Intangible cultural heritage is an invaluable treasure for human being and China is a country endowed with rich ICH. Among all the measures of safeguarding ICH, intellectual property tools are effective while controversial. As China started relatively late in the legal protection of ICH, the gap between legislation and judiciary needs to be filled in. This study examines the IP protection of ICH in China based on the current laws and regulations and then provides a semiotic approach to (...) the relevant legal evolution in China. This study, taking in some experiences outside China, goes further to provide recommendations for improving the IP protection in China. (shrink)

Intellectual property law has been interacting with software for over sixty years. Despite this, the law in this area remains confused and uncertain: this is particularly evident in patent law. Focusing on U.S. patent law from the 1960s through to the mid-1970s, this article argues that a key reason for this confusion relates to the particular way that the subject matter was construed. While the early discussions about subject matter eligibility were framed in terms of the question “is software (...) patentable?”, what was really at stake in these debates was the preliminary ontological question: what is software? Building on work that highlights the competing ways that software was construed by different parts of the information technology industry at the time, the article looks at the particular way that the law responded to these competing interpretations and how in so doing it laid the foundation for the confusion that characterizes the area. When engaging with new types of subject matter, patent law has consistently relied on the relevant techno-scientific communities not only to provide the law with a relatively clear understanding of the nature of the subject matter being considered; they have also provided the means to allow the law to describe, demarcate, and identify that new subject matter. The inherently divided nature of the nascent information technology industry meant that this was not possible. As a result, the law was forced to develop its own way of dealing with the would-be subject matter. (shrink)

In the global marketplace of ideas, accusations are often made that certain countries refuse to protect intellectual property (IP). This accusation fails to account for cultural differences in the recognition of IP This paper considers the impact of cultural variables upon a nation’s level of (IP) protection. Cultural variables such as humane orientation and in-group collectivism have a negative impact upon IP protection, while uncertainty avoidance and future orientation have a positive impact upon IP protection. Managerial implications of these (...) findings are discussed. (shrink)

Este texto analizará críticamente la actual fase económica para mostrar la importancia de los bienes comunes intangibles. Sondea la tesis de un nuevo modo de producción «en ciernes», basado en la gestión colaborativa. Analiza los intangibles de acuerdo a su calidad y carácter. Compara los sistemas de patentes y derechos de propiedad intelectual que permiten su apropiación y las resistencias a su «comoditización» desde el software libre y las propuestas de flexibilización de derechos de autor. Advierte sobre el «fetichismo tecnológico» (...) y propone un marco mínimo de discernimiento en dilemas vinculados a estas materias.It will scan critically the current economic phase to show the importance of the intangible commons. Investigate the thesis of a new mode of production based on collaborative knowledge management. Analyze the specificities of the intangible commons according to their quality and character. We will compare the patent and intellectual property rights that allow its appropriation. Study the resistance to its «commoditization» from the free software paradigm and the proposed relaxation of copyright. Warn of the risks of new forms of «technological fetishism» and conclude by proposing a minimum framework of discernment dilemmas in these matters. (shrink)

Drawing on debates about Intangible Cultural Heritage (ICH) safeguarding at the local and international level, Intangible Cultural Heritage and Sustainable Development: Inside a UNESCO Convention, explores the theoretical and practical implications of the intertwinement between these policy fields. Considering how Sustainable Development (SD) priorities are influencing representations of ICH, the volume questions how they are expanding the frontiers of the heritage realm and unsettling accepted understandings of the social uses of heritage. The contributing authors, who hail from a (...) variety of different contexts and disciplinary backgrounds, explore these issues from a unique vantage point as both scholars and actors of the processes they analyze. Playing different roles in the implementation of the Convention, their positioning as insiders allows for a unique analytical perspective that is based on first-hand engagement with the practices of the Convention. Intangible Cultural Heritage and Sustainable Development: Inside a UNESCO Convention sheds light on the complexity, potential and consequences of combining ICH and SD at the policy-making level and in heritage practices on the ground. It will be of interest to academics and students working in heritage studies, development studies, anthropology, archaeology, international law, political science, international relations and sociology. (shrink)

This chapter uses the main principle to explain why economic rights should be regarded as human rights. Property rights, contract rights, and other economic rights are a solution to the productive investment CAP. Property and contract rights are not defined a priori, but should be defined in a way that they will, as a practice, do the best job of equitably promoting life prospects. The chapter uses the main principle to explain the moral appropriateness of the contours of (...) property rights to both tangible and intangible property; exceptions to contracts, including unconscionability, implied warranties, strict liability, mandatory disclosure, bankruptcy; the replacement of caveat emptor with caveat venditor in win-win contracts; market economies; negative income tax; voluntary consent to economic and other transactions; prohibitions on slavery contracts; minimum wage legislation. The chapter contrasts his account with fair starting-point theories of justice, including Ronald Dworkin’s theory. He also contrasts his account with Richard Posner’s account of the common law in terms of economic efficiency. (shrink)

This thesis is an investigation of the feasibility of a micropolitical analysis as an evaluative scheme for the analysis of property. The limitations of historical and normative frameworks are discussed. The ontological features of power as understood by Filmer and Locke are compared, and these, to a Foucauldian view of power. The Foucauldian view of power is a better tool of analysis since it reveals and explains more features of "property", including the way that a Lockean conception of (...) property and power, as a point of authority, affects the discourse of property itself. Using a personal and an historical example of the private/public distinction, I establish that these are relational terms built up by various rules of inclusion and exclusion, not upon any prior ground. In particular, I highlight how the production of knowledge functions as one of the conduits in or out of domains; that is, the public and the private are domains of expertise or authority on property. Individuals occupy subjectivities available within the discourse of property which position them, or allow them to position others, as having legitimate or illegitimate relations to property. I show how these subjectivities are the central functional feature of the possibility of normativity. That is to say, whether and how forms of property relations can be evaluated depends on the production of forms of judgment which a subject position makes possible, in form and in content. I ask how present subject positions within the domains of tangible and intangible property work to extend or delimit these domains as moral, political or economic ones. The possibilities of judgment and of freedom from judgment as formal strategies of 4 distinct regimes of power are enumerated, offering an evaluative framework. I ask what, in the domain of property, these 4 regimes offer as formal possibilities for freedom, fairness, and equality. Lastly, I explore Deleuze's concepts of the rhizome and the arborescent with a similar view to reading property as a question of one kind of line rather than another. Finally, I generate from this critical cartography, and bearing in mind the examples of pregnancy and potlatch, a number of responsible strategies one could make from the subject positions identified. (shrink)

In this article I argue that the proper subjects of intangible property claims include medical records, genetic profiles, and gene enhancement techniques. Coupled with a right to privacy these intangible property rights allow individuals a zone of control that will, in most cases, justifiably exclude governmental or societal invasions into private domains. I argue that the threshold for overriding privacy rights and intangible property rights is higher, in relation to genetic enhancement techniques and sensitive (...) personal information, than is commonly suggested. Once the bar is raised, so‐to‐speak, the burden of overriding it is formidable. Thus many policy decisions that have been recently proposed or enacted – citywide audio and video surveillance, law enforcement DNA sweeps, genetic profiling, national bans on genetic testing and enhancement of humans, to name a few – will have to be backed by very strong arguments. (shrink)

The existence of sovereign rights over genetic resources is today well recognized in international law. However, the legal status of such resources in terms of property rights is still unclear. The consideration of this issue requires a clear distinction between physical and intangible property. Legislation in developed countries has extended patent protection to genetic resources, in addition to the protection of plant varieties via breeders' rights. The extension of protection and the implementation of the TRIPs Agreement may (...) have important implications for breeding programs and trade in seeds. While intellectual property protection of genetic resources is rapidly advancing, considerable work is still to be done to ensure the compensation for the informal innovations made by local and indigenous communities. (shrink)

The traditional Lockean justification of property rights has been argued to be no longer valid in a world in which much wealth does not derive from acquisitions of natural resources, and in which much property, such as money, is intangible. This means that libertarians need to reconsider whether and why property rights are justified for objects that fall outside of the scope of the Lockean justification. This paper gives a justification of property rights in relation (...) to modern money, which uses the self-ownership principle as its central premise. Since modern money is a form of credit, I start with a justification of credit property rights. I then consider both money under gold convertibility and present-day fiat systems, showing that the justification of credit property rights remains valid under these conditions. (shrink)

This chapter contains sections titled: Analytical Issues The Need for Justification Justificatory Theories References.

