In this way we can give definite mathematical and experimental meaning to the proliferation of "many worlds" in quantum theory, and demonstrate its substantiality.
|
|
Particularly where third parties are involved, as they are here, the "substantiality" of a burden on religious practice should be a legal question for the court to decide.
|
|
"After reviewing the contents and the process of the investigation so far ... it is difficult to acknowledge the necessity and substantiality of an arrest at the current stage," he said.
|
|
In person, each piece has a heft and substantiality to it that made us feel that a higher price for basics may actually coincide with above-average quality, in this case.
|
|
Calder also made "stabiles," so named by the German-French artist Jean Arp in 1932, which combine tenuity and substantiality, flow and stasis — and allowed the artist to push his form in new directions.
|
|
In these paintings, where the two or three rectangles ranged across the surface differ from the others in substantiality or, perhaps more accurately, insubstantiality, I feel that Rothko has gotten to a state of unparalleled vulnerability in his work.
|
|
In the US, fair use is determined using four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion taken and the effect of the use on the potential market for or value of the copyrighted work.
|
|
The determination of "substantial economic effect" for allocations is split into two main tests. The first is called the economic effects test. The second is the substantiality test. Both tests are complicated and require a detailed examination in the Treasury regulations 1.704-1(b).
|
|
Payne E., La Salle, Illinois, 1974) were developing separately for use in their own systems. Karl Jaspers in the twentieth century, in his development of existential categories, brought the three together, allowing for differences in terminology, as Substantiality, Communication and Will.Jaspers K. Philosophy 1932 (tr. Ashton E.B., University of Chicago Press, 1970) pp.
|
|
The picturesque vocabulary of Donelaitis is akin to folklore. He never waters down a phrase, nor does he euphemize, but is able to recreate in words the substantiality of the world and the speech of the rustics he portrays. His diction is crisp and fresh, and - because of its authenticity - simple and dignified.
|
|
He commented that "whether there is an aether or not, electromagnetic fields certainly exist, and so also does the energy of the electrical oscillations" so that, "if we do not like the name of 'aether', we must use another word as a peg to hang all these things upon". He concluded that "one cannot deny the bearer of these concepts a certain substantiality".Lorentz wrote: "One cannot deny to the bearer of these properties a certain substantiality, and if so, then one may, in all modesty, call true time the time measured by clocks which are fixed in this medium, and consider simultaneity as a primary concept." However, he went on to say that this was based on his conception of "infinite velocity", which according to his own theory is not physically realizable.
|
|
According to McRae: > ...the practical explanation of "maintaining the One without wavering" is > that one is simply to contemplate every aspect of one's mental and physical > existence, focusing on each individual component with unswerving attention > until one realizes its essential emptiness or non-substantiality. The > interesting aspect of this regimen is, paradoxically, its apparent > conventionality. Although further examination will reveal significant > differences between this and traditional Buddhist meditation practice, the > description given so far would apply equally well to the most basic of > Mahayana techniques: the insight-oriented contemplation of the non- > substantiality of the body. Although this type of contemplation is the > common property of virtually all schools of Mahayana Buddhism, its > presentation here differs in at least two ways from that found in more > traditional texts.
|
|
Sony was that copying for the purpose of reverse engineering was within fair use. Each of the four components of fair use were considered by the court individually. The components are the nature of the copyrighted work, the amount and substantiality of the portion used, the purpose and character of the use and the effect of the use on the potential market.
|
|
This argument is not supported by the concept of substance in metaphysics. This experiential field shows that the self is not consequently a substance and thereby there is no subjectivity. On the other hand some scholars like Wisnovsky believe that the flying man argument proved the substantiality of the soul.Wisnovsky in Ibn Sina believes that innate awareness is completely independent of sensory experience.
|
|
The Ninth Circuit has held that the use of thumbnails in image search engines is fair use. The third factor assesses the amount and substantiality of the copyrighted work that has been used. In general, the less that is used in relation to the whole, the more likely the use will be considered fair. Using most or all of a work does not bar a finding of fair use.
