Science and Technology
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South Asia's growth pattern, and India's growth in particular, has attracted global attention because of its success in service exports. The South Asian experience suggests that a service revolution—rapid growth and poverty reduction led by services—is now possible.

What is a service revolution? What has contributed to the globalization of services—technology, trade, and transport—the 3Ts? Do services have spatial characteristics that differ from goods? Are services as dynamic as manufacturing? Can services be a driver of sustained growth, job creation, and poverty reduction? Why have some countries succeeded and others failed in taking advantage of the globalization of services? What kind of policies and institutions do developing countries need to benefit from services-led growth? This volume answers these questions, with a fresh perspective on growth in India and other South Asian countries.

Walter H. Shorenstein Asia-Pacific Research Center senior research scholar Rafiq Dossani contributed the chapter "Software Production: Globalization and its Implications."

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Books
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Oxford University Press, in The Service Revolution in South Asia
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Rafiq Dossani
Number
9780198065111
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Despite advances in neurotechnology, pain remains a subjective experience that cannot be identified solely through objective means. The technological turn has led to and been synergized by market effects within medicine. In this paper we pose that this has led to

  1. sidestepping of the discriminative intellectual integrity of science to inform and sustain the good of medicine,
  2. diversion and/or subversion of physicians' capacity to make wellinformed clinical decisions,
  3. the excessive use (if not misuse) of certain technologies and technologically-based techniques,
  4. a compromised 'discretionary space' in which physicians may use technology to uphold patients' best interest(s) and
  5. a decremented medical fiduciary.

In response, we propose four principal goals that could enable a more integrative use of technology. These are

  1. promotion of 'customary' and 'out of the box' basic and clinical science as needed for new technologies in more personalized therapeutic settings and regimes,
  2. eliminating unnecessary, inapt or inconsequential use(s) of technology,
  3. development and provision of healthcare coverage that enables use of high technology as necessary and appropriate, and
  4. incorporation of this insurance system within a broad Samaritan ethic of care.
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Journal of Ethics in Biology, Engineering and Medicine
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This is a study of higher education and quality in one of the world's largest
developing economies: India. India is already an important global economic player, and, unusual for developing countries, its success is due in part to exports of information technology services. By mid-century, India could be an economic powerhouse, but one factor influencing whether it reaches this level will be how successfully it creates quality higher education to put its labor force at the cutting edge of the information society. It is difficult to imagine large economies reaching higher stages of development in the 21st century without high levels of innovative, well-trained, politically savvy professionals.

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Working Papers
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Stanford University
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Rafiq Dossani
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This paper provides an understanding of the current copyright laws regarding software licensing in the United States and Europe. The concept of copyright under both the U.S. and EU legal regimes is to convey on the copyright owners the exclusive right to distribute their copyrighted software. In case of sales transactions, that right is expressly limited to statutory copyright law.

Sections 109 and 117 of the U.S. Copyright Act are the respective core provisions to apply to software transactions. It is not an infringement for the owner of a copy of a work obtained at an authorized sale to sell or otherwise dispose of the possession of that copy. In addition, the owner of a copy of a computer program may, inter alia, create another copy of that program provided that the copy is made either as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or for archival or back-up purposes. Under U.S. case law the crucial question is whether a licensee of software can be deemed as an "owner" of a copy of the software and as such trigger the first sale immunities. The paper shows the different approaches taken by different courts on the so-called "sale versus license debate".

Article 4(c) of the Council Directive on the Legal Protection of Computer Programs ("EC Software Directive") contains the European version of the first sale doctrine, the Community exhaustion doctrine. The first sale of a copy of a computer program by the copyright owners or with their consent shall exhaust the distribution right of that copy within the European Communities (EC) or European Economic Area (EEA). Contrary to the sale versus license debate in U.S. case law, European courts—with no greater argument—deemed software licensees subject to exhaustion. The courts have been more concerned to apply the doctrine of exhaustion in a way as to further the implementation of the fundamental freedom of free movement of goods and services in the EC.

On the basis of a transatlantic copyright analysis the paper will discuss, in a second step, the existence of a digital first sale doctrine (as called in the United States) or digital Community exhaustion doctrine (as known under EC law). The paper debates whether the first sale/exhaustion privilege is to apply also in the event of online-transmissions of software, i.e., when no tangible data carrier embodying the target software changes hands. In today’s world, copies of copyrighted works, including software, are bought with increasing frequency by electronically downloading them through networks, mostly the Internet, with no tangible copy of the target software provided. However, digital transmissions of copyrighted works over the Internet fit neither comfortably within the narrow concepts of first sale nor exhaustion. In discussing whether online distribution of software shall render sections 109 and 117 of the U.S. Copyright Act or Article 4(c) of the EC Software Directive applicable, the paper concludes that in the absence of persuasive case law in either jurisdiction on this matter, U.S. governmental authorities tend to protect software copyright owners, whereas the existence of a digital Community exhaustion doctrine may be based on the ground of free movement of information.

