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This country report was prepared for the 19th World Congress of the International Academy of Comparative Law in Vienna in 2014. It is structured as a questionnaire and provides an overview of the legal framework for Free and Open Source Software (FOSS) and other alternative license models like (e.g.) Creative Commons under German law. The first set of questions addresses the applicable statutory provisions and the reported case law in this area. The second section concerns contractual issues, in particular with regard to the interpretation and validity of open content licenses. The third section deals with copyright aspects of open content models, for example regarding revocation rights and rights to equitable remuneration. The final set of questions pertains to patent, trademark and competition law issues of open content licenses.
Noumenal Power
(2014)
In political or social philosophy, we speak about power all the time. Yet the meaning of this important concept is rarely made explicit, especially in the context of normative discussions. But as with many other concepts, once one considers it more closely, fundamental problems arise, such as whether a power relation is necessarily a relation of subordination and domination. In the following, I suggest a novel understanding of what power is and what it means to exercise it.
Political theology’s recent rise to academic prominence has, no doubt, been inspired by the sense of a certain staleness of standard (read: Anglo-American) analytical political and legal theory. Especially postcolonial and postmodern philosophy has resuscitated debates about the reality of secularization in Europe, pointing out that much of our shared political metaphysic is indeed that – a metaphysic – with close historical links to debates in theology. That should be no surprise. For almost half a millennium theology stood as the primus inter pares among the three "higher faculties" at European universities. The best minds at work in Europe explained the social and political changes to European audiences within a fully God-centric intellectual universe. Awareness of that fact, as Wim Decock points out in this massive and brilliant work, not only assists us in understanding the development of our political and legal vocabularies. It also enables us to grasp the contingency of our present debates, the way opposite standpoints on political and legal obligation refer back to assumptions about human nature, the roles of individual and society and the nature of "law" that are hard to detach from religious speculation. ...
Out of area or out of business?: the bourgeois parochialism of international studies conferences
(2014)
Most face-to-face interaction with other IR types happens at conferences, and it’s easy to break conferences down by profile and inclusiveness. The ISA annual conference is supposed to rate pretty highly on both, and almost everyone has been a few times by the end of their post-grad careers. Then there are the conferences that are high profile but less inclusive. APSA, BISA, the ISA regional conferences, and the newly constituted EISA are fairly high profile in that most IR professionals have heard of them, but they’re less inclusive in that few of us would cross broad bodies of water and long customs lines to participate...
This note offers reflections on qualified market access (QMA) - the practice of linking trade agreements to values such as human rights, labour standards, or environmental protection. This idea has been suggested by political theorists as a way of fulfilling our duties to the global poor and of making the global economic system more just, and it has influenced a number of concrete policies, such as European Union (EU) trade policies. Yet, in order to assess its merits tout court, different perspectives and disciplines need to be brought together, such as international law, economics, political science, and philosophy. It is also worth reflecting on existing practices, such as those of the EU. This note summarises some insights about QMA by drawing such research together and considers the areas in which further research is needed, whilst reflecting also on the merits of interdisciplinary exchanges on such topics.
On 11 February, the World Fought back against Mass Surveillance. See those capital letters? They denote Things that Matter – somehow. We don’t necessarily know who ‘We’ are, what the ‘World’ is, nor whether the Mass Surveillance We’re against is the big and sexy kind run by acronymized (foreign) government agencies that We all recently learned about through Edward Snowden or the everyday kind conducted by means of cookies, computer profiles and GPS data we all send to whomever is watching in the course of a normal day’s activities, like checking Facebook, leaving the house to buy some bread or sending family pictures over the holidays via email. But ‘We’ ‘Fought’ ‘Them’, or maybe ‘It’.
The bloody rebellion in Syria has aroused hostilities between Sunni and Shiite Muslims, a religious conflict that dates back to the first Muslim civilwar and the Battle of Siffin in 657 AD which took place on the banks of the Euphrates river, in what is now Ar-Raqqah, Syria. Today we see how the conflict is again spreading from Syria to the rest of the Middle East in places like Tripoli in Libanon, Falludscha in Iraq and Sad’ah in Yemen. But how did it come to this?
The article introduces a research project financed by the Academy of Sciences and Literature Mainz began in 2013 and will extend over an 18-year period. It aims at producing a historical-semantic dictionary elucidating central terms of the School of Salamanca's discourses and their significance for modern political theory and jurisprudence. The project's fundament will be a digital corpus of important texts from the School of Salamanca which will be linked up with the dictionary's online version. By making the source corpus accessible in searchable full text (as well as in high quality digital images), the project is creating a new research tool with exciting possibilities for further investigations. The dictionary will be a valuable source of information for the interdisciplinary research carried out in this field.