|
|
Critics have filed complaints about the substantiality of the question.Presumed violations of international law and common law standards of free and fair voting; see the Venice Commission, Code of Practice on Referendums (2007) on asking questions with concrete, determinative choices. Since the World Wars brought an end to the British Empire and physically destroyed large parts of the country, the UK has consistently supported organisations formed under international law.
|
|
Even though the substantiality of useful contributions may vary drastically, they all positively contribute to the overall quality of the project. The participants who consistently make worthy contributions will be viewed as leaders amongst their peers. Bruns also states that there is usually unrestricted access to most produsage models. An unlimited number of participants, allows more people to assess, critique, and analyze the existing contributions, increasing the quality of the outcome.
|
|
Dimension Films by the U.S. Court of Appeals for the 6th Circuit which established a bright line licensing regime with regards to samples which held that license must be taken regardless of duration or substantiality of sample.Bridgeport Music, Inc. v. Dimension Films, 410 F.3d 792, 800-01 (6th Cir. 2005). The Court of Appeals for the 9th Circuit also relied on the decision given by the same court in Newton v.
|
|
Second, it is impossible to get accurate strategic data on a large number of customers. Third, if gathered, the analysis of the data can be a daunting task. These barriers lead most companies to use more qualitative and intuitive methods in measuring customer data, and more persuasive methods while selling, hoping to compensate for the gap of accurate data measurement. # Substantiality, i.e. “the variable should be relevant to a substantial group of customers”.
|
|
Regarding to the lecturer himself, he finds a certain satisfaction in the older views, that the aether has at least some substantiality, that space and time can be strictly separated, that one can speak about simultaneity without further specification. Regarding the latter, one can probably refer to the ability that arbitrary great velocities can at least imagined by us. By that, one comes very near to the concept of absolute simultaneity. or in 1912 (published 1922).
|
|
Lorentz 1922, p. 125: We thus have the choice between two different plans: we can adhere to the concept of an aether or else we can assume a true simultaneity. If one keeps strictly to the relativistic view that all systems are equivalent, one must give up the substantiality of the aether as well as the concept of a true time. The choice of the standpoint depends thus on very fundamental considerations, especially about the time.
|
|
Some descriptions of entasis,entasis, article by Anthony Rich, Jun. B.A. of Caius College, Cambridge, on p461 of William Smith, D.C.L., LL.D.: A Dictionary of Greek and Roman Antiquities, John Murray, London, 1875. state simply, that the technique was an enhancement applied to the more primitive conical columns to make them appear more substantial. Other descriptions argue that the technique emphasizes the substantiality of, not the columns, but rather, of some other part or of the building while being viewed as a whole.
|
|
This factor applies to many types of memes because the original work is an artistic creation that has been published and thus the latter enjoys protection under copyright which the memes are violating. However, as memes are transformative, this factor does not have a lot of weight. The amount and substantiality of the portion used tests not only the quantity of the work copied but the quality that is copied as well.. Harper & Row v. Nation Enterprises clarified this position.
|
|
The Court reviewed the Act's legislative history, concluding that "[i]t is fair to say that in all this Congress expressed a mood... As legislation that mood must be respected."Universal Camera, 340 U.S. at 487. The Court found that both the Administrative Procedure Act and the Taft-Hartley Act, which amended the National Labor Relations Act, required that courts consider the whole record. In weighing the substantiality of evidence, courts must thus consider the whole body of evidence, including views opposed to the ultimate decision.
|
|
All the factors have to be weighed together and an overall assessment is made whether the infringing work would qualify as fair use. The four factors are: #The purpose or character of use, #The nature of the copyrighted work, #The amount and substantiality of the portion used, and #Effect on the market. The purpose and character of the use involve how the original copyrighted work's purpose differs from the meme's purpose, as well as commercial uses of products that use copyrighted material. In Campbell v.
|
|
They said that the > Creator (may he be exalted) is one substance (jawhar), meaning by this what > is self-subsistent (al-qa'im bi-n-nafs), not (what is characterized by) > spatial location and physical magnitude; and he is one in substantiality, > three in hypostaticity (uqnumiyya). By the hypostases they mean the > attributes (sifat), such as existence, life and knowledge, and the father, > the son and the holy spirit (ruh al-qudus). The (hypostasis of) knowledge > clothes itself and was incarnated, but not the other hypostases.”Watt 1991, > p. 69.