In this article I argue that the proper subjects of intangible property claims include medical records, genetic profiles, and gene enhancement techniques. Coupled with a right to privacy these intangible property rights allow individuals a zone of control that will, in most cases, justifiably exclude governmental or societal invasions into private domains. I argue that the threshold for overriding privacy rights and intangible property rights is higher, in relation to genetic enhancement techniques and sensitive (...) personal information, than is commonly suggested. Once the bar is raised, so‐to‐speak, the burden of overriding it is formidable. Thus many policy decisions that have been recently proposed or enacted – citywide audio and video surveillance, law enforcement DNA sweeps, genetic profiling, national bans on genetic testing and enhancement of humans, to name a few – will have to be backed by very strong arguments. (shrink)

I argue there is a distinct and integrated property-concept applying directly, not to things, but to actions. This concept of Property in Activities describes a determinate ethico-political relation to a particular activity – a relation that may (but equally may not) subsequently effect a wide variety of relations to some thing. The relation with the activity is fixed and primary, and any ensuing relations with things are variable and derivative. Property in Activities illuminates many of the vexing (...) problem cases arising in property theory. Communal, intangible, fugacious, hunting, fishing, customary and recreation property rights are not ersatz instances of owning things – they are paradigms of Property Protected Activities. The same is true of the functioning of property in various aspects of contemporary law, its application in philosophical arguments such as Locke’s, and much of its historical application prior to the Nineteenth Century. By illustrating how one stable concept can resolve this myriad of otherwise puzzling cases, I argue that Property in Activities is as important and influential a concept as Ownership of Things. (shrink)

The article attempts to present a thorough analysis of intelectual property, as main property of a modern company, from the perspective of private law. The article anlyzes the essence of the intangible resources that form the intellectual capital and discusses whether the modern institutes of law allow the universal protection of companies‘ intellectual capital. The first part of the article analizes the conception of intangible resources and provides their qlassification. The second part of the article discusses (...) the understanding of intellectual capital and importance thereof to modern companies. In the third part of the article, the possibility to financially account all intellectual property of a company is analyzed. The forth and fifth parts of the article reveal the possibilities of legal protection of intellectual capital. The law on intelectual property is not sufficient to protect all intelectual capital because it protects only that part of intangibles, which become the onjects of the intelectual property. (shrink)

The past three decades have seen a decline in traditional industries in the United Kingdom and there has been a relative decline in the value of physical assets to the UK economy. At the same time, the value of intangible assets seen in intellectual property rights have increased considerably. As such, IP rights represent important assets for companies and often comprise the foundation for market dominance and continued profitability. There is a structural uncertainty in the law relating to (...) the use of IP as collateral for the purpose of raising debt finance and this may impact upon the survival of firms with high ratios of intangible to tangible assets. This article considers the proper goals for an effective credit and security regime in IP. It examines the significance of the availability of collateral to the lending decision and also considers whether the reluctance to maximise the use of IP as security reflects inherent difficulties which arise out of the nature of IP as economic assets. This has implications for the reform of English personal property security law and the development of bright line priority rules associated with Article 9 of the US Uniform Commercial Code which is often cited as a model for reform of English law. (shrink)

This essay examines Hume’s treatment of money in light of his view of the imagination. It begins with his claim that money is distinct from wealth, the latter arising, according to vulgar reasoning, from the power of acquisition that it represents, or, understood philosophically, from the labor that produces it. The salient features that Hume identifies with the imagination are then put forth, namely its power to combine ideas creatively and the principle of easy transition that characterizes its movement among (...) them. Two issues that these features explain are then discussed: first, why people take value to lie in the material of which money is made, and, second, why they assign value to what they take money to represent, namely, wealth. In both cases, the imagination creates a new relation, an illusion or fiction, that cannot be traced directly to experience. In the case of money, the faculty conjoins what is intangible (the power of acquisition) with the physical qualities of specie; in the case of property it produces a causal relation that connects persons with objects to constitute stable possession that constitutes ownership. Hume also appeals to the imagination to explain the rules of property that subsequently develop (present possession, occupation, prescription, and transference). The essay concludes by emphasizing that being based on the imagination is not in itself indicative of any instability in either money or property and the practices they enshrine, a feature they share with other phenomena (such as the self and continued existence) that Hume also traces to the same faculty. (shrink)

This article seeks to understand contractual rights through an examination of the possible ‘property’ content in contracts in the context of the inducement tort and conversion. It argues that, contrary to popular perception, contracts and property are different shades of a similar phenomenon. Not being a reified ‘thing’ with stable features and structure, property is a relative rather than an absolute concept. To determine whether the holder of an intangible resource ought to be conferred with ‘ (...) class='Hi'>property’ or exclusive control of access to such resource, one has to evaluate the relevant practical, legal and moral considerations. Applied to the context of inducing breach of contract and conversion, this analysis demonstrates that a contractual right is in fact a composite collection of distinct interests and each tort may be protective of one or more of such interests. Thus, liability is imposed for inducing breach of contract because tort law recognizes the promisee's exclusive right to the peremptory status of the promisor's promise. On the other hand, the wrongfulness of converting a contract lies in the usurpation of a contracting party's control, or the exclusive entitlement to decide whether and how to exercise her rights under the contract. (shrink)

In this article I critically examine Adam Moore’s claim that the threshold for overriding intangible property rights and privacy rights is higher, in relation to genetic enhancement techniques and sensitive personal information, than is commonly suggested. I argue that Moore fails to see how important advances in genetic research are to social justice. Once this point is emphasised one sees that the issue of how formidable overriding these rights are is open to much debate. There are strong reasons, (...) on grounds of social justice, for thinking the importance of such rights is likely to be diminished in the interests of ensuring a more just distribution of genes essential to pursuing what John Rawls calls a person’s ”rational plan of life’. (shrink)

In developing artificial intelligence (AI), researchers often benchmark against human performance as a measure of progress. Is this kind of comparison possible for moral cognition? Given that human moral judgment often hinges on intangible properties like “intention” which may have no natural analog in artificial agents, it may prove difficult to design a “like‐for‐like” comparison between the moral behavior of artificial and human agents. What would a measure of moral behavior for both humans and AI look like? We unravel (...) the complexity of this question by discussing examples within reinforcement learning and generative AI, and we examine how the puzzle of evaluating artificial agents' moral cognition remains open for further investigation within cognitive science. (shrink)

While autonomy arguments provide a compelling foundation for free speech, they also support individual privacy rights. Considering how speech and privacy may be justified, I will argue that the speech necessary for self-government does not need to include details that would violate privacy rights. Additionally, I will argue that if viewed as a kind of intangible property right, informational privacy should limit speech and expression in a range of cases. In a world where we have an overabundance of (...) content to consume, much of which could be called “information pollution,” and where there are numerous platforms to broadcast one’s expressions, it is increasingly difficult to maintain that speech should trump privacy. (shrink)

