Ownership Claims Research Articles

POLA KEBERAGAMAAN MASYARAKAT MARGINAL

Abstract: This study examines the issue of the sociology of religion at the religious practices of local communities. Kampung Laut selected as a test site for two (2) major consideration. First, the practice of religion in the fom of ritual in Kampung Laut is different from the mainstream that is considered wrong and become targets for streamlining activities.
 Second, the typical characteristics of Kampung Laut people in the vortex of conflict govemment agencies on claims of ownership of natural resources. Correctional Institution (LP) as part of Kemenkumham, Cilacap regency govemment and PT. Perhutani conflict over land ownership arising from sedimentation along Segara Anak. Conflicts that exist tend to be maintained to a certain political interests. Even more, these institutions construct public issue by positioning Kampung Laut as threatening communities via label illegal loggers and destroyers of ecosystems.
 Bad image fomed through a process of marginalization is then formed the distinctive character of the community as a community of Kampung Laut resistant and latent.
 The method used in this research is descriptive qualitative sociological approach. Through sociological analysis, practice different religious rituals that seem to have rationalization based on the theory of action Weber in the category of value-oriented rationality. Different actions with mainstream thought to have more benefits in the context of the struggle for existence of identity in the practice of marginalization carried out by institutions conflictual. Religiorn becomes the entry point of this issue given its massive, communal, and mobilized by the transcendental values.
 Keywords: Religion, Conflict, Ritual, Mainstream.

Re-Constructing History Through Courts? Legacy in International Criminal Justice

Legacy plays an increasing role in the work of international courts and tribunals. But it remains under-theorized as a concept. Court strategies navigate between re-production of the past and societal transformation. Many of the lasting effects of criminal proceedings are not tied to the legal reasoning of judgments, but specific incidents or performative aspects of trials, and their reception. This contribution examines legacy strategies and their critiques. It shows that the turn to legacy is partly an expression of the role of courts as social agents and geared towards the production of ‘global’ legacies. It argues that legacy cannot be construed by institutions, but shifts with perceptions over time. It differentiates different types of legacy: juridified legacy, institutional/systemic legacy, performative legacy, re-productive legacy and receptive legacy. It claims that Court-mandated legacy involves a certain degree of social construction and claims of ownership over the past that sit uncomfortably strategies with the thicker fabric of remembrance and collective memory.

THE CONCEPTION OF HISTORIC SHIPWRECKS OWNERSHIP IN ACCORDANCE WITH INTERNATIONAL LAW

Technology development pushed forward an access to underwater cultural heritage. Diving tools development makes an access to deeper part of sea accessible. This access not only used by researcher and archeology but also by treasure hunter and historical shipwrecks treasure seekers. These events lead the interested party to explore the sea for valuable things. One of them is historic shipwrecks which contain historical, archaeological or economic value. The significance of this historic shipwrecks leads to an issue about ownership. The ownership claims of historical shipwrecks tis starting to become a global issue after the occurrence of jurisdiction clash among the Flag-state country, Finder, Coastal state, or state origin of the cargo. Therefore, it is important to understand the issue further by exploring the conception on regulation of historic shipwrecks at international level through international convention, at national level through its regulation and practice in several countries and also the regulation and practice in Indonesia.

Neo-Orientalism and the e-Revolutionary: Self-Representation and the Post-Arab Spring

The uprisings of 2011 in the Middle East and North Africa opened the way for a potential reimagining of the role of the Arab socio-political militant and the work of the public intellectual. Much change was achieved and the action of postmodern social activists played a central role in this historical undertaking. Deeper examination of the discourse and subsequent positioning of a large segment among these newer actors reveal, in the post-Arab Spring period, neo-Orientalist traits whereby Western metropolis concerns and phraseology overtake the domestic requirements of political transition. Self-representing themselves and their theatres by way of borrowed perspectives proceeding from external, paternalistic logics has led this new generation of actors to a series of contradictions as to the very democratizing rupture and rebirth of the region they have been advocating for. Borrowed prisms and subservient agency are the consequential drivers of this mode, which proceeds paradoxically on claims of independence and ownership.