|
|
There are several basic types of impact calculus that compare the impacts of the plan to the impacts of a disadvantage: ; Substantiality (one impact is more realistic than the other) :e.g. Economic collapse is more seriously realistic than an outbreak of grey goo, therefore the risk of economic collapse outweighs the probability of a grey goo disaster. Probability is rarely discoverable in a debate, so it is not even mentioned in academic debate. Probability has to have some substantiated historical evidence beyond theory to move to precedence or initial risk already incurred.
|
|
Denmark, in terms of this institutional egalitarianism, has been labelled as having a social-democratic regime of welfare. The substantiality of the welfare state's reach in Denmark concerning income equality has led it to protect its citizens against the worst impact of the market and capitalism's more destabilizing effects. Even amid bad economic conditions in Denmark's past, poverty has lessened and standards of living and equality have increased. The preponderance of the evidence between income inequality and happiness suggests a possible link, but more research is needed for far-ranging conclusions.
|
|
Siddhasena's main contribution in the Sanmatitarka is his analysis of the Jain theory of Anekantavada. According to Jeffery Long, Siddhasena divides two the seven classical Jain nayas (standpoints, viewpoints) into two categories: "those which affirm the substantiality of existence (dravyāstikanayas) and those which affirm the impermanent, changing aspects of existence (paryāyāstikanayas)." This view sees the best account of reality as one which includes permanence and impermanence, identity and difference in a complex set of contradictory relations. Siddhasena also argued that the number of possible nayas or viewpoints of reality is potentially limitless.
|
|
The court identified multiple characteristics that distinguished Google's use from Fields including: # Google's use is for archival purposes; # Google's use allows users to track changes in websites; # Google's use allows users to figure out why a particular page resulted from a search. The court further held that Google's commercial status was of little importance because the Google's use was transformative. The second factor, "the nature of the copyrighted works" also weighed in favor of Google because the works were available for free on Field's website. The third factor, "the amount and substantiality of the use" weighed equally for both parties.
|
|
While he was imprisoned in a castle, Avicenna wrote his famous "Floating Man" thought experiment to demonstrate human self-awareness and the substantiality of the soul. His "Floating Man" thought experiment tells its readers to imagine themselves suspended in the air, isolated from all sensations, which includes no sensory contact with even their own bodies. He argues that, in this scenario, one would still have self- consciousness. He thus concludes that the idea of the self is not logically dependent on any physical thing, and that the soul should not be seen in relative terms, but as a primary given, a substance.
|
|
Various theological and philosophical aspects have been expanded and developed by Charles Hartshorne (1897–2000), John B. Cobb, Jr., and David Ray Griffin.John W. Cooper, Panentheism: The Other God of the Philosophers (Grand Rapids: Baker Academic, 2006), 342. A characteristic of process theology each of these thinkers shared was a rejection of metaphysics that privilege "being" over "becoming", particularly those of Aristotle and Thomas Aquinas. Hartshorne was deeply influenced by French philosopher Jules Lequier and by Swiss philosopher Charles Secrétan who were probably the first ones to claim that in God liberty of becoming is above his substantiality.
|
|
She also ranked in Evangelion popularity polls, usually in the top three. Japanese critic Hiroki Azuma described Rei Ayanami as "an extremely impressive character", praising the performance of Megumi Hayashibara and its psychological realism, since "Rei's solitude is grounded in a completely tactile substantiality which gives us extremely realistic images of the discommunication that children of the present face". The Anime-planet.com site, while appreciating some interesting revelations about her past and still considering her "by far the most interesting character", was crtical that her character had not been "explored as much as she should have been". Animecritics.
|
|
Any distribution of a work which has a copyright, wholly or partly, would constitute an infringing copy under Section 2(m)(i) of the Copyright Act, 1957. India follows a Fair Dealing approach as an exception to copyright infringement under Section 52(1)(a) for the purposes of private or personal use, criticism or review. The analysis requires three steps: the amount and substantiality of dealing, the purpose of copying, and the effect on potential markets. The amount of sustainability of dealing asks about how much of the original work is used in the meme, or how the meme transforms the original content.
