Master's Thesis from the year 2011 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 16/20, Leuven Catholic University (Faculty of Law), course: LL.M. Program, European IP Law & Business Law, language: English, abstract: ISP's legal liability under trademark law with regards to Keyword Advertising is not well developed in literature and jurisdiction. Despite some few judgments in this field, it is obvious that also in other areas of law national courts do mainly focus on ISP's secondary liability without any clear distinction from primary liability. There seems to be also some hesitation to base a primary liability on a failure to act. For that reasons this paper analyses primary liability of an internet reference provider like Google (TM) for Keyword Advertising under Art. 5 EU Trademark Directive taking into account not only positive activities but also a failure to act. Apart from storing Keywords and displaying ads also other contributions of Google like its Keyword Tool and approval process for ads or the ISP's knowledge of infringements are contemplated. Starting point of the investigation is the recent decision of the ECJ to Google Adwords (TM)from 23.3.2010 where the court held that the provider can not be liable for a trademark infringement as the ISP did not use a sign itself in own commercial communication. The author goes beyond this judgment and suggests to apply this new criterion of attribution to all forms of trademark uses within the entire Art. 5 EU Trademark Directive including an omission of the provider. By establishing a link between Ecommerce Directive and Trademark Directive the writer defines the scope of trademark protection and examines some minimum requirements to identify a trademark infringement of the ISP. This is absolutely a new method as no literature exists. As a first main result it was found that Google is not directly engaged in a trademark infringement by its positive actions. By contras
Master's Thesis from the year 2011 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: 16/20 , Leuven Catholic University (Faculty of Law), course: LL.M. Program, European IP Law & Business Law, language: English, abstract: ISP’s legal liability under trademark law with regards to Keyword Advertising is not well developed in literature and jurisdiction. Despite some few judgments in this field, it is obvious that also in other areas of law national courts do mainly focus on ISP’s secondary liability without any clear distinction from primary liability. There seems to be also some hesitation to base a primary liability on a failure to act. For that reasons this paper analyses primary liability of an internet reference provider like Google (TM) for Keyword Advertising under Art. 5 EU Trademark Directive taking into account not only positive activities but also a failure to act. Apart from storing Keywords and displaying ads also other contributions of Google like its Keyword Tool and approval process for ads or the ISP’s knowledge of infringements are contemplated. Starting point of the investigation is the recent decision of the ECJ to Google Adwords (TM)from 23.3.2010 where the court held that the provider can not be liable for a trademark infringement as the ISP did not use a sign itself in own commercial communication. The author goes beyond this judgment and suggests to apply this new criterion of attribution to all forms of trademark uses within the entire Art. 5 EU Trademark Directive including an omission of the provider. By establishing a link between Ecommerce Directive and Trademark Directive the writer defines the scope of trademark protection and examines some minimum requirements to identify a trademark infringement of the ISP. This is absolutely a new method as no literature exists. As a first main result it was found that Google is not directly engaged in a trademark infringement by its positive actions. By contrast, the research made clear that actual knowledge of ongoing infringements is the core element to establish a primary liability for a failure to stop or prevent trademark infringements and makes the ISP use a trademark itself in its own communication. This paper shall contribute to define a clear distinction between direct and indirect infringements and it also wants to sensitize the reader for the legal importance and consequences of actual knowledge of the ISP.
The NIV Application Commentary helps you communicate and apply biblical text effectively in today's context. To bring the ancient messages of the Bible into today's world, each passage is treated in three sections: Original Meaning. Concise exegesis to help readers understand the original meaning of the biblical text in its historical, literary, and cultural context. Bridging Contexts. A bridge between the world of the Bible and the world of today, built by discerning what is timeless in the timely pages of the Bible. Contemporary Significance. This section identifies comparable situations to those faced in the Bible and explores relevant application of the biblical messages. The author alerts the readers of problems they may encounter when seeking to apply the passage and helps them think through the issues involved. This unique, award-winning commentary is the ideal resource for today's preachers, teachers, and serious students of the Bible, giving them the tools, ideas, and insights they need to communicate God's Word with the same powerful impact it had when it was first written.