This research was published as TTLF Working Paper No. 6 at
http://www.law.stanford.edu/program/centers/ttlf/#ttlf_working_papers.

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Transatlantic Technology Law Forum
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Petra Heindl
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Reaching everything from medicine to the food industry, biotechnology’s impact on society has become a major economic factor and is ever-increasing. In addition to its impressive potential benefits, biotechnology carries serious risks, especially regarding security and ethics. The European Patent Convention includes statutory restrictions regarding morality and public policy, while today’s U.S. laws in contrast, try to avoid morality restrictions in patenting biotechnology and U.S. agencies generally grant patents without regard to moral concerns. Not long ago, the U.S. Patent Act included a morality doctrine which had a restrictive effect on biotechnology.

The new U.S. approach applies to micro-organisms, plants, and animals where moral concerns were not considered at all before the United States Patent and Trademark Office. It is not clear, if the moral questions re-emerged referring to the Newman/Rifkin patent application, claiming an animal-human chimera, since the application was finally rejected on the grounds that human beings do not constitute statutory subject matter under 35 U.S.C. § 101. This line of argumentation was a break from the developed case law concerning living matter. The attempt to keep ethical concerns out of the U.S. patent laws stands on very shaky grounds.

Another problem arises from the fact that both patent systems, in Europe and the U.S., are relying on the term “human” as a borderline for patentability but none of them define the term “human” which leads to ambiguities. An interesting approach came up, defining a human being not by its biological criteria but rather by its intellectual capabilities. However, this approach is still in its infancy.

The project is co-sponsored by the Stanford-Vienna Transatlantic Technology Law Forum (TTLF, a joint initiative of Stanford Law School and the University of Vienna School of Law) and by Stanford University’s Forum on Contemporary Europe at the Freeman Spogli Institute for International Studies.

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Abstracts
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Transatlantic Technology Law Forum
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Christine Reiter
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Daniel and Nancy Okimoto Conference Room

U.S.-Asia Technology Management Center
School of Engineering
Stanford, CA

(650) 724-0096 (650) 725-9974
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Consulting Professor
richard-lg0001-200x300.jpg PhD

At Stanford University, Dr. Dasher has directed the US-Asia Technology Management Center since 1994, and he has been Executive Director of the Center for Integrated Systems since 1998. He holds Consulting Professor appointments at Stanford in the Departments of Electrical Engineering (technology management), Asian Languages and Cultures (Japanese business), and at the Asia-Pacific Research Center for his work with the Stanford Program on Regions of Innovation and Entrepreneurship. He is also faculty adviser to student-run organizations such as the Asia-Pacific Student Entrepreneurship Society and the Forum for American/Chinese Exchange at Stanford.

From 2004, Dr. Dasher became the first non-Japanese person ever asked to join the governance of a Japanese national university, serving a term as a Board Director (理事) of Tohoku University . He continued as a member of the Management Council (経営協議会) until March 2010, and he now serves as Senior Advisor to the President (総長顧問) of Tohoku University. Dr. Dasher has been a member of the high-profile Program Committee of the World Premier International Research Center Initiative (WPI) of the Japanese Ministry of Education (MEXT) since 2007. He has served on the Multidisciplinary Assessment Committee of the C$500 million Canada Foundation for Innovation Leading Edge Fund in 2007 and again in 2010, and as a member of the Phase I and Phase II Review Panels of the C$200 million Canada Excellence Research Chairs Program in 2008 and again in 2010. He was a distinguished reviewer of the Hong Kong S.A.R. study on innovation in 2008–09, and since 2007 he has been a member of the Foresight Panel of the German Ministry of Education and Research. From 2001–03, Dr. Dasher was on the International Planning Committee advising the Japanese Minister of State for Science and Technology Policy in regard to the formation of the Okinawa Institute of Science and Technology.

