分重要的意义。网页及网页集合可以构成汇编作品 ;在线交互式作品是网络条件下特有的作品新形式 ,其权利应归属于投资者 ;可以由网络服务商提供证明资料来确定网络作品的作者身份 ;在著作财产权中应增设一项网络传输权 ;此外 ,还应增加著作人身权应当善意行使等原则 。 展开更多
关键词 在线交互式 网络传输权 人身权 网络著 网页 作品性 网络 权法
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生成式人工智能机器学习的版权困境及其制度因应
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作者 吴家煦 来小鹏 《编辑之友》 CSSCI 北大核心 2024年第11期96-104,共9页
生成式人工智能机器学习所引发的著作权法争议,本质是传统版权产业与新兴人工智能产业之间的利益分配争议。机器学习行为类型化的技术特征以及合理使用制度步骤式的适用逻辑,决定了对该问题应当按照分类分步的思路进行处理。在前置的行... 生成式人工智能机器学习所引发的著作权法争议,本质是传统版权产业与新兴人工智能产业之间的利益分配争议。机器学习行为类型化的技术特征以及合理使用制度步骤式的适用逻辑,决定了对该问题应当按照分类分步的思路进行处理。在前置的行为定性问题上,机器学习可分为非表达型和表达型两类,前者属于非作品性使用无侵权责任;后者因属于作品性使用而落入著作权专有权利控制范畴,存在侵权使用与合理使用之分。在后续的规则设置问题上,基于经济分析路径,非商业性目的的机器学习符合“三步检验法”标准,属于合理使用范畴;商业性目的的机器学习虽不满足合理使用条件,但仍能通过产业主体间私人自治的版权规则构建实现合法化转型。 展开更多
关键词 生成式人工智能 机器学习 作品性使用 合理使用 法定许可
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“事件”与“作品”——中国传统音乐的二重存在方式
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作者 刘承华 《中国音乐学》 CSSCI 北大核心 2024年第3期106-115,共10页
哲学对世界的理解在20世纪初已从“实体”本体论走向“事件”本体论,其中“事件性存在”更能够反映中国传统音乐存在方式的真实状况和解释路径。这种存在方式包含着音乐的“在事件中产生”“因事件而产生”和“在事件中呈现”三种形态。... 哲学对世界的理解在20世纪初已从“实体”本体论走向“事件”本体论,其中“事件性存在”更能够反映中国传统音乐存在方式的真实状况和解释路径。这种存在方式包含着音乐的“在事件中产生”“因事件而产生”和“在事件中呈现”三种形态。自20世纪以来,传统音乐在很大程度上经历了从“事件”到“作品”的转换,形成“事件性存在”和“作品性存在”兼备的“二重存在方式”。这两种方式各有其价值,但从根本上说,着眼“事件性存在”才是理解和弘扬传统音乐的根本之道。 展开更多
关键词 “事件哲学” 事件性存在 作品性存在 二重存在方式 中国传统音乐
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A New Hot Pepper Cultivar Hangjiao Hongfeng 被引量:1
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作者 罗爱玉 张红宾 +2 位作者 张建东 丁耀宏 于铁峰 《Agricultural Science & Technology》 CAS 2016年第3期516-517,共2页
Hangjiao Hongfeng is a new hot pepper F1 hybrid cultivar which is bred with the cytoplasmic male sterile line 11066 AH as the female parent and the restoringline 11044 CH as the male parent. Its fruit is early-mid mat... Hangjiao Hongfeng is a new hot pepper F1 hybrid cultivar which is bred with the cytoplasmic male sterile line 11066 AH as the female parent and the restoringline 11044 CH as the male parent. Its fruit is early-mid maturing and in the shape of a long finger.The immature fruit is in dark-green and mature fruit is in dark-red.The average length, width and flesh thickness are 15.7, 1.9 and 0.17 cm, respectively. The yield of dry pepper is 6 750 kg/hm^2. The average contents of Vc, soluble solid and dry matter are 1.30 mg/g, 10%, and 14% respectively. The cultivar has good resistance to pepper blight, viral disease and anthracnose. It shows strong tolerance to heat, water logging and drought. It is suitable for spring field cultivation in Gansu, Xinjiang and Inner Mongolia. 展开更多
关键词 PEPPER Cytoplasmic male sterility CULTIVAR
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Plato as "Idealist,' and Aristotle as "Realist" (?) -Reflecting the idea and the ousia in View of Comparative Philosophy 被引量:1
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作者 Hisaki Hashi 《Journal of Philosophy Study》 2017年第8期405-413,共9页
One can see often in explanations of encyclopedia or lexicons of philosophy that Plato manifested primarily the absolute Idealism, whereas Aristotle verified antagonistically the relevance of realism. It is easy to pi... One can see often in explanations of encyclopedia or lexicons of philosophy that Plato manifested primarily the absolute Idealism, whereas Aristotle verified antagonistically the relevance of realism. It is easy to pick up several parts of their representative works and prove that this thesis is corresponded to the original of Plato and Aristotle. But, in reflections of philosophy, we should not ignore a cautious view, focused just on this starting point: If the above mentioned thesis is used like a slogan, "Plato for idealism, Aristotle for realism," as it often is, in the meantime there arises a dogmatic position which fixes our mental and intellectual activity only within the frame, so that everyone begins to reflect on Plato or Aristotle from that starting point in a certain framework. A critical and self-critical view of philosophy may bring this position for a query. 展开更多
关键词 IDEALISM REALISM PLATO ARISTOTLE reflection in comparative philosophy
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Secondary Text: Author's Conception and Translator's Individuality
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作者 Galina Gumovskaya 《Journal of Literature and Art Studies》 2017年第9期1192-1201,共10页
