Principles for a Data Economy

Principles for a Data Economy

The Principles for a Data Economy – Data Rights and Transactions is a transatlantic legal project carried out jointly by the American Law Institute (ALI) and the European Law Institute (ELI). The Principles for a Data Economy deals with a range of different legal questions that arise in the data economy. Since data is different from other tradeable items, the Principles draw up legal rules for data transactions and data rights that take into account the interests of different stakeholders involved in the data economy. The Principles are designed to facilitate contractual relations as well as the drafting of model agreements and can guide courts and legislators worldwide. The project proposes a set of principles that can be implemented in any legal system and is designed to work in conjunction with any kind of data privacy/data protection law, intellectual property law or trade secret law. The Principles do not address or seek to change any of the substantive rules of these bodies of law. The Project Team consists of Neil B Cohen and Christiane Wendehorst (as Project Reporters) and Lord John Thomas as well as Steven O. Weise (as Project Chairs). == Characteristics of data == The law governing trades in commerce has historically focused on trade in items that are tangible like goods or on intangible assets, such as shares or licenses. However, data does not fit into any of these traditional categories, nor does it qualify as a service. It is often unclear how traditional legal rules and doctrines can apply to data, as data is different from other assets in many ways. For example, data can be multiplied at basically no cost and can be used in parallel for a variety of different purposes by many different people at the same time (data is a “non-rivalrous” resource). Uncertainty regarding the applicable rules to govern the data economy may inhibit innovation and growth and trouble stakeholders like data-driven industries, start-ups, and consumers. == Stakeholders in the data economy == The Principles have taken the basic types of players and relations which can be found in data ecosystems as a starting point to provide guidance in different situations. The central actors in the data economy are data controllers (also called “data holders”). They are in a position to access the data and decide for which purposes and means this data should be processed. A controller may exercise control all by itself or share it with co-controllers, such as under a data pooling arrangement. Data processors provide the processing of data on a controller’s behalf as a service. Another important group of stakeholders includes those that contribute to the generation of data (e.g. data subjects). Other players in the data economy include data assemblers or data intermediaries (e.g. data trusts). == History of the project and timeline == Before the official adoption of the project by ALI and ELI bodies in 2018, the project team carried out a Feasibility Study from October 2016 to February 2018. In the following years, the project team produced a number of drafts (e.g. “Preliminary Drafts” No. 1 to 4, “Tentative Draft No. 1”) and project progress were regularly discussed with advisory bodies and members of both the ALI and the ELI. The project reporters also included feedback and insights from industry stakeholders and experts that was gained after several meetings and workshops, hosted, inter alia by UNCITRAL, UNIDROIT and several national governmental institutions. Tentative Draft No. 2 was presented at the ALI Annual Meeting in May 2021 and approved by ALI membership. The latest draft ("Final Council Draft") was also approved by the ELI Council and ELI Membership. The Principles for a Data Economy were presented at an international conference with representatives from institutions such as the Uniform Law Commission (ULC), the European Commission, UNIDROIT, the OECD, the International Chamber of Commerce (ICC) and the World Economic Forum (WEF) in October 2021. == Project structure == The current draft (“Tentative Draft No. 2”) of the Principles consists of five Parts that each governs different aspects of the data economy: General Provisions, Data Contracts, Data Rights, Third Party Aspects of Data Activities, and Multi-State Issues. === General Provisions === Part I includes general provisions that apply to all other Parts of the Principles for a Data Economy. This Part sets out the purpose of the Principles: they