In this article I critically examine Adam Moore's claim that the threshold for overriding intangible property rights and privacy rights is higher, in relation to genetic enhancement techniques and sensitive personal information, than is commonly suggested. I argue that Moore fails to see how important advances in genetic research are to social justice. Once this point is emphasised one sees that the issue of how formidable overriding these rights are is open to much debate. There are strong reasons, (...) on grounds of social justice, for thinking the importance of such rights is likely to be diminished in the interests of ensuring a more just distribution of genes essential to pursuing what John Rawls calls a person's `rational plan of life'. (shrink)

In this work we analyse the main interpretations of ownership in Original Institutional Economics (OIE) and their links with pragmatist psychology and psychoanalysis. We consider Thorstein Veblen's notion of ownership as a relation of possession of persons, and John R.Commons's distinction between “corporeal” and “intangible” property, that marks the shift from a material possession of goods and arbitrary power over the workers to the development of human faculties in a more participatory environment. For space reasons we do not (...) address other contributions developed both by the OIE and by the New Institutional Economics. We then consider a number of contributions of pragmatist social psychology and psychoanalysis that, although not dealing directly with the notion of ownership, can cast light not only on the private and “material“ aspects of ownership but also on its collective and “relational aspects”. The reason why we consider it useful to address different perspectives is that, as observed by the famous sociologist Karl Mannheim (1952), a landscape can be seen only from a determined perspective and without perspective there is no landscape. Hence, observing a landscape (or phenomenon) from different angles (or disciplines) can help to acquire a much clearer insight into the features of the various perspectives. And this is one of the main advantage of a pluralist approach to the study of economic and social phenomena, also aimed at overcoming the fragmentation so often present in social sciences. In this light, the interpretative theories that we address, however different in many respects, present notable complementarities, in the sense that the aspects more overlooked by some are more completely considered by the others. In our work, these different but complementary notions of ownership can help illuminate the manifold aspects of human relations, also with a view to provide a more tailored policy action for the solution of their more problematic aspects. (shrink)

Conçues pour des biens ayant une consistance matérielle, nombre d'infractions pénales ont été sollicitées ces dernières années pour s'appliquer à des biens immatériels tels qu'un numéro de carte bancaire, un projet de borne informatique, du temps de travail ou encore des données informatiques. Au-delà de la matière répressive, l'ambition de cet ouvrage est de se livrer à une étude plus générale de l'adaptation du droit au développement de l'immatériel pour déterminer jusqu'où l'on peut juridiquement aller dans sa prise en compte. (...) C'est un fait indéniable que l'immatériel prend une place de tout premier plan dans la société contemporaine. Le droit des siècles passés connaissait, certes, déjà l'incorporalité, mais nul doute que les potentialités actuelles ouvrent des perspectives nouvelles. L'ouvrage propose tout d'abord de préciser la notion d'immatériel en recourant à des approches non juridiques. Le point de vue du philosophe et celui du physicien peuvent fournir des clés pour percer un concept que le juriste pourra ensuite aborder de manière pragmatique. S'agissant de l'appréhension juridique de l'immatériel, deux mouvements peuvent être observés. D'une part, l'immatériel est un objet que le droit s'efforce d'intégrer ; d'autre part, il est un outil que le droit peut exploiter. Sur le premier point, il s'agit d'examiner comment le droit parvient à s'adapter à l'émergence de nouvelles formes d'objet et surtout d'identifier les limites qui ne pourront ou ne devront pas être dépassées. Même lorsque l'on s'intéresse à des matières qui ont été conçues pour régir l'immatériel, telle que la propriété intellectuelle, on observe en effet que tout objet ne peut être saisi et on devine alors que de telles limites doivent a fortiori exister lorsque l'on est en présence de branches du droit qui n'étaient originairement pas destinées à s'appliquer à de tels biens et qui ne peuvent y parvenir qu'au terme d'une adaptation. Sur le second aspect, il s'agit d'observer les perspectives qu'ouvre l'immatériel comme moyen d'accéder au droit et de mettre en relation les acteurs de la scène juridique. Là aussi, certains aspects ne sont pas totalement nouveaux et si la prolifération des contrats conclus par voie électronique ne constitue que le développement récent du phénomène ancien des contrats à distance, la dématérialisation des procédures et des échanges entre professionnels du droit va être relayée par un accès direct du justiciable aux services judiciaires qui est de nature à changer de manière significative le mode de relation au juge et à l'institution judiciaire. (shrink)

‘A property’, according to the author of De Rerum Natura in 1.451–4, ‘is that which can never be sundered and separated without fatal dissolution, as weight is to stone, heat to fire, liquidity to water, touch to all bodies, intangibility to void’, seiungi seque gregari. As elsewhere Lucretius, that most committed practitioner of word-play, makes his verb mirror the very separation which it describes.

This article is the first in a series in which I propose to draw on the emergent and poly/trans disciplinary field of Food Studies in order to pursue questions of national identity, political struggle, cultural resistance and psychological survival in Palestine. There are several perspectives from which this connection between food and territoriality may be theorised. At first instance, for the purposes of this paper, I ask whether it is appropriate to draw on the cultural property paradigm in order (...) to spotlight the possibilities and significance of claiming their cuisine as the intangible cultural heritage of Palestinians. This essay is a rhetorical cry for the repatriation and rehabilitation of regional specialties. The need to acknowledge, safeguard and celebrate Palestinian culture, its distinctive genius and the abundance and refinement of its traditions is part of the struggle for meaningful political change. The Palestinian ethnographic research included in this paper was conducted in collaboration with Bait al Karama, a local NGO founded and run entirely by women, for local women. My methodology is rooted in the relationship between activism and academia. (shrink)

Biobanks represent an invaluable research tool and, as a result of their intrinsic and extrinsic nature, may be looked upon as archives or repositories largely made up of libraries, or collections of content where the content is the biological material derived from different individuals or species, representing valuable tangible assets. Biobanks analyses aspects of the commons and common intellectual property relating to the concepts of private property, not only concerning data but biological materials as well, and the advantages (...) and disadvantages of patents in scientific research. Several recent initiatives in biomedical research have attempted to make their data freely available to others, so as to foster innovation. Many of these initiatives have adopted the open source model, which has gained widespread recognition in the computer industry. This title is structured into eight chapters and begins with an introduction, which is followed by chapters that discuss how the term 'biobank' came about in scientific literature; legal matters relating to biobanks; and intellectual and physical property. Later chapters comprehensively analyse the intellectual property of biobanks within the sphere of copyright; biotechnological inventions and research patentability; open data sharing in biobanks; and biobanks as commons or vault. Considers biobanks as both repositories and as collections of tangible assets Argues that the data in biobanks represents a high value intangible asset Explores regulatory gaps exploited by the private sector. (shrink)

The paper evaluates Christopher Hookway's claim that individual epistemic vice can enhance the value of collective epistemic virtue. I suggest that this claim can be defended on the grounds of a dynamic account of collective intentional properties that is supplemented by an account of a spontaneous ordering mechanism such as the "intangible hand". Both these accounts try to explain how individual traits integrate into collective traits by way of aggregation. In this respect, they are different from normative and summative (...) accounts of plural subjects. I argue that it is the repeatable and self-amplifying nature of character traits that calls for a dynamic account of collective virtues. With regard to epistemic virtues and their role in the acquisition of knowledge I hold that their dynamic and self-amplifying character warrants their reliability, since it is this character that bottoms out in repeated acts of epistemally correct behavior that constitute a 'responsible practice'. The successful appliance of the latter amplifies the attitude it origins from. If epistemic virtues construed along these lines are attributed to collectives, a dynamic aggregate account supplemented by an account of an "intan-gible hand" device might explain how an aggregate of virtuous efforts of individuals can not only absorb a certain amount of vice but be even enhanced by the 'spice' of some non-intentional epistemically vicious side effects of epistemically virtuous en- deavor. (shrink)