|
|
MacFarlane, 20th Century Fox, Steve Callaghan, and Alex Borstein were all named in the suit. In July 2009, a federal district court judge rejected Fox's motion to dismiss, saying that the first three fair use factors involved—"purpose and character of the use", "nature of the infringed work", and "amount and substantiality of the taking"—counted in Metrano's favor, while the fourth—"economic impact"—had to await more fact-finding. In denying the dismissal, the court held that the reference in the scene made light of Jesus and his followers—not Metrano or his act. The case was settled out of court in 2010 with undisclosed terms.
|
|
"I" is who can experience, for example, the ego disintegrating and reforming, who can encounter emptiness and fullness, who can experience utter isolation or cosmic unity, who can engage any and all arising experiences. "I" is not any particular experience but the experiencer, not object but subject, and thus cannot be seen or grasped as an object of consciousness. This "noself" view of "I" can be seen in Assagioli's discussion of "I" as a reflection of Self: "The reflection appears to be self-existent but has, in reality, no autonomous substantiality. It is, in other words, not a new and different light but a projection of its luminous source".
|
|
While he was imprisoned in the castle of Fardajan near Hamadhan, Avicenna wrote his "Floating Man" thought experiment to demonstrate human self- awareness and the substantiality of the soul. He referred to the living human intelligence, particularly the active intellect, which he believed to be the hypostasis by which God communicates truth to the human mind and imparts order and intelligibility to nature. His "Floating Man" thought experiment tells its readers to imagine themselves suspended in the air, isolated from all sensations, which includes no sensory contact with even their own bodies. He argues that, in this scenario, one would still have self-consciousness.
|
|
" According to the UK Patent Office website, the definition of 'original' is the following: "A work can only be original if it is the result of independent creative effort. It will not be original if it has been copied from something that already exists. If it is similar to something that already exists but there has been no copying from the existing work either directly or indirectly, then it may be original. The term 'original' also involves a test of substantiality - literary, dramatic, musical and artistic works will not be original if there has not been sufficient skill and labour expended in their creation.
|
|
This withdrawn being is known as the virtual proper being of an object and denotes its enduring, unified substantiality. When relations external to an object, or exo-relations, consistently induce the same local manifestations to the extent that the actualization of qualities tends toward stability (for example, the sky remaining blue because of the constancy of Rayleigh scattering on atmospheric particles), the set of relations forms a regime of attraction. Onticology distinguishes between four different types of objects: Bright objects, dim objects, dark objects, and rogue objects. Bright objects are objects that strongly manifest themselves and heavily impact other objects, such as the ubiquity of cell phones in high-tech cultures.
|
|
Google did not dispute that it displayed and distributed protected derivative works of the plaintiff's images. However, it argued that the use of the works in such thumbnails was protected under the copyright doctrine of fair use. There are four statutory fair use factors in U.S. law: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the potential market for or value of the copyrighted work. The district court found that the purpose and character of the use was commercial and partially transformative (intended to serve a fundamentally different purpose than the originals).
|
|
The Board denied the museum licenses on the basis that the quotes were not substantial parts of the greater work. Substantiality is to be determined qualitatively and quantitatively based on how much was copied, what specifically was reproduced and how central or essential the material was to the character first work. Further considerations include whether the public would be able to recognize the source of the copy and whether the copy would create a substitute to the first work, thereby jeopardizing its economic viability. License Application by Breakthrough Films & Television, Copyright Board of Canada [2005] File 2004-UO/TI-33 In this case, the Copyright Board found that quotes reproduced in a History Channel documentary were substantial.
|
|
The court enjoined Anderson from pursuing the creation of a movie or other published work based on his script. Fanfiction is not infringing if it constitutes fair use of the underlying copyrighted work. In determining whether a particular use constitutes fair use, courts consider the following four factors: # "the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; # the nature of the copyrighted work; # the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and # the effect of the use upon the potential market for or value of the copyrighted work."17 U.S.C. §107(2009).