Conflicts in Northern Ghana: Search for Solutions, Stakeholders and Way Forward

Ghana, compared to many other African nations, has been described as a peaceful and stable country. Nonetheless, there are several ethno-political and religious conflicts some of which have been ongoing in the country for several years. The conflicts could be broadly categorized as inter – and intra – ethnic conflicts. This paper gives an account of some of the major conflicts in Northern Ghana that have drawn national attention, most of which were/are violent. It examines the causes of these conflicts, some of which include the struggle for traditional power and supremacy, claims of ownership of land and politically and religious-motivated. While inter-ethnic conflicts are generally about sovereignty and claim to land, intra-ethnic conflicts are mostly about succession. The outcomes of these conflicts have made coexistence either very difficult in certain areas or even impossible. The analysis is based on a qualitative historical analysis of four case studies on the northern Ghana conflicts. Data were drawn from secondary and primary sources. Although earlier studies have taken this historical narrative form, it is also necessary to re-examine the cases on a comparative basis and to especially analyze the strategies that have been employed to manage, resolve or transform them. Understanding the dynamics of these interventions is necessary for the search for lasting peace. The paper also assesses the roles and involvement of major stakeholders in conflict management, resolution and prevention in northern Ghana and finally suggests a way forward. KEY WORDS : Conflict, Ghana, Ethnic Conflicts, Power Struggle, Stakeholders

Shades of green and REDD: Local and global contestations over the value of forest versus plantation development on the Indonesian forest frontier

AbstractIn a time of increasing land enclosures sparked by large‐scale environmental initiatives and agricultural expansion, this paper examines local and global contestations over the value of forest on an Indonesian forest frontier. Engaging with recent debates on carbon forestry, the paper problematises the emerging initiatives of ‘Reducing Emissions from Deforestation and Forest Degradation’ known as REDD+ in the province of West Kalimantan, Indonesia. The paper argues that the general rush to implement REDD+ without intimate knowledge of the political landscape of resource struggle is in danger of generating new enclosures of land that may be easily appropriated by local elites, thus excluding less fortunate sections of local society. The paper shows how divergent interpretations of REDD+ are triggering land disputes, and how powerful actors readily appropriate REDD+ discourses as a tool to support divergent claims of land ownership. Government and villagers, through overlapping and contradictory engagements, negotiate REDD+ initiatives with global environmental actors and private plantation companies. The paper highlights the implications of these local realities for the successes of REDD+. The Kalimantan case highlights some of the dilemmas of carbon mitigation initiatives experienced in frontier regions throughout Southeast Asia, places that have become prime battlefronts of large‐scale climate change initiatives and agrarian expansion.

Children's Media Making, but Not Sharing: The Potential and Limitations of Child-Specific Diy Media Websites

From drawing pictures to making home movies, children have long produced their own, do-it-yourself (DIY) media at the individual and local scales. Today, children's DIY media creation increasingly takes place online, using digital technologies and tools that allow them to not only produce but also share their ideas with the world. This article relays findings from the first stages of a three-year inquiry project into the opportunities and challenges associated with the rise of children's online DIY media: an extensive media scan to identify websites and an in-depth content analysis of the terms and conditions, privacy policies and overall site designs. Among our key findings is the discovery that a narrow emphasis on making and a systematic disregard for the crucial role of sharing predominate the current children's online DIY media environment. Furthermore, corporate ownership claims and a lack of features aimed at enabling user interaction often diminish the sites' potential to advance children's cultural rights and educational opportunities. We conclude that a disproportionate emphasis on making as a form of individualised learning has led to an undermining of crucial dimensions of children's DIY media.