Quantum field theory (QFT) combines quantum mechanics with Einstein's special theory of relativity and underlies elementary particle physics. This book presents a philosophical analysis of QFT. It is the first treatise in which the philosophies of space-time, quantum phenomena, and particle interactions are encompassed in a unified framework. Describing the physics in nontechnical terms, and schematically illustrating complex ideas, the book also serves as an introduction to fundamental physical theories. The philosophical interpretation both upholds the reality of the quantum world (...) and acknowledges the irreducible cognitive elements in its representation. The interpretation is based on an analysis of our ways of thinking as the are embedded in the logical structure of QFT. The author argues that philosophical categories are significant only if they play active and essential roles in our knowledge and hence constitute part of the theories in actual use. Thus she regards physical theories as primary, extracts their categorical structure, and uses it to rethink key philosophical questions. Among the questions this book tries to answer are: What are the quantum properties independent of measurements? How do we refer to individual things in a continuous field? How do theories relate to objects? What are the general conditions of the world and of our ways of thinking that make possible our knowledge of the microscopic realm, which is so intangible and counterintuitive? As a penetrating analysis of vital themes in contemporary science, the book will engage the interest of students and professionals in physics and philosophy alike. (shrink)

Medical humanities have a unique role to play in combating biopiracy. This argument is offered both as a response to contemporary concerns about the ‘value’ and ‘impact’ of the arts and humanities and as a contribution to ongoing legal, political, and ethical debates regarding the status and protection of medical heritage. Medical humanities can contribute to the documentation and safeguarding of a nation or people’s medical heritage, understood as a form of intangible cultural heritage. In so doing it can (...) fulfill a unique service in protecting indigenous cultural heritage which potentially makes it of enormous economic benefit to national governments. I use the Indian Traditional Knowledge Digital Library as a case study of the value of medical humanities in challenging biopiracy. If my argument holds, then the value of medical humanities to current intellectual property debates can be demonstrated, and its pertinence to legal and economic interests made clear. However, there are some dangers in this strategy, and my paper closes with a discussion of them. (shrink)

Les thèses dites de la “croissance endogène” mettent fort justement en avant le rôle clef d’un certain nombre de secteurs économiques dans le phénomène de croissance des revenus. Cependant, la modélisation qui s’y rattache conduit parallèlement à émettre un certain nombre de jugements normatifs erronés quant au rôle légitime de la puissance publique.En particulier, la structure même des modèles de croissance endogène interdit de rendre compte du caractère subjectif de la valeur et néglige les aspects profondément individuels de l’accumulation de (...) capital. Par conséquent, elle ne s’intéresse qu’aux aspects matériels de cette dernière.Loin de justifier l’intervention publique en vue d’augmenter statistiquement le PIB, les connaissances apportées par la théorie autrichienne conduisent à préférer la propriété naturelle et la liberté de contracter qui en découle comme véritable moyen de faire croître, à un rythme soutenu, les capitaux matériels et immatériels des individus.The so-called theories of “endogeneous growth” rightfully emphasize the key role of some particular economic sectors in the process of income growth. However, their modelling leads to erroneous normative judgements in the rightful role of the government authorities.The very structure of endogeneous growth models makes it impossible to account for the subjective character of value and disregards the deeply individual aspects of capital accumulation. Consequently, it only takes an interest in its material aspects.Far from justifying public intervention in order to statistically increase the GDP, the basic tenets of the Austrian theory rather lead to prefer natural property and the freedom to contract that goes with it, as real means to have the tangible and intangible individual assets grow at a steady rythm. (shrink)

