There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic hu...There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.展开更多
Evaluating government openness is important in monitoring government performance and promoting government transparency. Therefore, it is necessary to develop an evaluation system for information openness of local gove...Evaluating government openness is important in monitoring government performance and promoting government transparency. Therefore, it is necessary to develop an evaluation system for information openness of local governments. In order to select evaluation indicators, we conducted a content analysis on current evaluation systems constructed by researchers and local governments and the materials of a case study on a local government. This evaluation system is composed of 5 first-tier indicators, 30 secondtier indicators and 69 third-tier indicators. Then Delphi Method and Analytic Hierarchy Process(AHP) Method are adopted to determine the weight of each indicator. At last, the practicability of the system is tested by an evaluation of the local government of Tianjin Binhai New Area, which has been undergoing administrative reform and attempting to reinvent itself in the past 5 years.展开更多
This paper investigates the role of public access to information in open governance in Kenya;identifies the factors affecting access to public information in Kenya;establishes the extent to which access to public info...This paper investigates the role of public access to information in open governance in Kenya;identifies the factors affecting access to public information in Kenya;establishes the extent to which access to public information has influenced open governance in Kenya;and recommends strategies to enhance open governance through access of public information in Kenya.The paper is based on a qualitative study designed as an exploratory survey.Qualitative data was collected through key informant interviews with staff of the Commission on Administrative Justice(Office of the Ombudsman),which is tasked with implementing the Act,and documentary analysis.Content analysis of reports generated by implementing or oversight agencies was also conducted.The findings of the study show that the implementation of the Access to Information Act(2016)has had major contributions to the attainment of Kenya's commitments to open governance.Access to information underlies initiatives relating to open data sharing,beneficial ownership and access to justice.However,the implementation of the Act in Kenya faces challenges such as lack of funding,corruption,low levels of citizen awareness,and a culture of secrecy.The study recommends that the government should set up monitoring mechanisms to evaluate milestones of open governance initiatives such as the Act so as to be able to better evaluate the contributions of each commitment internally rather than relying on external evaluators.展开更多
基金a phased result of the general project of the National Social Science Fund of China“Research on the Boundary and System Construction of Criminal Liability of Internet Service Providers”(Project No.18BFX104)。
文摘There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.
基金jointly supported by the Foundation for Humanities and Social Sciences of the Chinese Ministry of Education(Grant No.10YJA870021)Center for Asia Research of Nankai University(Grant No.AS0917)
文摘Evaluating government openness is important in monitoring government performance and promoting government transparency. Therefore, it is necessary to develop an evaluation system for information openness of local governments. In order to select evaluation indicators, we conducted a content analysis on current evaluation systems constructed by researchers and local governments and the materials of a case study on a local government. This evaluation system is composed of 5 first-tier indicators, 30 secondtier indicators and 69 third-tier indicators. Then Delphi Method and Analytic Hierarchy Process(AHP) Method are adopted to determine the weight of each indicator. At last, the practicability of the system is tested by an evaluation of the local government of Tianjin Binhai New Area, which has been undergoing administrative reform and attempting to reinvent itself in the past 5 years.
文摘This paper investigates the role of public access to information in open governance in Kenya;identifies the factors affecting access to public information in Kenya;establishes the extent to which access to public information has influenced open governance in Kenya;and recommends strategies to enhance open governance through access of public information in Kenya.The paper is based on a qualitative study designed as an exploratory survey.Qualitative data was collected through key informant interviews with staff of the Commission on Administrative Justice(Office of the Ombudsman),which is tasked with implementing the Act,and documentary analysis.Content analysis of reports generated by implementing or oversight agencies was also conducted.The findings of the study show that the implementation of the Access to Information Act(2016)has had major contributions to the attainment of Kenya's commitments to open governance.Access to information underlies initiatives relating to open data sharing,beneficial ownership and access to justice.However,the implementation of the Act in Kenya faces challenges such as lack of funding,corruption,low levels of citizen awareness,and a culture of secrecy.The study recommends that the government should set up monitoring mechanisms to evaluate milestones of open governance initiatives such as the Act so as to be able to better evaluate the contributions of each commitment internally rather than relying on external evaluators.