Translation, or interpretive and language code conversion of the text, is considered as an independent complex type of speech activity which consists of such stages as perception, understanding and interpretation of t... Translation, or interpretive and language code conversion of the text, is considered as an independent complex type of speech activity which consists of such stages as perception, understanding and interpretation of the foreign-language text and actual translation, that is selection of language means for the expression of the interpretive version of the original. Considerable attention is paid nowadays to the translations of works of such literary genre as literary fairy tale. Fairy tale is a type of prosaic folklore, which is met in the folklore of various peoples. Not only have literary fairy tales grown on the basis of folklore, but they also inherited its genre characteristics, developing and transforming them. Translation as an interpretive conversion of the text is considered within the concept "secondary text". The conspicuous feature of secondary texts is the double reference of the word: to its own culture referent and to a foreign culture referent. The secondary text cannot be completely understood and appreciated without its reference to "the second plane". Subjected to analysis are the problems of preserving original pragrnatics in secondary texts. The challenge of national fairy tales translation lies in the discrepancy of cultural concepts of the two nations and in considerable distinctions between the characters of Russian and British national fairy tales. The traditions of Russian national culture and the consistency of grammatical gender expression in the Russian language lead to gender shifts in the translation of English literary fairy tales. 展开更多
关键词 secondary text literary fairy tales category of gender translation strategies
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Analysing Shakespeare's Emblem Language in Midsummer Night's Dream
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作者 Erdal AYAN 《Journal of Literature and Art Studies》 2017年第10期1264-1278,共15页
Shakespeare has been studied from many perspectives so far. However, his language style used in his literary works is still worth studying. First of all, this study explores changing sense of emblem and emblem languag... Shakespeare has been studied from many perspectives so far. However, his language style used in his literary works is still worth studying. First of all, this study explores changing sense of emblem and emblem language comparing Shakespeare's era and today. Secondly, it puts stress on the effects of emblem traditions on Shakespeare. Lastly, this article aims to shed light on his emblematical language in his Midsummer Night's Dream, which is one of his most leading works in terms of having highly visible emblematical interpretations. 展开更多
关键词 SHAKESPEARE emblems emblem language Midsummer Night's Dream
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"Let Me With Sappho and Orinda Be oh Ever Sacred Nymph, Adom'd by Thee", Aphra Behn: A Character in Search of an Author
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作者 Tiziana Febronia Arena 《Sino-US English Teaching》 2017年第2期120-127,共8页
In this paper, I will explore Aphra Behn's world: spy, kept mistress and writer. She created her complex personality between myth and reality, underlining limits and contradictions of her society in her life and wor... In this paper, I will explore Aphra Behn's world: spy, kept mistress and writer. She created her complex personality between myth and reality, underlining limits and contradictions of her society in her life and works. In a world where woman had to be obedient she turned upside down a strict system, while remaining loyal to male libertinism. I will sketch out a brief outline of her life and works. She plays her role, assuming different positions, such as her masculine poetic gift and the labelled role of whore. This gave her access to the little but exciting world of women's literature. She constructed the image of the whore, becoming trader of herself. In doing this, she gained a place in society. 展开更多
关键词 Aphra Behn Restoration women's position
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The Analysis of Handel Variations as an Example for Brahms Variations
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作者 Sirin Akbulut Demirci 《Journal of Literature and Art Studies》 2012年第1期277-293,共17页
"Variations" is one of the main musical forms in compositional process. Johannes Brahms is one of the most important Romantic composers that used this form. Variations and Fugue on a Theme by Handel, Op. 24, (Op. 2... "Variations" is one of the main musical forms in compositional process. Johannes Brahms is one of the most important Romantic composers that used this form. Variations and Fugue on a Theme by Handel, Op. 24, (Op. 24, 1862) is a piece that Johannes Brahms wrote for solo piano in a highly creative style, which was classically arranged. Brahms took the theme from an aria in George Frederic Handel's Harpsichord Suite in B-flat major, HWV 434 (1733). In Handel's work, the original theme was turned into five variations. With the purpose of exploring chromatic possibilities after the piano was developed from harpsichord, Brahms made 25 magnificent variations with an extensive fugue in his work. The purpose of this work is to prepare an explanatory document for pianists who intend to perform this piece and who are not familiar with such work. Also, it is hoped that piano performers will find explanatory points in this composition (e.g., stylistic characteristics) through comparisons with his other variations and start performing it more frequently 展开更多
关键词 BRAHMS variation Variations and Fugue on a Theme by Handel