continent. 1.1 (2011): 22-25. The Author gratefully acknowledges the financial support of CAPES (Coordenação de Aperfeiçoamento do Ensino Superior), Brazil. From the multifarious subdivisions of semiotics, be they naturalistic or culturalistic, the realm of semiotics of value is a ?eld that is getting more and more attention these days. Our entire political and economic systems are based upon structures of symbolic representation that many times seem not only to embody monetary value but also to determine it. The connection between monetary (...) and linguistic exchanges is self-evident: the former requires the latter and develops in direct relation to it. Creative experimentation and design of digital systems of value exchange are blossoming on the web. Dr. Gilson Schwartz, an economist turned media theorist and professor at the University of São Paulo, adopted the concept of Iconomics, originally created by Michael Kaplan, an author concerned with the linguistics of economic value. Empowering local communities and unlocking new levels of value creation and representation via digital technologies are the main goals of Dr. Schwartz’s projects, aiming at the re-designing of our relationship to the economic value of imagination and the social control of property. Schwartz is Assistant Professor at the School of Communication and Arts of the University of São Paulo, a former Chief Economist at BankBoston, Brazil and Advisor to the President of the National Social and Economic Development Bank (BNDES). FURTHER READING: Kaplan, Michael. “Iconomics: The Rhetoric of Speculation.” Public Culture . 15.3 (2003): 477-493. Renata Lemos-Morais: You have recently produced and directed a short documentary about Creative Currencies in Latin America. Could you tell us a bit about its process and its findings? Gilson Schwartz: The “Creative Currencies” project is a work-in-progress platform which unfolds as an action research agenda connected both to the production of audiovisual content and the development of social currency software. The initiative dates back to 2003 when I led an experimental project supported by the Presidency of Brazil. At that time, we issued paper currency in a small, touristic village in the Northeast Region which stimulated local cultural projects. But it was only in 2009 that the Central Bank of Brazil acknowledged “social currencies” as a legitimate economic agenda, calling for more debate at the I Financial Inclusion Forum. This year, the monetary authorities organized a second forum that also opened the room to discussions on mobile payment systems and new perspectives on poverty alleviation via State subsidies. The Ministry of Culture funded the “Creative Currencies” project in 2009-2010 and our next stage in this discovery process is to be supported by the National Social and Economic Development Bank (BNDES). In short, there is genuine interest among public officials in different areas and public funding for social currencies is on the rise in Brazil. However, after all these years we are still at a very early stage of research and practice. Some of the most successful initiatives (such as Banco Palmas) actually evolved out of local monetary creation to become correspondent banking operations for commercial banks and other financial groups. After eight years of price stability and social inclusion, Brazil stands out as a major opportunity for social experimentation, even the Grameen Bank is now entering the Brazilian market and many NGOs are geared towards different forms of entrepreneurialism in the base of the pyramid, riding solidarity economic models, microfinance and microcredit for local development. It is yet to be seen, however, whether these developments are just one more stage of “bankarization”, that is to say, an extension of regular banking services or actually a new form of social and symbolic self-determination at the local level. So far, the Central Bank of Brazil is open to new forms of credit and local finance as long as they are strictly territorial and very close to barter among the poor. In other words, whether the process of monetary creation could be made to fit an open source paradigm is yet to be seen. Community banking and social currencies might as well end up as just another channel for access to and use of banking services. The “Creative Currencies” project aims at promoting the discussion of more fundamental issues, such as the limits of central banking, the prospects for local financial development and the possibility of creating and managing financial icons as cultural assets. The purpose of this project is to produce short documentaries that will bear testimony to this evolving regulatory framework while inducing more discussion about the fundamental iconomic issues concealed in the process of money and wealth creation. RLM: What new potential is there in applying digital technologies to currency creation? GS: Globalization is a result of the virtualization of money, that is, the overcoming of illusions such as the “gold standard”. Money is an icon created by institutions, not on supposedly natural or material foundations but out of political and financial interests. The “dollar standard” is an outstanding evidence of this phenomenon and Kaplan´s paper, the first to use the expression “iconomics”, insists on the rhetoric and semiotic effects associated to a supposedly scientific model of money creation and management. This is a fundamental change that was perceived and discussed much before the digitalization of the world by unorthodox economists such as John Maynard Keynes since the early 20th century. The digitalization of global financial flows accelerated this immateriality and the creation of the Euro was yet another evidence of the political foundations of currencies. The banking establishment, however, is keen on the idea that scientific formulae hold the key to sound money creation. Keynesianism has been repeatedly associated to “inflationism” while the supposedly sound monetary policies of the Orthodoxy serve well the political and financial interests of a technocratic elite. Corporate media also serve this fictitious depiction of the monetary process despite the cyclical bust of monetary rules and financial regulations. The internet, however, has created numerous opportunities for the disintermediation in industries such as film, music and commodities. There is no reason to doubt that the financial industry can also be transformed by Peer-to-Peer (P2P) infrastructures. Money is media as well. Credit is but confidence. Once people realize that the distributed computing power of networks can also be the platform to weave new monetary and credit operations, there is room for grassroots emancipation out of the established owners of monetary institutions. So far, however, there has been a privatization of monetary management and there is not a clear path or model for the emergent (P2P) property democratization that is inherent to the internet. Digital assets, however, clearly have an inherent potential to escape central control and proprietary regulatory frameworks. RLM: How are social networks transforming the ways in which we exchange value? Do you believe that online influence and reputation might be translated into a new kind of currency? GS: The foundation for social currencies as envisaged by solidarity economics is the territory. Authorities are willing to concede local monetary creation as long as it is restricted to poor neighborhoods, as a proxy to barter. In this relevant but limited context, reputation, personal knowledge and informal ties form the matrix of local or “proximity” finance which are expected to keep credit and leverage to a sustainable level. Anything beyond that should and would lead to an integration of local finance into the established banking system. However, inasmuch as the internet promotes virtual territories and reputation is now subject to all sorts of digital manipulation and stardom becomes an everyday cultural process among teenagers and elders alike, the territorial “foundation” is substituted for more complex patterns of solidarity, cooperation and exchange that reach beyond the physical territory and even the “human.” Digital assets embody knowledge, technology, cultural and educational values that are exchanged at a global scale beyond the control of democratic States (Chinese-like intervention is the exception, not the rule). Hacktivism is unstoppable and so is monetary hacktivism. Especially in the Third World, mobile communications fast became conveyors of money transfers and other appropriation strategies. Banking and telecom sectors already battle for the control of these emerging markets and, as a matter of fact, have so far contributed to the containment of these processes. Governments serve these moguls and have usually adopted a wait-and-see attitude. If open source hardware and grassroots social movements combine to challenge these proprietary battles, then social networks may evolve into new forms of social capital and thus form the ground on which to design and implement social currencies. The global financial crisis, as well as the dollar demise, are an event of such a proportion that social networks may open the path for emancipator subjects to seize the opportunity. RLM: What are some of the social experiments that you think are revolutionizing the way in which value is exchanged? GS: There is a broad evolution of economic systems towards the valuation of intangible assets such as knowledge, reputation and sustainability. There are many examples of local as well as global events that call the traditional systems of exchange into question, from carbon credits to educational bonuses, digital barter frameworks and locally based solidarity and fair trade networks. These emerging examples, no matter how different in nature or scale, represent a challenge to the traditional value creation schemes and theories which are based on use and exchange value, supply and demand. This is not to say that utility and labour or scarcity are to be totally dismissed, but there is now an emerging perception that value is also a function of behavioral codes, symbolic patterns and the energy of institutional frameworks. The plasticity of digital platforms is relevant insofar as intellectual property becomes the central source of value creation. But when you discuss the property rights of public goods such as the environment or basic social rights (of minorities or localities), then a new paradigm seems to emerge. RLM: Are gaming and online storytelling digital practices that might have an impact on the way new currencies are created and developed? GS: “Play money” has been one of the early and most intriguing phenomena associated to the diffusion of virtual worlds. These virtual currencies have also been prone to “boom and bust” dynamics, speculation and pure theft (Second Life scams were common and led to “intervention” by the owners of the game). Storytelling is a major source of value, that is, the value of attention and the markets for audience. There are plenty of private monies created and managed by corporate entertainment groups, telecom operators (via mobile virtual network operators) and marketing frameworks. The casino economy, as already depicted by Keynes and other unorthodox economists, is always storytelling about future states of the world, confidence building and leverage of animal spirits. The novelty of current events is not the fictitious nature of any form of capital, but the potential for digital democratization of controls over the imaginary nature of value creation. But this is just a potential, a possibility, a figment that more often than not is appropriated by centralized and opaque private powers. The game industry is a testbed for new connections between storytelling and money creation. RLM: Monetary value was originally connected to the scarcity of precious metals, such as gold. Our entire monetary system seems therefore to function according to a logic of scarcity. Do you believe it is possible to reverse this logic into a logic of abundance? GS: The gold standard was a fiction itself, the “scarcity” is always produced by institutions that regulate confidence and access to credit. The key issue is not to fabricate abundance, but to question the institutions which produce scarcity out of any standard, gold or whatever. Central banks are at the service of private banks in the creation and management of scarcity. RLM: The promise that nanotechnology holds for our future is one of radical abundance (or so say transhumanists). The possibility of creating any kind of material substance through nanoengineering seems each day more feasible. What would this possibility entail in terms of systems of value exchange? GS: Nanotechnology, environmental concerns and grassroots appropriation of distributed knowledge are the frontiers of a new horizon of energy creation and management. Social groups in charge of managing scarcity for the sake of wealth and power concentration must be held accountable for the destruction of our future. Once this key political conundrum is accounted for, new systems of value exchange and even a non-mercantile society will come into existence. Revolutionary theorists such as Marx envisaged transformation via the extreme clash of contradictions between capital and labour. This approach has never led to a change in the systemic logic of scarcity for the sake of social control. We are once again facing the threshold of large scale societal change, but the outcome of the current crisis should come from our imagination, not from yet another paradox of abundance and scarcity. As long as we remain attached to the materiality of value, the illusion of freedom will but reinforce the massive manipulation of necessity. RLM: What do you think is the role of crowdfunding in this context? GS: Crowdsourcing as well as crowdfunding are examples of the peer to peer opportunities that come along with distributed computer power. However, the power structure behind wealth and scarcity creation may or may not be changed by crowd management. But it should not be taken at face value, so to speak. The stock market of course is an early form of crowdfunding without calling into question the proprietary framework of the companies offering their investment projects to the market. Any market is a form of crowdsourcing, that is to say, of distributed forms of supply and demand matchmaking. The wealth of networks, however, depends on the contractual ecosystem, the institutional framework, the channeling of social imagination, not on the purely quantitative distribution of bids and offers. I see economics as supply, demand and code. Once you have access to the code, once openness becomes part of the game, then there is a chance of crowd behavior becoming collective intelligence and sustainable imagination. RLM: Is the development of digital currencies headed towards a pluralistic ecology in which many micro currency systems co-exist, or is it penetrating the mainstream monetary system? If it is affecting the mainstream financial system, what would be its effect in the long-term? GS: The same issue is at stake both at local and global levels. The global system is, as a matter of fact, an unstable ecosystem of “micro currencies” whereas the dollar has so far exerted an overwhelming influence. Local currencies and private monies coexist with national currencies only to the extent that the Central Bank admits, for instance, that grassroots monetary emissions remain territorial and strictly connected to poverty. However, the question of how new developments in digital technologies and nanotechnologies might alter not only our current monetary systems but also our understanding of value in itself, is still an open question. (shrink)

Berkeley thinks that we only see the size, shape, location, and orientation of objects in virtue of the correlation between sight and touch. Shadows have all of these spatial properties and yet are intangible. In Seeing Dark Things (2008), Roy Sorensen argues that shadows provide a counterexample to Berkeley's theory of vision and, consequently, to his idealism. This paper shows that Berkeley can accept both that shadows are intangible and that they have spatial properties.