Authenticity is one of the major values of our time. It is visible everywhere, from clothing to food to self-help books. While it is such a prevalent phenomenon, it is also very evasive. This study analyses the 'culture of authenticity' as it relates to theatre and establishes a theoretical framework for analysis. Daniel Schulz argues that authenticity is sought out and marked by the individual and springs from a culture that is perceived as inherently fake and lacking depth. The study examines three types of performances that exemplify this structure of feeling: intimate theatre seen in Forced Entertainment productions such as Quizoola! (1996, 2015), as well as one-on-one performances, such as Oentroerend Goed's Internal (2009); immersive theatres as illustrated by Punchdrunk's shows The Masque of the Red Death (2007) and The Drowned Man (2013) which provide a visceral, sensate understanding for audiences; finally, the study scrutinises the popular category of documentary theatre through various examples such as Robin Soan's Talking to Terrorists (2005), David Hare's Stuff Happens (2004), Edmund Burke's Black Watch (2007) and Dennis Kelly's pseudo-documentary play Taking Care of Baby (2007). It is specifically the value of the document that lends such performances their truth-value and consequently their authenticity. The study analyses how the success of these disparate categories of performance can be explained through a common concern with notions of truth and authenticity. It argues that this hunger for authentic, unmediated experience is characteristic of a structure of feeling that has superseded postmodernism and that actively seeks to resignify artistic and cultural practices of the everyday.
In the decades between the French Revolution and the first stirrings of liberalism in the 1830s, German political culture defined itself apart from that of its neighbors to the west. Focusing on the career of Johann Cotta, the preeminent publisher of his generation, this book offers a lens through which we can more fully view and understand these turbulent years. Cotta is a familiar figure in the history of German letters, but his public life has never been studied comprehensively. He financed and directed the Allgemeine Zeitung of Augsburg, which would become one of the great European newspapers of the nineteenth century. He was the first German to convert money and cultural prestige into political power by means of the press. Cotta and his colleagues emerge not as liberals, but as characteristic figures of the Reform era. Their aim was to define and institutionalize a realm of thought and action beyond the control of the state, but short of opposed to it—a "public" realm in which intellectual independence and political loyalty would be equally well served. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1990.
A groundbreaking, comprehensive formal theory of grammatical person that recasts its empirical foundations and re-envisions its theoretical core. Impossible Persons, Daniel Harbour's comprehensive and groundbreaking formal theory of grammatical person, upends understanding of a universal and ubiquitous grammatical category. Breaking with much past work, Harbour establishes three core theses, one empirical, one theoretical, and one metatheoretical. Together, these redefine the data subsumed under the rubric of “person,” simplify the feature inventory that a theory of person must posit, and restructure the metatheory in which feature theory as a whole resides. At its heart, Impossible Persons poses a simple question of the possible versus the actual: in how many ways could languages configure their person systems, in how many do they configure them, and what explains the size and shape of the shortfall? Harbour's empirical thesis—that the primary object of study for persons are partitions, not syncretisms—transforms a sea of data into a categorical problem of the attested and the absent. Positing, innovatively, that features denote actions, not predicates, he shows that two features alone generate all and only the attested systems. This apparently poor inventory yields rich explanatory dividends, covering the morphological composition of person, its interaction with number, its connection to space, and properties of its semantics and linearization. Moreover, the core properties of this approach are shared with Harbour's earlier work on number features. Jointly, these results establish an important metatheoretical corollary concerning the balance between richness of feature semantics and restrictiveness of feature inventories. This corollary holds deep implications for how linguists should approach feature theory in future.
The life of Philipp Jaffé (1819–1870), from his youth in Posen; his studies with Leopold von Ranke and career – as a close friend of Theodor Mommsen – at the pinnacle of historical scholarship in Berlin, first at the Monumenta Germaniae Historica and then, after his feud with Georg Heinrich Pertz, with his unprecedented 1862 appointment, while still a Jew, to a Berlin professorship; and on to his baptism in 1868 and suicide in 1870, was a life of transition between East and West and between Judaism and Christianity – and a life of devotion to scholarship, of loneliness, of success and of frustration. Forgotten today, except by medievalists who depend on his numerous editions of Latin texts, Jaffé was a central figure in the heydays of German scholarship. His career illustrates the working conditions of such scholars, their friendships and feuds, and also the limits that hemmed Jews in and the ways they could be overcome. This volume documents Jaffé’s life, accomplishments, and struggles, and also offers insight into his soul via more than two hundred of his letters (in German) – about half to his parents in Posen and half to colleagues around Europe, especially Pertz and Mommsen.
