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This article provides an overview and critical assessment of WIPO ALERT. It locates this initiative in the broader context of transnational IP enforcement schemes on the Internet. These initiatives are classified into two categories according to their point of attachment and geographical effect. Whereas source-related measures (e.g. website takedowns) tend to have a transnational and possibly even a global effect, recipient-related measures (e.g. website and ad blockings) typically mirror the territorially fragmented IPR landscape. This fragmentation is where WIPO ALERT comes into play. It can be understood as a matching service which interconnects holders of information about copyright infringing websites (“Authorized Contributors”) and actors of the online ad industry who want to avoid these outlets (“Authorized Users”). The critical assessment of WIPO ALERT calls for more transparency and the establishment of uniform substantive and procedural standards that have to be met if a new “site of concern” is added to the global ad blacklist.
We contribute to the debate about the future of capital markets and corporate finance, which has ensued against the background of a significant boom in private markets and a corresponding decline in the number of firms and the amount of capital raised in public markets in the US and Europe.
Our research sheds light on the fluctuating significance of public and private markets for corporate finance over time, and challenges the conventional view of a linear progression from one market to the other. We argue instead that a more complex pattern of interaction between public and private markets emerges, after taking a long-term perspective and examining historical developments more closely.
We claim that there is a dynamic divide between these markets, and identify certain factors that determine the degree to which investors, capital, and companies gravitate more towards one market than the other. However, in response to the status quo, other factors will gain momentum and favor the respective other market, leading to a new (unstable) equilibrium. Hence, we observe the oscillating domains of public and private markets over time. While these oscillations imply ‘competition’ between these markets, we unravel the complementarities between them, which also militate against a secular trend towards one market. Finally, we examine the role of regulation in this dynamic divide as well as some policy implications arising from our findings.
Art-related non-fungible tokens (NFTs) took the digital art space by storm in 2021, generating massive amounts of volume and attracting a large number of users to a previously obscure part of blockchain technology. Still, very little is known about the attributes that influence the price of these digital assets. This paper attempts to evaluate the level of speculation associated with art NFTs, comprehend the characteristics that confer value on them and design a profitable trading strategy based on our findings. We analyze 860,067 art NFTs that have been deployed on the Ethereum blockchain and have been involved in 317,950 sales using machine learning methods to forecast the probability of sale, the trade frequency and the average price. We find that NFTs are highly speculative assets and that their price and recurrence of sale are heavily determined by the floor and the last sale prices, independent of any fundamental value.
The discount control mechanisms that closed-end funds often choose to adopt before IPO are supposedly implemented to narrow the difference between share price and net asset value. We find evidence that non-discretionary discount control mechanisms such as mandatory continuation votes serve as costly signals of information to reveal higher fund quality to investors. Rents of the skill signaled through the announcement of such policies accrue to managers rather than investors as differences in skill are revealed through growing assets under management rather than risk- adjusted performance.
We analyze the performance of marketplace lending using loan cash flow data from the largest platform, Lending Club. We find substantial risk-adjusted performance of about 40 basis points per month for the entire loan portfolio. Other loan portfolios grouped by risk category have similar risk-adjusted performance. We show that characteristics of the local bank sector for each loan, such as concentration of deposits and the presence of national banks, are related to the performance of loans. Thus, marketplace lending has the potential to finance a growing share of the consumer credit market in the absence of a competitive response from the traditional incumbents.
Armstrong et al. (2022) review the empirical methods used in the accounting literature to draw causal inferences. They document a growing number of studies using quasi-experimental methods and provide a critical perspective on this trend as well as the use of these methods in the accounting literature. In this discussion, I complement their review by broadening the perspective. I argue for a design-based approach to accounting research that shifts attention from methods to the entire research design. I also discuss why studies that aim to draw causal inferences are important, how these studies fit into the scientific process, and why assessing the strength of the research design is important when evaluating studies and aggregating research findings.
Financial ties between drug companies and medical researchers are thought to bias results published in medical journals. To enable readers to account for such bias, most medical journals require authors to disclose potential conflicts of interest. For such policies to be effective, conflict disclosure must modify readers’ beliefs. We therefore examine whether disclosure of financial ties with industry reduces article citations, indicating a discount. A challenge to estimating this effect is selection as drug companies may seek out higher quality authors as consultants or fund their studies, generating a positive correlation between disclosed conflicts and citations. Our analysis confirms this positive association. Including observable controls for article and author quality attenuates but does not eliminate this relation. To tease out whether other researchers discount articles with conflicts, we perform three tests. First, we show that the positive association is weaker for review articles, which are more susceptible to bias. Second, we examine article recommendations to family physicians by medical experts, who choose from articles that are a priori more homogenous in quality. Here, we find a significantly negative association between disclosure and expert recommendations, consistent with discounting. Third, we conduct an analysis within author and article, exploiting journal policy changes that result in conflict disclosure by an author. We examine the effect of this disclosure on citations to a previously published article by the same author. This analysis reveals a negative citation effect. Overall, we find evidence that disclosures negatively affect citations, consistent with the notion that other researchers discount articles with disclosed conflicts.
