Refine
Document Type
- Article (5)
- Working Paper (4)
- Conference Proceeding (1)
Has Fulltext
- yes (10)
Is part of the Bibliography
- no (10) (remove)
Keywords
- internet (10) (remove)
Institute
Der Absturz des Kometen Shoemaker-Levy 9 auf Jupiter entwickelte sich im Sommerloch 1994 zu einem gewaltigen Medienereignis. Im Osnabrücker Planetarium war der Ansturm neugieriger Bürger so groß, daß mehrere zusätzliche Sonderveranstaltungen kurzfristig angesetzt werden mußten. Dabei konnten den Besuchern mit Hilfe der internationalen Gomputernetze und eigener Beobachtungen schon während der Einschläge die aktuellsten Ergebnisse präsentiert werden.
There is an increasing interest in incorporating significant citizen participation into the law-making process by developing the use of the internet in the public sphere. However, no well-accepted e-participation model has prevailed. This article points out that, to be successful, we need critical reflection of legal theory and we also need further institutional construction based on the theoretical reflection.
Contemporary dominant legal theories demonstrate too strong an internal legal point of view to empower the informal, social normative development on the internet. Regardless of whether we see the law as a body of rules or principles, the social aspect is always part of people’s background and attracts little attention. In this article, it is advocated that the procedural legal paradigm advanced by Jürgen Habermas represents an important breakthrough in this regard.
Further, Habermas’s co-originality thesis reveals a neglected internal relationship between public autonomy and private autonomy. I believe the co-originality theory provides the essential basis on which a connecting infrastructure between the legal and the social could be developed. In terms of the development of the internet to include the public sphere, co-originality can also help us direct the emphasis on the formation of public opinion away from the national legislative level towards the local level; that is, the network of governance.1
This article is divided into two sections. The focus of Part One is to reconstruct the co-originality thesis (section 2, 3). This paper uses the application of discourse in the adjudication theory of Habermas as an example. It argues that Habermas would be more coherent, in terms of his insistence on real communication in his discourse theory, if he allowed his judges to initiate improved interaction with the society. This change is essential if the internal connection between public autonomy and private autonomy in the sense of court adjudication is to be truly enabled.
In order to demonstrate such improved co-original relationships, the empowering character of the state-made law is instrumental in initiating the mobilization of legal intermediaries, both individual and institutional. A mutually enhanced relationship is thus formed; between the formal, official organization and its governance counterpart aided by its associated ‘local’ public sphere. Referring to Susan Sturm, the Harris v Forklift Systems Inc. (1930) decision of the Supreme Court of the United States in the field of sexual harassment is used as an example.
Using only one institutional example to illustrate how the co-originality thesis can be improved is not sufficient to rebuild the thesis but this is as much as can be achieved in this article.
In Part Two, the paper examines, still at the institutional level, how Sturm develops an overlooked sense of impartiality, especially in the derivation of social norms; i.e. multi-partiality instead of neutral detachment (section 4). These two ideas should be combined as the criterion for impartiality to evaluate the legitimacy of the joint decision-making processes of both the formal official organization and ‘local’ public sphere.
Sturm’s emphasis on the deployment of intermediaries, both institutional and individual, can also enlighten the discourse theory. Intermediaries are essential for connecting the disassociated social networks, especially when a breakdown of communication occurs due to a lack of data, information, knowledge, or disparity of value orientation, all of which can affect social networks. If intermediaries are used, further communication will not be blocked as a result of the lack of critical data, information, knowledge or misunderstandings due to disparity of value orientation or other causes.
The institutional impact of the newly constructed co-originality thesis is also discussed in Part Two. Landwehr’s work on institutional design and assessment for deliberative interaction is first discussed. This article concludes with an indication of how the ‘local’ public sphere, through e-rulemaking or online dispute resolution, for example, can be constructed in light of the discussion of this article.
Nach vorherrschender Lesart prallen im Internet Exklusivitäts- und Zugangsinteressen aufeinander. Das Urheberrecht soll diesen Konflikt in ein angemessenes Gleichgewicht bringen. Im folgenden Beitrag werden die Auseinandersetzungen um das digitale Urheberrecht anders gedeutet. Demnach ist die Online-Kommunikation von zwei koexistierenden Kulturen geprägt, die sich je verschieden zum Urheberrecht verhalten. Die Ausgestaltung des digitalen Urheberrechts wird mit darüber entscheiden, ob das dynamische Nebeneinander von Exklusivitäts- und Zugangskultur fortdauert oder ob eine der beiden Kulturen verdrängt wird. Das Urheberrecht ist folglich als Teil der Internetregulierung zu betrachten.
According to the prevailing view, the purpose of digital copyright is to balance conflicting interests in exclusivity on the one hand and in access to information on the other. This article offers an alternative reading of the conflicts surrounding copyright in the digital era. It argues that two cultures of communication coexist on the internet, each of which has a different relationship to copyright. Whereas copyright institutionalizes and supports a culture of exclusivity, it is at best neutral towards a culture of free and open access. The article shows that, depending on the future regulation of copyright and the internet in general, the dynamic coexistence of these cultures may well be replaced by an overwhelming dominance of the culture of exclusivity.
This paper reexamines the current legal landscape regarding the protection of trade marks and other industrial property rights in signs on the Internet. It is based on a comparative analysis of EU and national laws, in particular, German, U.S., and U.K. law. It starts with a short restatement of the principles governing trade mark conflicts that occur within a particular jurisdiction (part 2) and proceeds to the regulation of transnational disputes (part 3). This juxtaposition yields two basic approaches. Whereas trade mark conflicts within closed legal systems are generally adjudicated according to a binary either/or logic, transnational disputes are and should indeed be solved in a way that leads to a fair coexistence of conflicting trade mark laws and rights under multiple laws. This paper explains how geolocation technologies can alleviate the implementation of the principle of fair coexistence in concrete cases.