An illuminating investigation into the interdisciplinary impact of the beloved modern classical composer. Few composers have enjoyed such critical acclaim—or longevity—as Jean Sibelius, who died in 1957 aged ninety-one. Always more than simply a Finnish national figure, an “apparition from the woods” as he ironically described himself, Sibelius’s life spanned turbulent and tumultuous events, and his work is central to the story of late-nineteenth- and early-twentieth-century music. This book situates Sibelius within a rich interdisciplinary environment, paying attention to his relationship with architecture, literature, politics, and the visual arts. Drawing on the latest developments in Sibelius research, it is intended as an accessible and rewarding introduction for the general reader, and it also offers a fresh and provocative interpretation for those more familiar with his music.
...the most useful, practical book I have seen on the management of turfgrass insect pests...mandatory reading for turfgrass managers in golf, lawns, and sports..." --Dr. James B. Beard, International Sports Turf Institute, Inc. Written in clear, everyday language, Destructive Turfgrass Insects covers the biology, diagnosis, and control of virtually all the insects and mites that attack warm- and cool-season turfgrasses. No other source gives you as many practical and comprehensive management guidelines for use on golf courses, lawns, and sports fields.
Leadership for Evidence-Based Innovation in Nursing and Health Professions, Second Edition takes a patient-centered approach, discusses the perspectives on the dynamic of innovation and evidence as well as emerging competencies for leaders of healthcare innovation, making it the ideal textbook for DNP and Masters level leadership courses.
Grounded in psychology research but with a practical focus on organizational behavior issues, Group Dynamics for Teams helps readers understand and participate in teams more effectively in day-to-day work. Best-selling author Daniel Levi and new co-author David A. Askay thoroughly examine basic group dynamics concepts, such as goals, norms, cooperation, and communication, as well as review the main challenges that teams face, such as conflict, decision making, problem solving, creativity, and valuing diversity. Throughout the book are discussions of the organizational context of teams, including the impacts of organizational culture, virtual teamwork, rewarding teams, and team building.
Few composers have responded as powerfully to place as Frederick Delius (1862–1934). Born in Yorkshire, Delius resided in the United States, Germany, and Scandinavia before settling in France, where he spent the majority of his professional career. This book examines the role of place in selected works, including 'On Hearing the First Cuckoo in Spring', Appalachia, and The Song of the High Hills, reading place as a creative and historically mediated category in his music. Drawing on archival sources, contemporary art, and literature, and more recent writing in cultural geography and the philosophy of place, this is a new interpretation of Delius' work, and he emerges as one of the most original and compelling voices in early twentieth-century music. As the popularity of his music grows, this book challenges the idea of Delius as a large-scale rhapsodic composer, and reveals a richer and more productive relationship between place and music.
Stress in the DSM is referred to only in the sense of post traumatic stress disorder (PTSD). However, some research studies estimate up to two thirds of illnesses seen by general practitioners are ‘stress related’–GI problems, sleep disturbance, mental concentration, headaches, fatigue, shortness of breath, high blood pressure, dermatitis, illnesses from lowered immune system, and vague aches and pains – all can be symptoms and outcomes of the elusive stress factor. This issue of Psychiatric Clinics of North America discusses the scientific medical facets of stress, written by mental health and medical practitioners. It looks at the brain-body connection of stress – what the body does to result in stress and varying results stress has on the body. This fascinating cross-discipline look at stress is intended for psychiatrists, general practitioners, cardiologists, GI specialists, neurologists, sleep medicine specialists, respiratory specialists, and others who diagnose and treat patients with stress suspected as part of the illness equation or with self-reported stress. Topics include: Measurement of stress; Anxiety and stress-how they work together; Relationship between genetics and stress; Role of glia in stress; Sleep and stress; Diet and stress; Supplements and stress; Effect of severe stress on early brain development, attachment, and emotions; Role of stress and fear on the development of psychopathology; Expressions of stress in psychiatric illness; Dermatologic manifestations of stress in normal and psychiatric populations; Humor and the psychological buffers of stress; Stress expression in children and adolescents; Stress in service members; Stress in the geriatric population.