The Rapanui diaspora in Tahiti and the lands of Pamatai (1871-1970)

When commercial flights between Rapa Nui and Tahiti began in 1968, after nearly 70 years of colonial confinement, a new migratory process began from Rapa Nui to Tahiti. This included claims of ownership of the lands of Pamatai, bought 80 years earlier by a group of 25 Rapanui immigrants. For the Rapanui people, the history of the lands of Pamatai evokes a series of memories and forgotten events, genealogical ties, as well as a constant search for a linkage with Tahiti – a “memory of diaspora.” In this paper, I analyze the history of links between Rapanui people and Tahiti and the role of the lands of Pamatai in the Rapanui migration process: the exodus during the nineteenth century, confinement on Easter Island, the broken link with Tahiti, and Rapanui claims for ownership of the lands of Pamatai after the 1970s.

Premuneration Values and Investments in Matching Markets

We analyze a model in which agents make investments and then match into pairs to create a surplus. The agents can make transfers to reallocate their pretransfer ownership claims on the surplus. Mailath, Postlewaite, and Samuelson (2013) showed that when investments are unobservable, equilibrium investments are generally inefficient. In this paper we work with a more structured model that is sufficiently tractable to analyze the nature of the investment inefficiencies. We provide conditions under which investment is inefficiently high or low and conditions under which changes in the pretransfer ownership claims on the surplus will be Pareto improving, as well as examine how the degree of heterogeneity on either side of the market affects investment efficiency.

Missing Sticks: Property Institutions and Income Dissipation in Indian Country

This paper analyzes the economic consequences of property institutions. Federal land reform policy privatized American Indian reservation land in the 1880s. This reform intended to foster economic development on American Indian reservations by creating a system of individual private property. However, these new ownership rights were incomplete and accompanied by restrictions that have led to the fragmentation of land parcels into millions of shared ownership claims. Because land rights on Indian reservations do not include all of the sticks in the traditional property rights bundle, Indians face higher costs for real estate transactions. These additional costs preclude exchange and impede the productive use of reservation-land resources. Using data on Indian land ownership and agricultural leases in 2010, we provide the first quantitative evidence that incomplete property rights have worsened economic outcomes on Indian reservations. Our results show that increased ownership fractionation has reduced the incomes of American Indians on reservations and is associated with lower agricultural lease income, a measure of land productivity.

Authorizing Yoga: The Pragmatics of Cultural Stewardship in the Digital Era

The so-called Digital Age, many claim, is marked by a shift from a global economy based on material industry to one based on the manipulation of information/knowledge. Whether or not one agrees with this assessment, the increased realization of information/knowledge as a prime source of market value has led to a consequent growth in the reach of intellectual property (IP) rights and in the diversity of individual and cultural ownership claims considered possible. This expansion has sparked heated debates marked by a broad sense of crisis that the very foundations of culture, creativity, and even humanity, are increasingly subject to privatization.This article explores a key issue in these debates by examining processes of appropriation with respect to intangible heritage and the consequent development of “stewardship” as an authoritative claim over future interpretations of culture-as-resource. The discussion focuses on the complexities of fashioning contemporary cultural stewardship claims with respect to South Asian classical medicine, generally, and yoga, specifically. I examine the emergence of a particular understanding of cultural stewardship that enables certain parties, such as the Indian state, to be identified as legitimate guardians of South Asian intangible heritage while others, such as private individuals, come to be labeled cultural pirates.

Do patents and copyrights give their holders excessive control over the material property of others?

The moral acceptability of intellectual property rights is often assessed by comparing them to central instances of rights to material property. Critics of intellectual ownership claim to have found significant differences. One of the dissimilarities pertains to the extent of the control intellectual property rights bestow on their holders over the material property of others. The main idea of the criticism of intellectual ownership built around that dissimilarity is that, in light of the comparison with material property rights, the power is excessive. In this article, I assess this objection to intellectual property rights in connection with patents and copyrights. I maintain that it is implausible.