Speculative news on corporate takeovers may hurt productivity because uncertainty and threat of job loss cause anxiety, distraction, and reduced collaboration and morale among employees and managers. Using a panel of OECD-headquartered firms, we show that firm productivity temporarily declines upon announcements of speculative takeover rumors that do not materialize. This productivity dip is more pronounced for targets and for firms in countries with weaker employee rights and less long-term orientation. Abnormal stock returns mirror these results. The evidence fosters our understanding of potential real effects of speculative financial news and the costs of takeover threats.
Unquestionably (or: undoubtedly), every competent speaker has already come to doubt with respect to the question of which form is correct or appropriate and should be used (in the standard language) when faced with two or more almost identical competing variants of words, word forms or sentence and phrase structure (e.g. German "Pizzas/Pizzen/Pizze" 'pizzas', Dutch "de drie mooiste/mooiste drie stranden" 'the three most beautiful/most beautiful three beaches', Swedish "större än jag/mig" 'taller than I/me'). Such linguistic uncertainties or "cases of doubt" (cf. i.a. Klein 2003, 2009, 2018; Müller & Szczepaniak 2017; Schmitt, Szczepaniak & Vieregge 2019; Stark 2019 as well as the useful collections of data of Duden vol. 9, Taaladvies.net, Språkriktighetsboken etc.) systematically occur also in native speakers and they do not necessarily coincide with the difficulties of second language learners. In present-day German, most grammatical uncertainties occur in the domains of inflection (nominal plural formation, genitive singular allomorphy of strong masc./neut. nouns, inflectional variation of weak masc. nouns, strong/weak adjectival inflection and comparison forms, strong/weak verb forms, perfect auxiliary selection) and word-formation (linking elements in compounds, separability of complex verbs). As for syntax, there are often doubts in connection with case choice (pseudo-partitive constructions, prepositional case government) and agreement (especially due to coordination or appositional structures). This contribution aims to present a contrastive approach to morphological and syntactic uncertainties in contemporary Germanic languages (mostly German, Dutch, and Swedish) in order to obtain a broader and more fine-grained typology of grammatical instabilities and their causes. As will be discussed, most doubts of competent speakers - a problem also for general linguistic theory - can be attributed to processes of language change in progress, to language or variety contact, to gaps and rule conflicts in the grammar of every language or to psycholinguistic conditions of language processing. Our main concerns will be the issues of which (kinds of) common or different critical areas there are within Germanic (and, on the other hand, in which areas there are no doubts), which of the established (cross-linguistically valid) explanatory approaches apply to which phenomena and, ultimately, the question whether the new data reveals further lines of explanation for the empirically observable (standard) variation.
Climate crimes – a critique
(2023)
This paper aims on taking a critical approach to the emerging debate on climate criminal justice, that is mostly about something labeled „climate criminal law“ („Klimastrafrecht“). The critique is directed at climate crimes intended to protect our habitable climate („Klimaschutzstrafrecht“) or to prevent climate change („Klimawandelpräventionsstrafrecht“) staged as transformational criminal law. “Fighting" climate change with climate crimes can lull us into deceptive certainties and by extension into perilous idleness; and it will do so if we think of climate protection essentially in terms of traditional criminal law. Climate crimes are based on the idea that we can counter climate change with the "sharpest sword" available to a polity (cf. the German and Continental European ultima-ratio principle) and that we can thereby also get hold of "the powerful". But these certainties rest on but normative (and at heart: liberal) doctrines, which are deceptive in having lost touch with the realities of the administration of criminal justice. They obscure that more effective measures are available to mitigate the climate crisis and that "the powerful" will likely be shielded with and by climate crimes. Therefore, the climate crimes approach to the climate crisis may just turn out to be (self-)appeasement. It obfuscates that more effective measures are likely necessary to avert impending crises. Our critique is therefore not "only" directed at the symbolic, but the dysfunctional and "dark side" of climate crimes.