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
During the process of private enterprise and relaxing control, the railway industry of the entire world reserves considerably proportional state enterprise and state capital. One important reason of these economic phe...During the process of private enterprise and relaxing control, the railway industry of the entire world reserves considerably proportional state enterprise and state capital. One important reason of these economic phenomena is that there are many establishment collectivities in the railway industry. Every railway transportation enterprise uses the railway network, the hinge, the organizing group station and even the control center, take the format of public property and state capital to organize the relative transportation resources, which is more efficient in many instances than the private property right and capital, which is also the important economic reason why in the railway industry all of the world there are still ubiquitous for the public property rights and state-capital.展开更多
This paper,taking the John Locke’theory of property as example,tries to prove that it is important to balance the pri ority between social significance and individual interest of property throughout the development o...This paper,taking the John Locke’theory of property as example,tries to prove that it is important to balance the pri ority between social significance and individual interest of property throughout the development of the western idea of property.展开更多
Around the globe, streets and sidewalks in cities are being contested as spaces that should be used for more than transportation. This paper analyzes street spaces as public goods, or their nature as a 'public poo...Around the globe, streets and sidewalks in cities are being contested as spaces that should be used for more than transportation. This paper analyzes street spaces as public goods, or their nature as a 'public pool,' from the perspective of property rights. After conducting a picture for the use of public street spaces in two innovative districts in Beijing via big data description and field investigation, this paper analyzes the use of public spaces from the perspective of property rights, spatial supply and demand, and the distribution and management of public goods. It further proposes three strategies for street design transformation, including refined management, design integrity, and planning priority transformation.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.
文摘During the process of private enterprise and relaxing control, the railway industry of the entire world reserves considerably proportional state enterprise and state capital. One important reason of these economic phenomena is that there are many establishment collectivities in the railway industry. Every railway transportation enterprise uses the railway network, the hinge, the organizing group station and even the control center, take the format of public property and state capital to organize the relative transportation resources, which is more efficient in many instances than the private property right and capital, which is also the important economic reason why in the railway industry all of the world there are still ubiquitous for the public property rights and state-capital.
文摘This paper,taking the John Locke’theory of property as example,tries to prove that it is important to balance the pri ority between social significance and individual interest of property throughout the development of the western idea of property.
基金supported by the National Natural Science Foundation of China(51608294,51978359)the Beijing Social Science Funding(17GLC055)
文摘Around the globe, streets and sidewalks in cities are being contested as spaces that should be used for more than transportation. This paper analyzes street spaces as public goods, or their nature as a 'public pool,' from the perspective of property rights. After conducting a picture for the use of public street spaces in two innovative districts in Beijing via big data description and field investigation, this paper analyzes the use of public spaces from the perspective of property rights, spatial supply and demand, and the distribution and management of public goods. It further proposes three strategies for street design transformation, including refined management, design integrity, and planning priority transformation.