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Entrepreneurial Orientation,Knowledge creation process and New Product Development Performance
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作者 Shoujian Luo Yalin Yu 《International English Education Research》 2015年第9期1-4,共4页
This paper analyzed the relationship between entrepreneurial orientation and new product development perlormance based on the perspective of knowledge creation process. Through a questionnaire survey, we found that en... This paper analyzed the relationship between entrepreneurial orientation and new product development perlormance based on the perspective of knowledge creation process. Through a questionnaire survey, we found that entrepreneurial orientation is positively related to new product performance, and knowledge creation process plays a mediating role in this relationship. This article examines the role of entrepreneurial orientation on new product innovation performance in Chinese situations, and it is the first time to check the intermediary functions on each dimension of knowledge test between entrepreneurial orientation and new product development performance. 展开更多
关键词 Entrepreneurial Orientation Knowledge Creation Process New Product Development Performance SECI Model
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Investigation of the operability for four-product dividing wall column with two partition walls
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作者 Xiaolong Ge Botong Liu +2 位作者 Botan Liu Hongxing Wang Xigang Yuan 《Chinese Journal of Chemical Engineering》 SCIE EI CAS CSCD 2018年第8期1670-1676,共7页
For separating some specific four component mixtures into four products, the four-product dividing wall column(FPDWC) with two partition walls can provide the same utility consumption with the extended Petlyuk configu... For separating some specific four component mixtures into four products, the four-product dividing wall column(FPDWC) with two partition walls can provide the same utility consumption with the extended Petlyuk configuration, although with structure simplicity. However, the reluctance to implement this kind of four product dividing wall column industrially also consists in the two uncontrollable vapor splits associated with it. The vapor split ratios are set at the design stage and might not be the optimal value for changed feed composition, thus minimum energy consumption could not be ensured. In the present work, a sequential iterative optimization approach was initially employed to determine the parameters of cost-effective FPDWC. Then the effect of maintaining the vapor split ratios at their nominal value on the energy penalty was investigated for the FPDWC with two partition walls, in case of feed composition disturbance. The result shows that no more than + 2% above the optimal energy requirements could be ensured for 20% feed composition disturbances, which is encouraging for industrial implementation. 展开更多
关键词 DISTILLATION Four-product dividing wall column Vapor split OPERABILITY
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Spain is Different Mass Tourism and Gender Idendities in the Sixties
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作者 Aintzane Rincon 《Journalism and Mass Communication》 2015年第3期119-131,共13页
In Spain, the historical context of the sixties was experienced as a particularly changing one. Gone were the post-war years, and with them the autarchy, poverty and famine, characteristics of that time. After a trans... In Spain, the historical context of the sixties was experienced as a particularly changing one. Gone were the post-war years, and with them the autarchy, poverty and famine, characteristics of that time. After a transitory fifties decade, the country entered a prosperous time, which is known as the develompentism sixties--desarrollismo. The franscoism itself promoted this change. Meanwhile, it became a mandatory to guide the population so the fostered modem life did not imply, among other issues, an abandonment of the traditional gender order. Popular cinema played a key role in that objective. Particularly tourism narratives had direct implications on the renewed way to understand gender identities. In this article we will approach two blockbusters, as representative examples of the mainstream films productions, through which analyse how masculinity and femininity were screened and considered. 展开更多
关键词 mass tourism popular cinema gender identities SEXUALITY
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Phytoremediation of Cd Contaminated Soil through Certain Weed and Crop Species 被引量:2
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作者 E. Fotiadis P. C. Lolas 《Journal of Agricultural Science and Technology(A)》 2011年第6期811-817,共7页