|
|
While he was imprisoned in the castle of Fardajan near Hamadhan, Avicenna wrote his famous "Floating Man" – literally falling man – a thought experiment to demonstrate human self-awareness and the substantiality and immateriality of the soul. Avicenna believed his "Floating Man" thought experiment demonstrated that the soul is a substance, and claimed humans cannot doubt their own consciousness, even in a situation that prevents all sensory data input. The thought experiment told its readers to imagine themselves created all at once while suspended in the air, isolated from all sensations, which includes no sensory contact with even their own bodies. He argued that, in this scenario, one would still have self-consciousness.
|
|
Over time, Giacometti's influence on Lerner grew and his work became more detached and ethereal, with "substantiality and concreteness displaced by diffusion of light" and color suppressed in favor of tonality and pale hue.Polanski, G. Jurek. "Significant Signifiers, Ukrainian Institute of Modern Art," ArtScope, 2001. Retrieved June 27, 2018. The shift, glimpsed in portraits, such as Laura I (1975), continued into the 1990s when Lerner returned to the figure after abandoning it for roughly a decade. Inspired by a visit to The Museum of the Mummies in Guanajuato, Mexico, he began exploring the beauty of decay and the feelings evoked by death through depictions of mummified, skeletal or hanged figures, corpses, and mythological subjects.
|
|
For, whether there is an aether or not, electromagnetic fields certainly exist, and so also does the energy of the electrical oscillations. If we do not like the name of "aether," we must use another word as a peg to hang all these things upon. It is not certain whether "space" can be so extended as to take care not only of the geometrical properties but also of the electric ones. One cannot deny to the bearer of these properties a certain substantiality, and if so, then one may, in all modesty, call true time the time measured by clocks which are fixed in this medium, and consider simultaneity as a primary concept.
|
|
If The Nation had limited themselves to only reporting the factual descriptions in the work, the second factor would have weighed in favor of finding fair use. (Justice Brennan, dissenting, suggests that the Court does not take enough account of how much of The Nations report was factual.) However, The Nation "did not stop at isolated phrases and instead excerpted subjective descriptions and portraits of public figures whose power lies in the author's individualized expression." # The amount and substantiality of the portion used in relation to the copyrighted work as a whole weighed against a finding of fair use. Although the "amount" was small, it constituted a "substantial" portion of the work because the excerpt was the "heart of the work".
|
|
Thirdly, Sony alleged that their device prevented PlayStation users from infringing copyright, by not allowing the RAM in the PlayStation to download a “substantial part” of the game's “cinematograph film.” Sony claimed that Steven's mod chips reversed this function, allowing the RAM to download a “substantial part” of the game's “cinematograph film” and thus infringed copyright within the meaning of ss 86(a) and 14(1) of the Copyright Act 1968. Sackville J in the initial hearing found that only a very small proportion of the images and sounds comprising the cinematograph film were "embodied" in the PlayStation console's RAM at any given time. "In the circumstances as they arose at trial, Sony failed to lay the necessary evidentiary basis for a finding in its favour on substantiality".
|
|
Finally, the court considers the main fair-use argument of the case. The plaintiffs argue that because the defendants are libraries, they are governed by and can't claim a fair use defense. The court rules that the special rights granted to libraries in §108 are in addition to fair use rights and continues to evaluate the defendants' fair use claims. As the court explains, there are four independent factors to address in any fair use evaluation: # The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; # the nature of the copyrighted work; # the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and # the effect of the use upon the potential market for or value of the copyrighted work.
|
|
Souter reasoned that the "amount and substantiality" of the portion used by 2 Live Crew was reasonable in relation to the band's purpose in creating a parody of "Oh, Pretty Woman". The majority reasoned "even if 2 Live Crew's copying of the original's first line of lyrics and characteristic opening bass riff may be said to go to the original's 'heart,' that heart is what most readily conjures up the song for parody, and it is the heart at which parody takes aim." The Supreme Court then looked to the new work as a whole, finding that 2 Live Crew thereafter departed markedly from the Orbison lyrics, producing otherwise distinctive music. Looking at the final factor, the Supreme Court found that the Court of Appeals erred in finding a presumption or inference of market harm (such as there had been in Sony).