As allowed by Stanford policy, Dr. Dasher maintains an active management consulting practice, through which he is an advisor to start-up companies and large firms in the U.S., Japan, and China. He has been a board director of Tokyo-based ZyCube Inc. since 2006, and he is founder and chairman of Pearl Executive Shuttle in Valdosta, Georgia, U.S.A. In the non-profit sector, he is a Board Director of the Japan Society of Northern California and the Keizai Society U.S. – Japan Business Forum, and he is an advisor to organizations such as the Chinese Information and Networking Association, the Silicon Valley – China Wireless Technology Association, and the International Foundation for Entrepreneurship in Science and Technology (iFEST). In 2010 he served as a consultant to The Indus Entrepreneurs (TiE) in regard to their establishment of a worldwide remote mentoring program for entrepreneurs. Dr. Dasher frequently gives speeches and seminars throughout Japan and Asia, as well as in the U.S. Recent appearances include the Nikkei Shimbun Business Innovation Forum, the Foreign Correspondents Club of Japan, speaking tours of Japan co-sponsored by METI and the U.S. Embassy in Tokyo, and guest lectures at Chubu University, Kochi University of Technology, Ritsumeikan Asia Pacific University, and the University of Tokyo.

From 1990–93, Dr. Dasher was a board director of two privately-held Japanese companies in Tokyo, at which he developed new business in international licensing of media rights packages and other intellectual properties. From 1986–90, he was Director of the U.S. State Department’s Foreign Service Institute advanced field schools in Japan and Korea, which provide full-time language and area training to U.S. and select Commonwealth country diplomats assigned to those countries. He received M.A. and Ph.D. degrees in Linguistics from Stanford University and, along with Prof. Elizabeth Closs Traugott, he is co-author of the often-cited book Regularity in Semantic Change (Cambridge University Press, 2002). He received the Bachelor of Music degree in clarinet and orchestra conducting from the San Francisco Conservatory of Music, where he served on the faculty from 1978-85.

Richard Dasher Speaker
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Milan Svolik is an Assistant Professor in the Department of Political Science at the University of Illinois at Urbana-Champaign. He received his Ph.D. in the Department of Political Science at the University of Chicago in 2006.

His current research is in two main areas: i) the politics of authoritarian regimes and ii) the politics of democratic transitions and consolidation. His broader research interests are in comparative and international politics, particularly the political economy of institutions, formal political theory, and statistical methodology.

His research on the politics of authoritarian regimes consists of a series of papers that investigate power-sharing, institutions, leader survival, and accountability in authoritarian regimes. He has also collected original data on leadership change in authoritarian regimes and data on coups d'état across regime types. He is currently incorporating this research into a book manuscript, provisionally entitled The Politics of Authoritarian Rule.

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Milan Svolik Assistant Professor, Political Science Speaker University of Illinois at Urbana-Champaign
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Susan Hyde is an Assistant Professor of Political Science and International Affairs at Yale University, where she is affiliated with the MacMillian Center and the Institute for Social and Policy Studies. She earned her Ph.D. from the University of California, San Diego in 2006, and has held fellowships at the Brookings Institution in Washington, D.C. and Princeton University's Niehaus Center for Globalization and Governance. Her research interests include international influences on domestic politics, elections in developing countries, international norm creation, election manipulation, and the use of natural and field experimental research methods. Her current research explores the effects of international democracy promotion efforts, and her research has been published in World Politics, Comparative Political Studies, Perspectives on Politics, the Journal of Politics. She has recently completed a book entitled The Pseudo-Democrat's Dilemma: Why Election Monitoring Became an International Norm.  She has served as an international observer with several organizations for elections in Albania, Indonesia, Nicaragua, Pakistan and Venezuela, and has worked for the Democracy Program at The Carter Center. She teaches courses on international organizations, democracy promotion, the global spread of elections, and the role of non-state actors in world politics.

 

CO-SPONSORED BY COMPARATIVE POLITICS

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Susan Hyde Assistant Professor Political Science and International Affairs Speaker Yale University
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Elias Muhanna is a PhD candidate in Near Eastern Languages & Civilizations at Harvard University and the author of QifaNabki.com, a blog devoted to Lebanese political affairs. He has written extensively on contemporary cultural and political affairs in the Middle East for several general-interest publications, including The Nation, Foreign Policy, The Guardian, The National, Mideast Monitor, World Politics Review, Bidoun, and Transition, and is regularly quoted in media outlets such as The New York Times, The Washington Post, The Financial Times, The Los Angeles Times, National Public Radio, The Christian Science Monitor, Slate, and Al-Jazeera International.