Phytoremediation is a relatively new approach in remediating ecosystems contaminated by ecotoxic pollutants such as herbicides or heavy metals and especially cadmium (Cd). Certain indicators of phytoremediation, as ... Phytoremediation is a relatively new approach in remediating ecosystems contaminated by ecotoxic pollutants such as herbicides or heavy metals and especially cadmium (Cd). Certain indicators of phytoremediation, as plant growth, tolerance to Cd, and uptake, transfer factor (TF) and percent removal of Cd, were studied for 11 crops and 8 weed species in soil with varying levels of Cd (0-240 mg Cd kg" soil) under controlled environment. Cadmium accumulated mainly in roots (51%-86%, depending on the species), while a 14%-49% was transferred to shoots (except for four species) the concentration being positively related to Cd level in soil. Highest concentration in the above ground plant part was measured in sugarbeets (41-101 mg Cd kg-1 DW) followed by Bromus sterilis (75), Eruca sativa (32-82), Cichorium intibus (35-80), and maize (60 mg Cd kgl). Based on the results it is concluded that sugarbeets, maize, C. intibus, B. sterilis, E. sativa, Apium graveolens, and Vicia sativa seem to have a potential in remediating Cd contaminated soils. 展开更多
关键词 PHYTOREMEDIATION cadmium (Cd) crop plants WEEDS transfer factor.
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Iraqi Personality in Light of Ali Al-Wardi's Works: A Critical Review
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作者 Hamied G. M. Al-Hashimi 《Sociology Study》 2017年第1期1-6,共6页
This paper sheds light on the Iraqi personality in light of writings of the Iraqi eminent sociologist Dr. Ali Al-Wardi and gives a critical review to his main findings and hypotheses. Al-Wardi was the main person who ... This paper sheds light on the Iraqi personality in light of writings of the Iraqi eminent sociologist Dr. Ali Al-Wardi and gives a critical review to his main findings and hypotheses. Al-Wardi was the main person who established the first department of sociology in Iraq and the spiritual father or the real father of sociology in the country. He wrote prestigious works about the Iraqi society including some hypotheses focusing on the Iraqi personality, such as the dual personality and social dissonance. These findings and hypotheses are not above criticism of course. The method we depend on here is the content analysis methodology. The paper consists of seven parts; part one is the introduction which includes a short glimpse on the subject and A1-Wardi's methodology. Part two deals with Al-Wardi and studying Iraqi personality. Part three, discusses the dual personality, and part four, the social dissonance. Part five, exposures tackling the problem where Al-Wardi suggests some points. Part six deals with the discussion. Finally, there is a conclusion under the part seven. 展开更多
关键词 lraq personality Ali Al-Wardi dual personality social inconsistency tribal values
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Some Remarks Regarding Originality and Historical Transformations of Chopin's Mazurkas, as Based on the Mathematical Systematic Method of the Tonal Structure Analysis
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作者 Miroslaw Majchrzak 《Journal of Literature and Art Studies》 2014年第1期34-45,共12页
Musical analysis enables us to study the various elements of a musical work, for example texture, m dynamics, or harmony (including tonality). Thanks to musical analysis we are able to trace the compos technique, or... Musical analysis enables us to study the various elements of a musical work, for example texture, m dynamics, or harmony (including tonality). Thanks to musical analysis we are able to trace the compos technique, or assess the artistic value of given work. In addition to traditional, descriptive methods of e it ody, onal music analysis, we can observe in 20th century the development of methods based on science (mathematics, otherwise statistics). Such methodologies allow us to obtain a strict understanding of the structure of musical pieces Applying mathematical methods for musical analysis seems very reasonable in relation to the output of Frederic Chopin, due to large originality of the elements of musical pieces of this composer. Present paper was written as a result of research related to the applying of numerical method of analysis for exploring the tonal structure of Chopin's works. The author's research method enables a strict analysis of the chord's domination that can be classified under given key (range)--taking into consideration the harmonic functions. By the method of analysis we can get charts that depict whole diatonic vertical music material of the given piece. The main objective of the present study is to describe observations on the high uniqueness in the tonal construction of selected Chopin's mazurkas, especially, when compared to the miniatures of other composers of the first half of the 19th century and previously analyzed Chopin's pieces: etudes, preludes, and songs. 展开更多
关键词 computational musicology music analysis Chopin's mazurkas TONALITY
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A Comparison between Heathcliff and Chillingworth from the Perspective of Romanticism
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作者 姜复宁 于静波 《International English Education Research》 2015年第4期87-90,共4页
