The Conflict and Balance Between Intellectual Property Rights and Public Freedom of Information in the“Anti-circumvention Clause”

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.

Realty Service Contracts and the Legal System of Realty Management in China

The realty(real estate)management of ownership of buildings includes the owner(homeowner)entrust-management and the owner self-management,the former through the way of realty service contracts,the latter through the resolution of the owners’assembly and the owners’committee.The legal disputes of realty service contracts involve balancing interests among the realty service enterprise,individual owner,and all the owners.We should use dynamic balancing of the interests of the three parties to implement the interests of the win-win cooperation rather than the interests of the trade-off of“all or nothing.”The realty service contract is similar to the entrustment contract,both of which are based on the owners’entrustment.The duty to provide realty service is not simply equivalent to fiduciary duty.The realty service contract has the essence of both behavior debt and result debt.For the former,the general provisions of the entrustment contract can be referred to,and for the latter,the general provisions of the contract for work can be referred to.In view of the group characteristics of the realty service contract,owners have no right to terminate the realty service contract at any time but should obey the principle of due process and take the majority mechanism to make a dismissal resolution resolution.The resolutions and management stipulations worked out by the owners’assembly in a majority mechanism,both of which belong to resolution behavior and are legal tools of the owners’autonomy,shall be binding on all the owners.The relationship between the owner,the owner’s assembly,and the owner’s committee is similar to the fiduciary relationship.If the decision made by the owners’assembly or the owners’committee and the management stipulation infringes upon the legal rights and interests of the owners,the injured owner has the right to revocation litigation.At present,residential commodity owners have a relatively low degree of autonomy in China,and legal disputes over realty services are frequent.In the future,we need to perfect the legal incentive and constraint measures,and stimulate the vitality of owner autonomy to promote better implementation of the owner self-management and owner entrust-management.

A Study of Post-Cold War German Policy Towards the Iranian Nuclear Issue

Germany has been an important participant in the resolution ofthe Iranian nuclear issue, and the evolution of the Iranian nuclearcrisis has become a major event in the international communityat the beginning of the 21st century. The U.S. pursued unilateralismand hegemony, advocating unilateral sanctions and coercivemeans to solve the problem, while the EU, led by Germany,adhered to multilateralism and advocated a peaceful solutionthrough negotiations and other means. After Merkel came topower, she promptly adjusted her policy towards the U.S., madethe U.S. accept the EU proposal, shaped Germany into a role thatis bold to challenge and take responsibility in the face of crises,pushed the UN Security Council to reach multilateral sanctionsand comprehensive EU sanctions against Iran, and finally reachedthe Iran nuclear deal. This journey fully demonstrates Germany’spursuit of foreign policy autonomy in the post-Cold War era, balancingthe two pillars of foreign policy towards Europe and theU.S. in pursuit of its own interests.