Encina Ground Floor Conference Room

Elias Muhanna Author of Lebanese political blog qifanabki.com Speaker
Seminars
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From 2007 to 2010, a financial and economic crisis gripped the United States, Europe and the world. 7 million Americans lost their jobs, 10 million were pushed below the poverty line, thousands of families lost their homes, and many lost their savings. Somewhat lower numbers were reported from Europe, although the structural mechanisms behind the crisis were seemingly similar, eventually affecting not only the West, but the whole world. It is foreseen that the effects of the crisis will last for years, and it is still uncertain if a full recovery will be possible.

Given that a variety of highly speculative practices put into place by the banking and finance sector during the "neoliberal“ decades between the early 1990s and 2007 allegedly played a role in triggering the crisis, the request for more down-to-earth and sustainable ways of dealing with money and finance has surfaced to international attention. Particularly in Europe, social banks were among the most successful financial institutions during the crisis years, with annual growth rates of up to 30%, factually doubling their assets between 2007-10. This unprecedented success was supposedly due to the fact that many European savers shifted their assets from mainstream banks to social banks, driven by the hope that the latter would handle their money in less abstract and egoistic, and more realistic and community oriented ways. In recent years, social banks have forged influential global networks such as the Global Alliance of Banking on Values and the International Association of Investors in the Social Economy, which pursue the ambitious strategy of reaching out to 1 billion people by 2020.

Given that, not least as a result of the crisis, increasing numbers of people are improving their financial literacy and are taking a growingly critical stance towards the mainstream international banking and finance sector as we knew it before the crisis, the seminar poses the questions of whether (and how) social banking and social finance may concretely contribute to improving the current financial system, and how they might help to restore confidence in capitalism by providing “best practice” examples in selected fields.

The seminar will try to provide some answers to these questions by examining the pros and cons of contemporary social finance and by outlining perspectives of structural complimentarity and cooperation between speculative and sustainable finance.

 

Audio Synopsis:

In his seminar, Professor Roland Benedikter argues that too little has been done to reform the banking and financial sectors in the wake of the recent crisis, then presents social banking and social finance as an alternative system. First, he argues that the widespread bank bailouts of the past few years have "saved the wrong system" and points out that many of the largest US banks, for example, have actually grown since the crisis despite calls by the Obama administration for these banks to downsize or break in to smaller pieces. He acknowledges that new measures initiated by both the Obama administration (establishing a consumer protection bureau; imposing limits on fees by financial intermediaries) and by European countries (banning high-risk transactions in Germany; reducing public liability for private bank bailouts) are steps in the right direction. He adds his own suggestions, including increased regulation, better international agreements on regulating capital flows, a fee on high-risk speculative transactions, and a preventative tax on banks to protect against future crises. Many of these reforms, however, have faced enormous opposition from the major players in the banking and finance sectors in Britain, the United States, and China.  Progress seems to have stalled, with popular figures like Niall Ferguson, who once led calls for dramatic reform, now insisting that the system is too resistant to change, and that simpler goals such as a new hippocratic oath for the financial sector will suffice.

Benedikter then presents social banking and social finance as an answer to the seemingly intractable problems of the traditional system.  He first describes the industry in terms of what it is not. Traditional banks, he argues, made three major mistakes leading up to the crisis: irresponsibility (loans that were too high, too much derivative investment); lack of transparency; and unsustainability (by participating in speculation and contributing to market bubbles). The current economy, he explains, is based on a tripolar system: a "real" economy of manufacturing and tangible goods; and two "side economies" of real estate and financial derivatives, which have steadily drawn capital away from the real economy since 1989. A breakdown of this unsustainable system was predicted by multiple think tanks before 2007, based partly on the frantic growth of the derivatives market (from  $100 trillion to $516 trillion annually between 2001 and 2006 - for perspective, Benedikter cites the annual world GDP figure of approximately $50 trillion).

Social banks, on the other hand, invest 100% of their capital toward responsible, transparent, and sustainable ventures such as green technology and social initiatives. Banks emphasize knowing their customers, which requires them to operate on a smaller scale than traditional banks, and conversely customers know where their money is invested and can even participate in making investment decisions. These decisions  are meant to take the potential social as well as financial return on an investment into account. Benedikter describes this as a "Triple Bottom Line" approach, emphasizing profit, people, and the planet.

A discussion period following the presentation addressed questions including:  What are the mechanisms available to enforcing the triple bottom line approach in social banking and social finance? Are social banks guided by a common charter? What are the details of the proposed high-risk transaction fee? Why have some US social banks been successful while others have struggled?

Reuben W. Hills Conference Room

Roland Benedikter Speaker
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