aim to make existing law in the field of the data economy more coherent and support the development of the law in this field by courts and legislators worldwide. It is also clarified that the Principles have a wide scope of application and can be used in a variety of ways by stakeholders in the data economy. The Principles may, for example, serve private parties as a basis for contract formation, guide the deliberations of arbitral tribunals or inspire national legislation. Part I then defines several key terms, such as ‘digital data’ and ‘data right’. The scope of the Principles is limited to matters where information is recorded as an asset, resource or tradeable commodity and where large amounts of data, rather than single pieces of information, are concerned. This Part also clarifies that remedies with respect to data contracts and data rights are left to the applicable national law. === Data Contracts === Part II lists different types of contracts that often occur in the data economy and establishes two broad categories, namely contracts for the supply and sharing of data and contracts for services with regard to data. Contracts for the supply and sharing of data include, e.g. data transfer contracts or data pooling arrangements, while contracts for services with regard to data cover contracts for the processing of data or data intermediary contracts. The Principles provide default terms for each contract type, on issues such as the manner in which data should supply or which characteristics the data supplied should meet. These default terms 'automatically' become part of the contract unless the parties agree otherwise. === Data Rights === Part III governs legally protected interests of players in the data economy that stem from the characteristics of data as a resource (e.g. its non-rivalrous nature) or from public interest considerations. Such data rights may include the right to data access, the right to require the controller to desist from data activities or to correct incorrect/incomplete data, or even to receive an economic share in profits derived from the use of data. For example, the Principles deal with data rights of stakeholders that had a share in the co-generation of data and identify different factors to be considered in determining whether to afford a party a data right. The underlying idea that parties who have contributed to the generation of data should have some rights in the utilization of the data is also recognized by governmental institutions, such as by the Japanese Ministry of Economy, Trade and Industry (METI), and the term co-generated data, which was coined by the Principles for a Data Economy, has been adopted, inter alia by the European Commission, the German Data Ethics Commission and the Global Partnership on Artificial Intelligence (GPAI). This Part also deals with data rights for the public interest, such as data sharing rights in the field of innovation. === Third Party Aspects === Part IV governs different situations in which data transactions interfere with the rights of third parties. Such rights include intellectual property rights or rights derived from data privacy or data protection law. This Part sets out under which circumstances data activities should be considered wrongful vis à vis another party. For example, a data activity (like data processing or the onward supply of data) could be considered wrongful, if a controller interferes with the rights of data subjects that are protected by data-protection law. A data activity could also be wrongful if the controller is non-compliant with contractual limitations on data activities, enforceable by the protected party (e.g. a controller may only process data for a certain purpose). If someone obtained access to data by unauthorized means (i.e. data “theft”) this could also be considered wrongful. The Part on Third-Party Aspects also takes a detailed look at the effects of the onward supply of data can have on third parties, while balancing the protection of third parties on the one hand, with the interests of data recipients and the desire to encourage data sharing on the other. === Multi-State Issues === As transactions in the data economy are international by nature and hardly occur within one legal system alone, the Part V of the Principles also briefly touches upon the applicability of the rules and doctrines of private international law to such transactions. == Links == Website of the “Principles for a Data Economy – Data Rights and Transaction