|
|
For instance, quoting from a copyrighted work in order to criticize or comment upon it or teach students about it, is considered a fair use. Certain well-established uses cause few problems. A teacher who prints a few copies of a poem to illustrate a technique will have no problem on all four of the above factors (except possibly on amount and substantiality), but some cases are not so clear. All the factors are considered and balanced in each case: a book reviewer who quotes a paragraph as an example of the author's style will probably fall under fair use even though they may sell their review commercially; but a non- profit educational website that reproduces whole articles from technical magazines will probably be found to infringe if the publisher can demonstrate that the website affects the market for the magazine, even though the website itself is non-commercial.
|
|
R. Rep. No. 94-1476, at 61 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5674. Also, specifically with respect to 17 U.S.C. § 114(b) the Court cited a House Report which when discussing the provision stated that 'infringement (would only) take place whenever all or any substantial portion of the actual sounds that go to make up a copyrighted sound recording are reproduced......';H.R. Rep. No. 94-1476, at 106 (1976), reprinted in 1976 U.S.C.C.A.N. at 5721 by stating that substantiality of sounds reproduced is a factor to be considered when determining claims of infringement it clarified that a de minimis defense exists even in the case of sound recordings. Once these arguments forwarded by the Bridgeport Music Case are set aside, all that remains is that the new artist used expressive contents from the original artist, but this stands true in various artforms and ventures (e.g. creation of picture collages,Sandoval v.
|
|
Substantiality is the second part of the substantial economic effects test. Generally, an allocation is substantial if there is a reasonable possibility that the allocation will affect substantially the dollar amounts to be received by the partners from the partnership independent of the tax consequences.26 CFR 1.704-1(b)(2)(iii) An allocation is not substantial if at the time the allocation becomes part of the partnership agreement, (1) the after-tax economic consequences of at least one partner may be enhanced compared to such consequences if the allocation was not contained in the partnership agreement, and (2) there is a strong likelihood that the after-tax consequences of no partner will be substantially diminished compared to such consequences if the allocation was not contained in the partnership agreement. The idea here is that the IRS is looking for partnerships whose sole goal is to improve the tax situation of the partners.
|
|
His High Court appearances include as the expert in the Spandau Ballet case (1999), as expert for The Sunday Times in the libel case over the authorship of The James Bond Theme (2001), and in the Young At Heart case (co-authorship arising from the input of a session player, 2002). In October 2002 he was the first Single Joint Expert in music in the Malmstedt/Roxette case. In 1999 he provided evidence in the Macarena case regarding “substantiality” in a sample – the only sampling case yet to reach the UK courts and which resulted in a settlement. In 2004 he appeared as expert in Lionel Sawkins -v- Hyperion Records (a landmark case concerning when copyright arises in editions of historical music); in Mark Taylor -v- Rive Droite Music (when is a musical work complete); and in the Patents County Court in Locksley Brown -v- Mcasso Music Production Ltd (originality in rap lyrics).
|
|
I cannot but regard the aether, which can be the seat of an electromagnetic field with its energy and its vibrations, as endowed with a certain degree of substantiality, however different it may be from all ordinary matter. In this line of thought, it seems natural not to assume at starting that it can never make any difference whether a body moves through the aether or not, and to measure distances and lengths of time by means of rods and clocks having a fixed position relatively to the aether. It would be unjust not to add that, besides the fascinating boldness of its starting point, Einstein's theory has another marked advantage over mine. Whereas I have not been able to obtain for the equations referred to moving axes exactly the same form as for those which apply to a stationary system, Einstein has accomplished this by means of a system of new variables slightly different from those which I have introduced. 1910 (published 1913),Lorentz 1913, p.
|
|
Fan labor products may be protected by the Fair Use Doctrine of the U.S. Copyright Law, which judges if a work is copyright-infringing based on four tests: #the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; #the nature of the copyrighted work; #the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and #the effect of the use upon the potential market for or value of the copyrighted work. However, these tests are not absolute, and judges may decide to weigh one factor more heavily than another in any given case.Woo 2004 Although some fan artists receive cease and desist letters or find themselves running afoul of copyright law, they may argue that their "artistic interpretation" of a character or scenario makes it a transformative work upheld by the fair use doctrine. The Organization for Transformative Works is a fan-run organization that advocates for the transformative nature of fan fiction and provides legal advice for fan fiction writers, vidders, and other fan labor practitioners.
|
|