Heathcliff and Chillingworth are the two typical satan type heroes among literature works. To some extent, their revenge is similar, but there are also differences. However, there are few comparisons between the two h... Heathcliff and Chillingworth are the two typical satan type heroes among literature works. To some extent, their revenge is similar, but there are also differences. However, there are few comparisons between the two heroes from the perspective of romanticism. From the analysis of the author's living background and their literary genre of the two works, the paper will analyse the reasons why Heathcliff and Chillingworth want to revenge, and reflect their similarities and differences in terms of their character, means, ending, and so on. The paper will analyse the two heroes by using the methods of literature data collection, text comparison and induction, and come to a conclusion that the romanticism carried by the two authors is influential in shaping the two satan type heroes. Thus to gain more details about the similarities of the two cruel revenger, and the differences of their individuality and different ways of revenge. 展开更多
关键词 ROMANTICISM SIMILARITIES DIFFERENCES
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Evolution of Cooperation in Public Goods Games 被引量:1
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作者 夏承遗 张娟娟 +1 位作者 王祎玲 王劲松 《Communications in Theoretical Physics》 SCIE CAS CSCD 2011年第10期638-644,共7页
We investigate the evolution of cooperation with evolutionary public goods games based on finite populations, where four pure strategies: cooperators, defectors, punishers and loners who are unwilling to participate ... We investigate the evolution of cooperation with evolutionary public goods games based on finite populations, where four pure strategies: cooperators, defectors, punishers and loners who are unwilling to participate are considered. By adopting approximate best response dynamics, we show that the magnitude of rationality not only quantitatively explains the experiment results in [Nature (London) 425 (2003) 390], but also it will heavily influence the evolution of cooperation. Compared with previous results of infinite populations, which result in two equilibriums, we show that there merely exists a special equilibrium cooperation. In addition, we characterize that loner's and the relevant high value of bounded rationality will sustain payoff plays an active role in the maintenance of cooperation, which will only be warranted for the low and moderate values of loner's payoff. It thus indicates the effects of rationality and loner's payoff will influence the cooperation. Finally, we highlight the important result that the introduction of voluntary participation and punishment will facilitate cooperation greatly. 展开更多
关键词 public goods games magnitude of rationality voluntary participation PUNISHMENT
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Interoperable Process: Efficient Systems in New Constructive and Product Performances
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作者 Consiglia Mocerino 《Journal of Civil Engineering and Architecture》 2017年第5期477-493,共17页
In the construction sector, which is one of the major goals of the new economy, the company is aiming at a new constructive practice and upgrading of the built, using ICT (information and communications technology) ... In the construction sector, which is one of the major goals of the new economy, the company is aiming at a new constructive practice and upgrading of the built, using ICT (information and communications technology) technologies. So the focus is on new operating and organizational models of sustainable building processes in the architecture, engineering and construction sectors, which are based on three-dimensional models of digital technology BIM (building information modeling). It is intended as a human activity that improves building workflows and, through software and IFACs (industry foundation classes), manages flexibility, coordinates and optimizes operational choices on time, economic, and environmental sustainability parameters. The goal is a new interoperable building process that involves designers, contractors and businesses from programming to lifecycle building and maintenance through the integrated project delivery of the building. Dynamic architectures, interactive with efficient technological and constructive systems, are integrated with innovative products of complex nature and bi-directional performance, engineered, with energy storage and renewable resources. The methodologies are based, above all, on the adoption of BIM technologies with the digital project manager and the use of robotic technological tools. Digitization is applied for the design and construction of architectural and infrastructure artifacts, in interaction with intelligent, adaptive, nanotechnical and user-friendly materials and climate. The results are aimed at efficient buildings with user comfort and safety, accuracy, and risk monitoring with remote monitoring, highlighting VDC (visual design construction) in CID (computational intelligent design). 展开更多
关键词 CONSTRUCTION technology digital system PROCESS INTEROPERABILITY CONCRETE adaptive design sustainability.
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