Background Citizen science is increasingly prevalent in the biomedical sciences, including the field of human genomics. Genomic citizen science initiatives present new opportunities to engage individuals in scientific discovery, but they also are provoking new questions regarding who owns the outputs of the research, including intangible ideas and discoveries and tangible writings, tools, technologies, and products. The legal and ethical claims of participants to research outputs become stronger—and also more likely to conflict with those of institution-based researchers and other (...) stakeholders—as participants become more involved, quantitatively and qualitatively, in the research process. It is not yet known, however, how genomic citizen science initiatives are managing the interests of their participants in accessing and controlling research outputs in practice. To help fill this gap, we conducted an in-depth review of relevant policies and practices of U.S.-based genomic citizen science initiatives. Methods We queried the peer-reviewed literature and grey literature to identify 22 genomic citizen science initiatives that satisfied six inclusion criteria. A data collection form was used to capture initiative features, policies, and practices relevant to participants’ access to and control over research outputs. Results This analysis revealed that the genomic citizen science landscape is diverse and includes many initiatives that do not have institutional affiliations. Two trends that are in apparent tension were identified: commercialization and operationalization of a philosophy of openness. While most initiatives supported participants’ access to research outputs, including datasets and published findings, none supported participants’ control over results via intellectual property, licensing, or commercialization rights. However, several initiatives disclaimed their own rights to profit from outputs. Conclusions There are opportunities for citizen science initiatives to incorporate more features that support participants’ access to and control over research outputs, consistent with their specific objectives, operations, and technical capabilities. (shrink)

Hume’s discussion of space in the Treatise addresses two main topics: divisibility and vacuum. It is widely recognized that his discussion of divisibility contains an answer to Bayle, whose Dictionary article “Zeno of Elea” presents arguments about divisibility as support for fideism. It is not so widely recognized that, elsewhere in the same article, Bayle presents arguments about vacuum as further support for fideism. This paper aims to show that Hume’s discussion of vacuum contains an answer to these vacuum-based fideistic (...) arguments. Key to this answer is a distinction between two ways in which vacuum was conceived in the early modern period: i) as a genuine thing that has spatial properties, and yet is immobile, indivisible, and penetrable ; ii) as a mere absence of spatial things. This paper also aims to provide a novel defense of Hume against the long-standing objection that he is inconsistent in denying that we can conceive of a vacuum, while allowing that we can conceive of “invisible and intangible distance.” As I interpret him, Hume consistently denies that we can conceive of a positive vacuum, while allowing that we can conceive of two or more objects’ being arranged so as to have privative vacuum between them. (shrink)

Color-vision defects constitute a spectrum of disorders with varying degrees and types of departure from normal human color vision. One form of color-vision defect is dichromacy; by mixing together only two lights, the dichromat can match any light, unlike normal trichromatic humans, who need to mix three. In a philosophical context, our titular question may be taken in two ways. First, it can be taken at face value as a question about visible properties of external objects, and second, it may (...) be interpreted as the more intangible question of “what it’s like” to be color-blind. (shrink)

Whenever we analyze the issue of spiritual activities, we can never lay aside of the macro-background of “spirit service to life”. Spirit is” software” of life. It is essentially to carry out determination of self life and a nervous system which make the information processing and feedback between self life and outside world. It has reasonable structure system and systematical work mechanism. The basic structure system of the spirit of human beings is like this: self is the core and leading (...) of spirit running, which has properties in three aspects which are will, needs and motility. These properties formed a unity. Will mainly shows theessential property of self, which is in the domination and core position. Needs mainly shows the main part of life requesting and demanding for objective outside, which is in the conditional and secondary position. If we put the Needs in the key position, it will blaspheme the meaning of life and lose the value of life. Motility is a centralized reflection of life activity, which could be a means for the implementation of self Will and acquisition of self needs. In the tangible world, it is displayed as colorful life activity. In the intangible spiritual world, it is displayed as the information processing ability and information feedback ability of self life. Motility has four different levels: emotion, subconsciousness, consciousness, cognition. Correspondingly, the development of spirit could also be divided as four levels. In each level, self, activity, requested development degree, property characteristics and main content have certain of differences. In structure system of spirit, there is a correlation among each part and each element, which will interact with own characteristics to form an organic whole. In fact, it is an essential sublimation of tangible body and an intangible life existed with information form. The following figure shows the relationship of each element:[*Electronic Editor's Note: Figure in PDF of article*]This structure system of spirit, which isn’t a simple frame but an abstract mechanism of spirit running, is life active system of informatization. This system and mechanism make the changeable spiritual activity clear and orderly, and make the abundant and various life activities systematic and vivid. This system’s self isdeveloping, whose development still comply with the law of life development, symbolizing the development and extension of vitality. This development could be considered as continuance of life progress. In the low-grade life, it is mainly displayed as biological stress stage of promoting the favorable and avoiding the unfavorable as well as blind and instinctive affective response stage; in the highgrade animals, it is gradually displayed certain of psychological activity ability and study cognition ability. In human beings, it is gradually displayed awake of consciousness and mature of reason, making human beings to control themselves and change all things to become the soul of the world. Through this structure system and running mechanism, we could get a systematical explanation for theessence of emotion, mystery of psychological activity, process of consciousness awake, occurrence mechanism of dream. Meantime, we put forth that human beings must experience the second awakerational awake to become the true society human when human beings become the humans with souls after consciousness awake. (shrink)

La cultura del agua debe ser vinculada de forma especial a las manifestaciones del patrimonio cultural intangible de los pueblos, como las tradiciones orales o escritas, la simbología o los rituales, que conforman lo que llamamos los Imaginarios del Agua. Estos deben ser analizados y deconstruidos a la luz de los nuevos paradigmas, como la hermenéutica y la ecocrítica. De este modo, la mitografía ayuda a perfilar el significado profundo de la cultura del agua ante las nuevas demandas medioambientales, (...) educativas y culturales del siglo XXI, en un contexto donde el agua ya no es solo un recurso estratégico, sino un bien cultural ligado al desarrollo local y a las políticas de sostenibilidad. Por ello, al conocer las tradiciones ancestrales y los imaginarios en torno al agua, y al sensibilizar a los alumnos con los valores plurales de estas manifestaciones culturales --que siempre van encaminados al respeto y al conocimiento del patrimonio natural y cultural--, contribuimos de forma decisiva a la gobernanza del agua y a la gestión sostenible y responsable de los recursos hídricos, pues sin duda el principal problema de la sostenibilidad será la educación de los ciudadanos. Water culture must be linked in a special way to expressions of intangible cultural heritage of peoples, such as oral or written traditions, symbols or rituals that make up what we call the imaginary water. They must be analyzed and deconstructed in the light of the new paradigms, such as hermeneutics and the ecocriticism. Thus, mythography helps shape the profound meaning of the culture of the water at the new environmental, educational and cultural demands of the 21st century, in a context where the water is not only a strategic resource but a cultural property linked to local development and sustainability policies. Therefore, to know the ancestral traditions and imaginaries in connection to water, and to educate students with the plural values of these cultural manifestations, --which always aimed to respect and knowledge of the natural and cultural heritage-- we contribute decisively to the governance of the water and the sustainable and responsible management of water resources then no doubt the main problem of sustainability will be the education of citizens. (shrink)