We build a search-and-matching algorithm of network dynamics with decision-making under incomplete information, seeking to understand the determinants of the observed gradual downgrading of expert opinion on complicated issues and the decreasing trust in science. Even without fake news, combining the internet’s ease of forming networks with (a) individual biases, such as confirmation bias or assimilation bias, and (b) people’s tendency to align their actions with those of peers, produces populist and polarization network dynamics. Homophily leads to actions with more weight on biases and less weight on expert opinion, and such actions lead to more homophily.
Device-to-device (D2D) communication is an innovative solution for improving wireless network performance to efficiently handle the ever-increasing mobile data traffic. Communication takes place directly between two devices that are in each other’s transmission range. So far, research has focused on the technical challenges of implementing this technology and assumes a user’s general willingness to participate as forwarder in this technology. However, this simplifying assumption is not realistic, as willingness to participate in D2D communication can vary depending on the user. In this work, we consider the scenario that a user can act as a forwarder for a receiver who is not directly or insufficiently reached by the base station and accordingly has no or poor Internet connection. We take a user-centric approach and investigate the willingness to provide an Internet connection as a forwarder. We are the first to investigate user preferences for D2D communication using a choice-based conjoint analysis. Our results, based on a representative sample of potential users (N=181), show that the social relationship between the potential forwarder and the receiver has the greatest impact on the potential forwarder’s decision to provide an Internet connection to the receiver, accepting sacrifices in terms of additional battery consumption and reduced own service performance. In a detailed segment analysis, we observe significant preference differences depending on smartphone usage behavior and user age. Taking the corresponding preferences into account when matching forwarders and receivers can further increase technology adoption.
Lockdown measures during the COVID-19 pandemic have led to reductions in physical activity (PA) worldwide. Leading public health organizations have recommended the use of online exercise classes (OEC) to compensate the loss of regular exercise classes. As of now, no data are available on the uptake of OEC and on users’ attitudes. The aim of the current online survey was to assess the use of and attitudes towards OEC in Germany. Respondents indicated awareness and use of OEC, and levels of agreement with statements on OEC. Frequency of awareness and use of OEC according to PA status were calculated with contingency tables and the Χ2 test. Differences between users and non-users were tested with the Student’s t-test and the Mann–Whitney U test. Data on attitudes are presented as percentages, and Spearman correlations were calculated between attitudes and activity status, frequency of use, educational attainment, age and body mass index. A total of 979 datasets were analyzed. Of the respondents, 681 were aware of and 180, 118 and 84 used them <1 per week, 1–2 per week and ≥3 per week, respectively. Significantly more active respondents were aware of and used OEC compared to less active respondents. All in all, regular OEC use was quite limited. OEC was differentially attractive to people according to PA status, frequency of use, BMI and age. Tailoring OEC to current non-users and adding motivational support might enhance the regular use of OEC.
Germany experienced a 6-month second lockdown (November 2020–April 2021) during the COVID-19 pandemic, which included the closure of all physical activity (PA) facilities. The use of online exercise classes (OECs) was promoted by public health and exercise organizations. Using the present cross-sectional online survey, we assess the use of and opinion towards OECs in Germany during the second lockdown. We used contingency tables and the Chi2 test to calculate the frequency of awareness and use of OECs according to PA status, well-being and demographic data, and conducted a binary logistic regression with OEC awareness or use and dichotomized independent predictors. The associations between opinion and activity status, frequency of use, educational attainment, age and body mass index were calculated using Spearman correlations. A total of 993 datasets were analyzed in detail. Of the 785 (79.1%) participants reporting awareness of OECs, 536 tried them, and 262, 188 and 85 used them <1 per week, 1–2 per week and ≥3 per week, respectively. The users were typically active, female participants with poorer mental well-being. The opinions towards OECs varied according to participant characteristics, such as activity status, BMI and age. Overall, regular OEC use was quite limited, and, as such, cannot replace in-person exercise opportunities. Keeping physical activity facilities open and safe must be prioritized in the ongoing pandemic.
Amidst the growing interest in enhancing the academic understanding of the relationships between e-shopping and transport, a key element remains underexplored – the impact of e-shopping on spatial accessibility to in-store retail. The paper studies variations in multimodal accessibility to in-store retail between e-shopper groups and the associated spatial effects. The research is based on a face-to-face questionnaire, administered in the city of Alcalá de Henares (Madrid Metropolitan Area, Spain), which provides data on socio-economic characteristics, e-shopping habits, and travel time preferences to reach in-store retail. Clustering techniques serve to identify three e-shopper groups: occasional e-shoppers with a car, infrequent e-shoppers with a car, and frequent e-shoppers without a car. A comparison of e-shopper distance-decay functions to reach in-store retail is made, revealing significant differences between the three e-shopper groups for car and public transport for any time interval. However, for walking such differences are limited to time intervals between 10 and 40 minutes. Distance-decay functions are processed through a gravity-based model, identifying three main multimodal accessibility places: highly resistant places to e-shopping, moderately resistant places, and vulnerable places. Places that are highly resistant to e-shopping are mainly located in the city centre, while vulnerable places are mostly found in the city’s periphery. The paper closes with concluding remarks on policymaking and a few pathways for future research.