A snapshot of a different era, Wilma tells the story of her life as the daughter of a sharecropper and preacher in the 30s and 40s. The story follows her through marriage, travels to Africa, and the loss of two children. Along the way she includes many stories from family history as told by her siblings and other relatives. Also included is a selection of poetry and prose written by several different family members. A wider selection of poetry by Juantia Willodean Daniel Stockton: ""I Remember: Poems About Life,"" is available on Lulu.com. Wilma also collected the family history with different genealogy charts and family trees tracing the family back as far as 1692. A few family photos are also included in this collection, but due to the quality of the original images they have not held up well in publishing.
It is normally assumed that international security regimes such as the United Nations can reduce the risk of war by increasing transparency among adversarial nations. The more adversaries understand each other's intentions and capabilities, the thinking goes, the less likely they are to be led to war by miscalculations and unwarranted fears. But how is transparency provided, how does it actually work, and how effective is it in preserving or restoring peace? In Promoting Peace with Information, Dan Lindley provides the first scholarly answer to these important questions. Lindley rigorously examines a wide range of cases, including U.N. peacekeeping operations in Cyprus, the Golan Heights, Namibia, and Cambodia; arms-control agreements, including the Nuclear Non-Proliferation Treaty; and the historical example of the Concert of Europe, which sought to keep the peace following the defeat of Napoleon in 1815. Making nuanced arguments based on extensive use of primary sources, interviews, and field research, Lindley shows when transparency succeeds in promoting peace, and when it fails. His analysis reveals, for example, that it is surprisingly hard for U.N. buffer-zone monitors to increase transparency, yet U.N. nation-building missions have creatively used transparency to refute harmful rumors and foster democracy. For scholars, Promoting Peace with Information is a major advance into the relatively uncharted intersection of institutionalism and security studies. For policymakers, its findings will lead to wiser peacekeeping, public diplomacy, and nation building.
When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory. This book sheds light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the consequences of peremptory norms have remained under-studied. This book is the first specifically on this topic and is essential reading for all scholars and practitioners of public international law.
On the border of the United States and Mexico, few policy issues face such acute challenges as those related to water. Border cities face an uncertain future water supply, low-income neighborhoods often lack water and sewer services, and water contamination poses a risk to the health of residents and the environment. Responses by government agencies on both sides of the border have been insufficient. Increasing economic development has mainly resulted in increasing problems. These limitations of government and market forces suggest that nonprofit organizations—the so-called “third sector”—might play an important role in meeting the growing challenges in the region. Finding that these organizations do have a positive impact, Daniel Sabet seeks to understand how autonomous nonprofit organizations have emerged and developed along the border. He employs data from more than 250 interviews with members of civil society organizations and public officials, surveys of neighborhood association leaders, observations at public meetings, and many secondary sources. His research compares the experiences of third-sector organizations in four prominent Mexican border cities: Tijuana, Nogales, Ciudad Juárez, and Nuevo Laredo. Sabet finds that political change is a necessary precondition for the establishment of an independent third sector. The demise of one-party rule in Mexico has given nonprofit organizations greater opportunities to flourish, he finds, but persistent informal rules still obstruct their emergence and development. Sabet concludes that the success of the third sector will depend on the organizations’ networks. He examines organizational ties to three key groups—U.S. nonprofits, the business community, and government-created methods for public participation—and evaluates the importance of these connections for the future.
From producing Edison's light bulbs to the creation of fiber optics, this volume tells the 150-year story of one of America's most inventive and enduring industrial companies. 47 halftones.
This highly influential work--now in a revised and expanded third edition incorporating major advances in the field--gives clinicians, educators, and students a new understanding of what the mind is, how it grows, and how to promote healthy development and resilience. Daniel J. Siegel synthesizes cutting-edge research from multiple disciplines, revealing the ways in which neural processes are fundamentally shaped by interpersonal relationships throughout life. And even when early experiences are not optimal, building deeper connections to other people and to one's own internal experience remains a powerful resource for growth. Professors praise the book’s utility in courses from developmental psychology and child development to neuroscience and counseling. New to This Edition *Incorporates findings from a huge body of recent research; over 1,000 citations added. *Revisits and refines the core hypotheses of interpersonal neurobiology. *Chapter on the experience of belonging and the development of identity. *New or expanded discussions of behavioral epigenetics, the default mode network of the brain, social neuroscience, cultural and gender issues, theory of mind, the Wheel of Awareness contemplative practice, the science of consciousness, and more.
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