In the event of confrontation between the countries in today’s world information shows signs of the main component of success in every sphere. In the modern world, full of contradictions, a lot of conflicts related to information and communication activities have emerged. All these factors define the relevance of this research. The aim of the study is to identify the problems of information security which is one of the key factors in the system of ensuring the vital interests of every (...) country and they create the urgent need for legislative framework for the information and communication environment of the global society. The objectives of the study are to determine global problems of countries saturated with weapons, separated by military blocs and this results in a constantly growing information threats and information and communication conflicts. It is difficult to avoid this and therefore both individuals and society and the state are constantly at risk of increasing information insecurity. The research methodology is synergistic, systemic and structural and functional methods that allow to analyze the security problems of information and communication activity, in particular when using the concept of "fractal". The determinant of information influence on personality, society and state is defined. The author determines the main threat to sustainable information and communication activities: the problem of unauthorized disclosure of national information sources, the mechanisms of their violation and integrity. The result of the study is the protection of knowledge, information and all other intangible assets of the state which requires the implementation of the standards of conventional accounting technology and property protection. An important aspect is the improvement of the rules of law in social and political relations that arise in the process of collection, processing, accumulation, storage, retrieval, transmission, distribution and consumption of information, especially by means of computer equipment. The result of the analysis is the development of scientific and methodological approaches to the formation of security activities in the information and communication sphere, as well as the ways of icreasing the effectiveness of counteracting national security threats, the development of the concept of Ukrainian national security activities and the reform of the security sector. The conclusion: the solution of security problems of information and communication activities should be found with the support of the state, a basic concept of national protection of information rights and citizen’s civic awareness-raising. (shrink)

‘The Debauched Commons: A Dark Parable’ summarizes issues regarding intellectual property rights and immaterial culture through a nuanced reading of how First Nations Peoples worldwide have been forced by forms of neoliberal-capitalist exploitation of the knowledge commons to ring-fence and/or commodify their lived traditions, in many cases dating back 100,000 years and clearly predating any and all Western (First World) concepts of ownership. The intention of the structuralist-inspired reading of this enforced defensive position is to emphasize and clarify issues (...) concerning prior art and moral rights, two of the most ambiguous and gamed elements of copyright and patent law. Drawing upon the international context of the _Declaration on the Rights of Indigenous Peoples_ (2007) and the _Convention for Safeguarding Intangible Heritage_ (2003), this essay will focus, in part, on the travails of Aboriginals in Australia as representative of First Peoples worldwide and their long-exploited and long-expropriated traditions, inclusive of land, but foremost _lived knowledge_, but also their often compromised position _vis-à-vis_ various Australian state and Commonwealth legislation concerning recognition of their copyright, moral rights, and intellectual property rights. In this complex dance between tradition, heritage, and law, the so-called public domain often also becomes a de facto warehouse for the eventual conversion of intangible rights to collectively held and stored cultural property, which is then leveraged and/or converted to cultural capital by both public institutions and private companies. The primary premise of the analytic to be applied is that commodification of knowledge is more or less co-equal to the digitization of culture and the regimes of expropriation and/or outright theft associated with platform cultures. Platform culture, in turn, implicates otherwise benign, or apparently benign institutions (for example, academia and the art world) claiming to advance understanding and resolution of the twin nemeses of post-contemporary cultural politics—diversity and justice. The subtle machinations of what has come to be called the art-academic industrial complex will thus be analyzed for implicit and explicit practices that are reducible to the appropriation of native rites and rights, and laws and lores, for self-serving reasons inclusive of radical-chic posturing and politically correct tokenism. (shrink)

Just as nothingness is a fundamental concept in Daoist philosophy, it is also a fundamental concept in Chinese aesthetics, where it has multiple meanings: First, nothingness, as a reaction against unaesthetic psychical activity, is a primary precondition of aesthetic and artistic activity. Second, as the void or intangible stuff juxtaposed to substance, it is an indispensable compositional property of artworks as well as an essential condition for the manifestation of an artistic form. Finally, as a reaction against the (...) unaesthetic world of daily life—the experiential world—nothingness is the fundamental basis and essential provision for establishing an artistic world. (shrink)

Acceptance of Augustin Fresnel's wave theory of light posed numerous questions for early nineteenth-century physicists. Among the most pressing was the problem of the properties of the luminiferous ether. Fresnel had shown that light waves were transverse. Therefore, since, among ordinary materials, only solids support transverse vibrations, there existed striking likenesses between highly tangible solids and the highly intangible ether. Accordingly, such men as Augustin-Louis Cauchy, James MacCullagh, Franz Neumann, and George Green constructed various theories of an elastic-solid ether.1 (...) At the same time, however, the disconcerting implausibilities of an all-pervasive solid provoked considerable apprehension in regard to the elastic-solid tradition. Thomas Young found the concept ‘perfectly appalling’ and argued that ‘the hypothesis [that fluids can support transverse vibrations] remains completely open for discussion, notwithstanding the apparent difficulties attending it.’2 John Herschel, probably the most important English advocate of the wave theory, regarded the concept of a solid ether as only a temporary device, useful ‘till the real truth shall be discovered.’3 Consequently, despite the accomplishments which helped to make the elastic-solid theory ‘the most celebrated special form of the wave theory’,4 there were important voices of reservation. (shrink)

In the last few years holography has celebrated some important anniversaries: in 2010 the 50th anniversary of the light amplification by stimulated emission of radiation (LASER) invention; in 2011 the 40th anniversary of the Nobel Prize awarded to the Hungarian scientist Dennis Gabor for inventing holography and in 2012 the 50th anniversary of the first holograms. Holography can create an accurate visual simulation, with total parallax: a replica of the real object made of light, which has the real object’s visual (...) properties but is immaterial, intangible. The holographic images are volumetric and exist in a real and measurable space, and are not based on the Renaissance perspective, which can represent the three-dimensional physical space in a bi-dimensional one. In the near future, holography-based techniques will open up new possibilities in the visualization domain, allowing new visual worlds. In the meantime, holography can be a useful technical and theoretical tool for reflecting on how our everyday mediascape works. The media can produce, reproduce and transmit bi-dimensional images on flat supports. The media system has a high degree of coherence and the images share similar morphostructural rules, and thus can be transferred from one medium to another without any fundamental information loss: bi-dimensionality and image-support coincidently appear to be the basis of this high level of translatability. Conversely, holograms cannot be displayed through the usual media without losing their peculiarity: they require new displays, new visual media and new genres of communication, even if they hybridize with the existing media. Holography stands apart from the media realm, which in part explains the difficulties of this technique in emerging and integrating into the mediascape. Holography suggests a new visual universe within a culture where visual simulation is the most effective communication system, and it lets us reflect on the need for a more comprehensive definition of ‘image’. It is easy to imagine that future images will also be holographic and that we will communicate more and more through them, in a delicate balance between presence and absence, immediacy and remoteness, materiality and immateriality, matter and energy. Holography can work as a model in science, for example in the study of brain activity in the Holonomic Brain Theory, originated by Austrian psychologist Karl Pribram and initially developed in collaboration with physicist David Bohm to explain human cognition. Holography can also be a model in physics, for example in the idea of the physicist David Bohm of an ‘implicate order’ in the universe, where global structure can be found in each small part – the universe would be a gigantic and wonderfully detailed hologram. More recently, theoretical results on black holes suggest that the idea of a holographic universe is a viable hypothesis. And in the field of quantum gravity and string theories the ‘holographic principle’ suggests that the entire universe can be considered as a two-dimensional information structure, and that the three-dimensional world we observe is but a description at a macroscopic scale and at low energies. (shrink)