The Incentives Argument Revisited: A Millean Account of Copyright

AbstractThe U.S. Constitution employs a utilitarian view in authorizing Congress to establish patents and copyrights. Let us refer to this way of justifying copyright as the Incentives Argument, or more extensively, the Incentives Argument for Intellectual Property Rights. While seemingly straightforward, the Incentives Argument has been widely criticized in philosophical literature on intellectual property. Scholars have come to prefer Neo‐Lockean labor‐desert accounts, grounding intellectual property rights in the author's natural ownership claims over his creations. Neo‐Lockean accounts are thought to avoid some of the problems classically associated with utilitarian arguments, such as vulnerability to empirical evidence and an inability to make sense of rights or duties morally prior to consequential considerations. Fortunately, many criticisms articulated by opponents of the Incentives Argument can be answered by a strategic retreat to the version of utilitarianism found in the work of John Stuart Mill. I argue that not only does a Millian account of the Incentives Argument prove less vulnerable to oft‐cited criticisms, but also allows for a more robust account of how the audience benefits from a proliferation of creative works. Mill's focus on the importance of critical self‐development allows for a deeper analysis of how creative works benefit members of the audience as individuals and as a community. Within a Millian framework, viewing the audience as mere passive consumers of media fails to take into account the impact of expressive acts on an individual's critical self‐development. Instead, one must see members of the audience as active participants in the creation of meaning and the common culture. Construing the community that receives creative works as an Active Audience alters the landscape of copyright, and the Incentives Argument, making balancing the desires of creators and the desires of audience members a key priority.

Negotiating culture: heritage, ownership, and intellectual property

Rival claims of ownership or control over various aspects of culture are a regular feature of our twenty-first-century world. Such debates are shaping disciplines as diverse as anthropology and archaeology, art history and museum studies, linguistics and genetics.This provocative collection of essays -- a series of case studies in cultural ownership by scholars from a range of fields -- explores issues of cultural heritage and intellectual property in a variety of contexts, from contests over tangible artifacts as well as more abstract forms of culture such as language and oral traditions to current studies of DNA and genes that combine nature and culture, and even new, nonproprietary models for the sharing of digital technologies. Each chapter sets the debate in its historical and disciplinary context and suggests how the approaches to these issues are changing or should change. One of the most innovative aspects of the volume is the way each author recognizes the social dimensions of group ownership and demonstrates the need for negotiation and new models. The collection as a whole thus challenges the reader to reevaluate traditional ways of thinking about cultural ownership and to examine the broader social contexts within which negotiation over the ownership of culture is taking place. In addition to Laetitia La Follette, contributors include David Bollier, Stephen Clingman, Susan DiGiacomo, Oriol Pi-Sunyer, Margaret Speas, Banu Subramaniam, Joe Watkins, and H. Martin Wobst.

A Tale of Two Heritages: Claims of Ownership over Intangible Cultural Heritage and the Myth of ‘Authenticity’

A Tale of Two Heritages: Claims of Ownership over Intangible Cultural Heritage and the Myth of ‘Authenticity’

Study on watermarking scheme using threshold value and S-Box

Digital data can be easily copied and distributed, and since the original is exactly the same as the copy, the author would be unable to distinguish between the two. This is currently becoming a serious problem, resulting in a spear-and-shield like confrontation between those who are trying to stop illegal replication and those who are trying to access illegal copies. Digital watermarking is attracting attention as a means of providing copyright protection and authentication for multimedia content facing such difficulties. A digital watermark inserts information into multimedia content without the users' knowledge, and in the event of a copyright issue, the information can be extracted, providing the author with the rightful claim of ownership. In this thesis, a watermark is not only inserted in the LSB bit like the thesis of Ping Wah Wong and Nasir Memon, but the insertion position of the watermark is randomly chosen using a threshold value and S-Box to prevent an attacker from obtaining or manipulating the inserted information. In addition, threshold values that result in a minimum amount of image deterioration due to variable insertion were evaluated experimentally.

