Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.

How should copyright exceptions be drafted? This is a question of ongoing concern in scholarly and law reform debates. In Drafting Copyright Exceptions, Emily Hudson assesses drafting options using insights from the standards and rules literature, and case studies from cultural institutions in Australia, Canada, the UK and the US. Drawing on thousands of hours of fieldwork conducted over fourteen years, the book describes how staff engage with and interpret the law. Whilst some practices are guided strongly by copyright doctrine, others are influenced by the factors such as ethical views, risk assessment, and prosaic matters related to collection management. This work should be read by anyone interested in a detailed account of interpretative practices related to the drafting of copyright exceptions, but it also speaks to broader debates about the relationship between the 'law in books' and the 'law in action'.

Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve.

Special rules enable the Senate to act despite the filibuster. Sometimes. Most people believe that, in today's partisan environment, the filibuster prevents the Senate from acting on all but the least controversial matters. But this is not exactly correct. In fact, the Senate since the 1970s has created a series of special rules—described by Molly Reynolds as “majoritarian exceptions”—that limit debate on a wide range of measures on the Senate floor. The details of these exemptions might sound arcane and technical, but in practice they have enabled the Senate to act even when it otherwise seemed paralyzed. Important examples include procedures used to pass the annual congressional budget resolution, enact budget reconciliation bills, review proposals to close military bases, attempt to prevent arms sales, ratify trade agreements, and reconsider regulations promulgated by the executive branch. Reynolds argues that these procedures represent a key instrument of majority party power in the Senate. They allow the majority—even if it does not have the sixty votes needed to block a filibuster—to produce policies that will improve its future electoral prospects, and thus increase the chances it remains the majority party. As a case study, Exceptions to the Rule examines the Senate's role in the budget reconciliation process, in which particular congressional committees are charged with developing procedurally protected proposals to alter certain federal programs in their jurisdictions. Created as a way of helping Congress work through tricky budget issues, the reconciliation process has become a powerful tool for the majority party to bypass the minority and adopt policy changes in hopes that it will benefit in the next election cycle.

To thoroughly understand what makes Linux tick and why it's so efficient, you need to delve deep into the heart of the operating system--into the Linux kernel itself. The kernel is Linux--in the case of the Linux operating system, it's the only bit of software to which the term "Linux" applies. The kernel handles all the requests or completed I/O operations and determines which programs will share its processing time, and in what order. Responsible for the sophisticated memory management of the whole system, the Linux kernel is the force behind the legendary Linux efficiency. The new edition of Understanding the Linux Kernel takes you on a guided tour through the most significant data structures, many algorithms, and programming tricks used in the kernel. Probing beyond the superficial features, the authors offer valuable insights to people who want to know how things really work inside their machine. Relevant segments of code are dissected and discussed line by line. The book covers more than just the functioning of the code, it explains the theoretical underpinnings for why Linux does things the way it does. The new edition of the book has been updated to cover version 2.4 of the kernel, which is quite different from version 2.2: the virtual memory system is entirely new, support for multiprocessor systems is improved, and whole new classes of hardware devices have been added. The authors explore each new feature in detail. Other topics in the book include: Memory management including file buffering, process swapping, and Direct memory Access (DMA) The Virtual Filesystem and the Second Extended Filesystem Process creation and scheduling Signals, interrupts, and the essential interfaces to device drivers Timing Synchronization in the kernel Interprocess Communication (IPC) Program execution Understanding the Linux Kernel, Second Edition will acquaint you with all the inner workings of Linux, but is more than just an academic exercise. You'll learn what conditions bring out Linux's best performance, and you'll see how it meets the challenge of providing good system response during process scheduling, file access, and memory management in a wide variety of environments. If knowledge is power, then this book will help you make the most of your Linux system.

* Treats LISP as a language for commercial applications, not a language for academic AI concerns. This could be considered to be a secondary text for the Lisp course that most schools teach . This would appeal to students who sat through a LISP course in college without quite getting it – so a "nostalgia" approach, as in "wow-lisp can be practical..." * Discusses the Lisp programming model and environment. Contains an introduction to the language and gives a thorough overview of all of Common Lisp’s main features. * Designed for experienced programmers no matter what languages they may be coming from and written for a modern audience—programmers who are familiar with languages like Java, Python, and Perl. * Includes several examples of working code that actually does something useful like Web programming and database access.

While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.

In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Are you looking for a deeper understanding of the JavaTM programming language so that you can write code that is clearer, more correct, more robust, and more reusable? Look no further! Effective JavaTM, Second Edition, brings together seventy-eight indispensable programmer’s rules of thumb: working, best-practice solutions for the programming challenges you encounter every day. This highly anticipated new edition of the classic, Jolt Award-winning work has been thoroughly updated to cover Java SE 5 and Java SE 6 features introduced since the first edition. Bloch explores new design patterns and language idioms, showing you how to make the most of features ranging from generics to enums, annotations to autoboxing. Each chapter in the book consists of several “items” presented in the form of a short, standalone essay that provides specific advice, insight into Java platform subtleties, and outstanding code examples. The comprehensive descriptions and explanations for each item illuminate what to do, what not to do, and why. Highlights include: New coverage of generics, enums, annotations, autoboxing, the for-each loop, varargs, concurrency utilities, and much more Updated techniques and best practices on classic topics, including objects, classes, libraries, methods, and serialization How to avoid the traps and pitfalls of commonly misunderstood subtleties of the language Focus on the language and its most fundamental libraries: java.lang, java.util, and, to a lesser extent, java.util.concurrent and java.io Simply put, Effective JavaTM, Second Edition, presents the most practical, authoritative guidelines available for writing efficient, well-designed programs.

Consistent, high-quality coding standards improve software quality, reduce time-to-market, promote teamwork, eliminate time wasted on inconsequential matters, and simplify maintenance. Now, two of the world's most respected C++ experts distill the rich collective experience of the global C++ community into a set of coding standards that every developer and development team can understand and use as a basis for their own coding standards. The authors cover virtually every facet of C++ programming: design and coding style, functions, operators, class design, inheritance, construction/destruction, copying, assignment, namespaces, modules, templates, genericity, exceptions, STL containers and algorithms, and more. Each standard is described concisely, with practical examples. From type definition to error handling, this book presents C++ best practices, including some that have only recently been identified and standardized-techniques you may not know even if you've used C++ for years. Along the way, you'll find answers to questions like What's worth standardizing--and what isn't? What are the best ways to code for scalability? What are the elements of a rational error handling policy? How (and why) do you avoid unnecessary initialization, cyclic, and definitional dependencies? When (and how) should you use static and dynamic polymorphism together? How do you practice "safe" overriding? When should you provide a no-fail swap? Why and how should you prevent exceptions from propagating across module boundaries? Why shouldn't you write namespace declarations or directives in a header file? Why should you use STL vector and string instead of arrays? How do you choose the right STL search or sort algorithm? What rules should you follow to ensure type-safe code? Whether you're working alone or with others, C++ Coding Standards will help you write cleaner code--and write it faster, with fewer hassles and less frustration.