Over the last decade, managers have increasingly emphasised the creation of tangible measures of intangible organisational properties. Many major corporations now include measures for intellectual capital, knowledge capital, reputational capital, and other such intangible assets on their financial ledgers. Counter to the rubric that ‘If it doesn’t get measured, it doesn’t get done,’ we argue that some intangibles are truly intangible, and attempts to apply tangible measures to them creates undue organisational stress and harms the underlying asset. (...) Instead, managers may better foster the growth of intangible assets by placing less emphasis on outcome measurement and more emphasis on the process. Using New York University’s Office of Community Service as a case study, we illustrate how a Zen approach can augment tangible measures to create a truly ‘balanced’ organisational strategy. American firms have widely adopted the strict measurement practices of Japanese firms, but few have adopted the Eastern practice of Zen. A Zen approach fosters trust and provides flexibility that allows organisations to better achieve success in the long run. (shrink)

Over the last decade, managers have increasingly emphasised the creation of tangible measures of intangible organisational properties. Many major corporations now include measures for intellectual capital, knowledge capital, reputational capital, and other such intangible assets on their financial ledgers. Counter to the rubric that ‘If it doesn’t get measured, it doesn’t get done,’ we argue that some intangibles are truly intangible, and attempts to apply tangible measures to them creates undue organisational stress and harms the underlying asset. (...) Instead, managers may better foster the growth of intangible assets by placing less emphasis on outcome measurement and more emphasis on the process. Using New York University’s Office of Community Service as a case study, we illustrate how a Zen approach can augment tangible measures to create a truly ‘balanced’ organisational strategy. American firms have widely adopted the strict measurement practices of Japanese firms, but few have adopted the Eastern practice of Zen. A Zen approach fosters trust and provides flexibility that allows organisations to better achieve success in the long run. (shrink)

Considering that culture is the product of creative and human processes, it is believed that intellectual property is a legal tool that allows for its protection given that it helps conserve, safeguard and preserve its tangible and/or intangible assets. In the case of digital heritage, which is made up of digital elements that should be preserved due to their cultural value, some challenges have arisen regarding their legal protection. One of these challenges is the lack of clarity about (...) how the elements that comprise it should be protected, giving rise to doubts about how intellectual property should help solve this conflict. This article presents the discussion regarding the protection of digital heritage in Colombia, how copyright is becoming an instrument that contributes to its legal protection, and the challenges to further develop it in the country. (shrink)

The purpose of this study was to empirically investigate the interrelationships between push and pull factors associated with the consumption of women’s professional basketball games. Multiple factors pertaining to sport consumers’ internal needs, identified as “push” factors, contain various intangible socio-psychological motivations representing an individual’s intrinsic desires that drive consumers toward certain goal-driven behaviors. On the other hand, “pull” factors, related to the supply side, refer to the different aspects of sport products the management of sport teams provides. It (...) is imperative to obtain a better understanding of the push–pull interaction so that sport marketers can design their products to satisfy spectators’ expectations with different needs. Spectators attending WNBA games responded to an on-site survey. CFA was conducted to ensure the psychometric properties of the scales, which showed that the overall model fit the data well. A canonical correlation analysis was performed, and two significant functions were revealed by the dimension reduction analysis. The first function [F = 4.49, p < 0.001]: I-Want-Everything-Consumer suggests that the market segment comprises individuals with multiple needs and expectations, both of which need to be met simultaneously. Thus, sports marketers can satisfy WNBA consumers’ needs by enhancing the quality of tangible pull factors. The second function [F = 2.38, p < 0.001]: Achievement-Seekers revealed that the consumers motivated by vicarious achievement expect game promotion rather than the quality of the opposing team, indicating that sport marketers should provide tailored promotional strategies to satisfy this segment of consumers. Specifically, the findings of this study can be used to segment consumers based upon fan motives and position products accordingly by managing the controllable aspects of sport products. This study provides empirical evidence of the relationship between WNBA consumers’ multiple needs and attributes associated with the WNBA core product. (shrink)

Patrimônio de Fé e Religiosidade: os Bens Culturais inseridos na Festa do Senhor dos Passos em São Cristóvão, Sergipe, Brasil. (Heritage of Faith and Religiosity: Cultural Objects inserted on the Festival of Senhor dos Passos in São Cristóvão) - DOI: 10.5752/P.2175-5841.2013v11n31p1018 O conceito de Bens Culturais de uma localidade vem passando por novos paradigmas quanto à abrangência e relevância. Nesse âmbito, além do Patrimônio Material de ruas, praças, igrejas, objetos artísticos e históricos, o discurso e ações dos órgãos oficiais e (...) da comunidade, devem também se pautar pela valorização das produções imateriais da cultura. Esses elementos envolvem os sujeitos e os sons produzidos por eles, seus ofícios, memórias, festas e religiosidade. Nesse sentido, o presente artigo visa analisar os Bens Culturais que compõem o cenário da celebração do Senhor dos Passos e descrever os seus valores histórico, religioso e artístico. A metodologia utilizada foi: pesquisa bibliográfica, documental e de campo. Após as três etapas da pesquisa e observação no local, constatado que a Festa do Senhor dos Passos em São Cristóvão possui elementos patrimoniais conectados que a transforma em um evento vinculado à identidade cultural-religiosa da região. Alguns desses elementos já são tombados nos níveis estadual, nacional e mundial, enquanto que outros, embora não reconhecidos pelos órgãos oficiais de salvaguarda do Patrimônio, são valorizados pela comunidade no que concerne a afetividade, memória, dádiva e pertencimento: Patrimônios de Fé, Religiosidade e Culto em Sergipe. Palavras-chave : Patrimônio Cultural. Festa. Religiosidade. Senhor dos Passos. São Cristóvão (Sergipe).The concept of cultural property that belongs to one locality has been going through new paradigms regarding the scope and relevance. In this context, in addition to material assets (streets, squares, churches and historical-artistic objects) the speech and actions of official bodies and the community, should also be guided by the appreciation of intangible productions. Such elements involve the subjects and the sounds produced by them, their crafts, memories, parties and religiosity. In this way, this article aims at analyzing the aspects that make up the scene of the festivities of Senhor dos Passos as a Cultural object and describes its historical, religious and artistic values. The methodology used was the bibliographic, documental and field research. After the three stages of research and on-site observation, it was found that the Festival of Senhor dos Passos in São Cristóvão owns connected heritage elements which turn it into an event linked to the religious-cultural identity of the region. Some of these elements are already safeguarded statewide and at national and global levels, while others, though not recognized by the official bodies of safeguarding of heritage are valued by the local community by affection, memory, donation and belongingness: Heritage of Faith, Religiosity and cult in Sergipe. Keywords : Cultural Heritage. Festivity. Religiosity. Senhor dos Passos. São Cristóvão (Sergipe). (shrink)