Two Exhumations and an Attempted Theft: The Posthumous Biography of St Cuthbert in the Nineteenth Century and its Historicist Narratives

The tomb, body and relics of the Anglo-Saxon St Cuthbert (d. AD 687) are best known for their miraculous preservation and migration across North East England in flight from Viking raiders throughout the period AD 795–995, before coming to rest at Durham Cathedral (Cramp 1980; Campbell 1991, 79). Their current display emphasizes their role as ‘Treasures’ of the Cathedral and as symbols of England's conversion and early Christianity. What are not mentioned are the modern interactions with the tomb that led to the creation of their modern display as a key attraction of the World Heritage Site. As this article will argue, post-medieval examinations and uses of the tomb have also been important in attempts to control and produce very particular meanings at the site of display. I offer an examination of nineteenth-century engagements with the tomb and body of St Cuthbert, showing how the saint's remains were a locus of conflicting claims of authenticity and ownership. Through antiquarian practices of exhumation and detailed publications of their findings, curator-custodians were engaged in a distinctively local struggle to produce an authoritative narrative for the saint.

Who owns the project name?

In the United States, ownership of trade marks can be bedevilling. A trade mark registration is not a grant of rights, only recognition of already-existing rights. Instead, a trade mark is owned by the first to use it and may only be registered by the owner. But, there is no consistent rule or standard that courts apply when deciding disputes over ownership. Moreover, U.S. trade mark law eschews the concept of joint ownership, considering it inconsistent with a trade mark's role as a sole source identifier or assurer of quality. Thus, courts are in the position of having to identify a single owner of a trade mark using poorly defined law. This article will review the various ways that courts have decided who owns a trade mark when there are two claimants. It will also provide guidance to free and open source software projects about how to best manage their project names so that the project has a clear claim of ownership and its project name is fully enforceable as a trade mark.

Recognition of indigenous water values in Australia's Northern Territory: current progress and ongoing challenges for social justice in water planning

This paper details indigenous Australian water values and interests, highlights progress towards improved distributive outcomes from water planning and analyses the remaining challenges in meeting indigenous aspirations for cultural recognition. It describes the significance of water to indigenous people living in the Roper River area of Australia's Northern Territory, reports on innovations in water allocation planning processes aimed at accommodating that significance, and analyses the implications of this case study for water planning generally. We describe rich cultural and historical connections with water places, protocols governing human conduct towards water, custodial assertions regarding the need for “water for the country”, distinctive values relating to riparian vegetation, and claims of ownership and economic rights in contemporary water allocations. Current water planning objectives such as sustainable development, protection for groundwater-dependent ecosystems, and protection of indigenous values accord with contemporary indigenous perspectives in the Roper, and in a national first, the local water plan specifically proposes reserving a significant water allocation for commercial use by indigenous people. Yet that allocation is seen as unjust from a local perspective, and further analysis demonstrates a range of other limitations: the scale and boundedness of the demarcated plan area, the neglect of riparian vegetation management, insufficient resourcing of local indigenous capacity, mismatches in planning and local governance structures, and the broader question of whether a rationalist planning process can simultaneously advance indigenous claims for recognition, equity in distributions and parity in participation.

Young children's understanding of ownership rights for newly made objects

Young children often use simple rules of thumb to infer ownership of objects, but do they also understand ownership rights? We investigated whether 2- and 3-year-olds would react to violations of ownership rights in the context of newly made objects. In Experiment 1, children protested and made spontaneous reference to ownership when a puppet took away the child's object, but protested little when a third party's objects were at stake. Yet, 3-year-olds attributed ownership to the third party when asked ownership questions. Children's ownership claims were due to the effort invested in making new things, as they rarely used ownership protest after having handled raw materials (Experiment 2). Two- and 3-year-olds thus showed an appreciation of ownership rights for their own newly made objects. While 3-year-olds understood third party ownership, they may have lacked the motivation to intervene in ownership rights violations involving a third party.