The Business Cloud

The Business Cloud is an API enabled self-service platform, developed by Domo, that provides an array of services like data connection and data visualization. == History == Domo, Inc. was founded in 2010 by Josh James who also co-founded the web analytics software company Omniture in 1996, which he took public in 2006. Domo launched the Domo Appstore, with 1,000 apps with social and mobile capabilities, in 2016. This appstore creates a network of business apps and an ecosystem of companies into a single, integrated business cloud. This decision came after Domo announced a $131 million round of funding from BlackRock. According to the company, the concept behind The Business Cloud is to connect smaller clouds relating to apps or other functional areas of a business into a single business cloud that allows self-service and other social features to customers. == Services == The Business Cloud is offered as a free service, claimed to be the world's first business cloud with Domo appstore as one of its core services. This free package includes all of the Domo's features and functionality including Domo platform, Domo Apps, visualizations, alerts, company directories, org charts, profiles, tasks and Domo Mobile. The Business Cloud allows customers to leverage their preferred cloud as well as on-premises software and monitor all aspects of their business in routine. The company is supported by a $500 million fund from investors all over the world.

YaDICs

YaDICs is a program written to perform digital image correlation on 2D and 3D tomographic images. The program was designed to be both modular, by its plugin strategy and efficient, by it multithreading strategy. It incorporates different transformations (Global, Elastic, Local), optimizing strategy (Gauss-Newton, Steepest descent), Global and/or local shape functions (Rigid-body motions, homogeneous dilatations, flexural and Brazilian test models)... == Theoretical background == === Context === In solid mechanics, digital image correlation is a tool that allows to identify the displacement field to register a reference image (called herein fixed image) to images during an experiment (mobile image). For example, it is possible to observe the face of a specimen with a painted speckle on it in order to determine its displacement fields during a tensile test. Before the appearance of such methods, researchers usually used strain gauges to measure the mechanical state of the material but strain gauges only measure the strain on a point and don't allow to understand material with an heterogeneous behavior. One can obtain a full in plane strain tensor by derivation of the displacement fields. Many methods are based upon the optical flow. In fluid mechanics a similar method is used, called Particle Image Velocimetry (PIV); the algorithms are similar to those of DIC but it is impossible to ensure that the optical flow is conserved so a vast majority of the software used the normalized cross correlation metric. In mechanics the displacement or velocity fields are the only concern, registering images is just a side effect. There is another process called image registration using the same algorithms (on monomodal images) but where the goal is to register images and thereby identifying the displacement field is just a side effect. YaDICs uses the general principle of image registration with a particular attention to the displacement fields basis. === Image registration principle === YaDICs can be explained using the classical image registration framework: === Image registration general scheme === The common idea of image registration and digital image correlation is to find the transformation between a fixed image and a moving one for a given metric using an optimization scheme. While there are many methods to achieve such a goal, Yadics focuses on registering images with the same modality. The idea behind the creation of this software is to be able to process data that comes from a μ-tomograph; i.e.: data cube over 10003 voxels. With such a size it is not possible to use naive approach usually used in a two-dimensional context. In order to get sufficient performances OpenMP parallelism is used and data are not globally stored in memory. As an extensive description of the different algorithms is given in. === Sampling === Contrary to image registration, Digital Image Correlation targets the transformation, one wants to extracted the most accurate transformation from the two images and not just match the images. Yadics uses the whole image as a sampling grid: it is thus a total sampling. === Interpolator === It is possible to choose between bilinear interpolation and bicubic interpolation for the grey level evaluation at non integer coordinates. The bi-cubic interpolation is the recommended one. === Metrics === ==== Sum of squared differences (SSD) ==== The SSD is also known as mean squared error. The equation below defines the SSD metric: S S D ( μ , I F , I M ) = 1 | Ω F | ∑ x i ∈ Ω F ( I F ( x i ) − I M ( T μ ( x i ) ) ) 2 , {\displaystyle SSD(\mu ,{\mathcal {I_{F}}},{\mathcal {I_{M}}})={\dfrac {1}{\left|\Omega _{F}\right|}}\sum _{x_{i}\in \Omega _{F}}\left({\mathcal {I_{F}}}(x_{i})-{\mathcal {I_{M}}}({T}_{\mu }(x_{i}))\right)^{2},} where I F {\displaystyle {\mathcal {I_{F}}}} is the fixed image, I M {\displaystyle {\mathcal {I_{M}}}} the moving one, Ω F {\displaystyle \Omega _{F}} the integration area | Ω F | {\displaystyle \left|\Omega _{F}\right|} the number of pi(vo)xels (cardinal) and T μ {\displaystyle {T}_{\mu }} the transformation parametrized by μ The transformation can be written as: T μ ( x ) = x + { Φ ( x ) } t { μ } . {\displaystyle T_{\mu }(x)=x+\left\{\Phi (x)\right\}^{t}\left\{\mu \right\}.} This metric is the main one used in the YaDICs as it works well with same modality images. One has to find the minimum of this metric ==== Normalized cross-correlation ==== The normalized cross-correlation (NCC) is used when one cannot assure the optical flow conservation; it happens in case of change of lighting or if particles disappear from the scene can occur in particle images velocimetry (PIV). The NCC is defined by: N C C ( μ , I F , I M ) = ∑ x i ∈ Ω F ( I F ( x i ) − I F ¯ ) ( I M ( T μ ( x i ) ) − I M ¯ ) ∑ x i ∈ Ω F ( I F ( x i ) − I F ¯ ) 2 ∑ x i ∈ Ω F ( I M ( T μ ( x i ) ) − I M ¯ ) 2 , {\displaystyle NCC(\mu ,{\mathcal {I_{F}}},{\mathcal {I_{M}}})={\dfrac {\sum _{x_{i}\in \Omega _{F}}\left({\mathcal {I_{F}}}(x_{i})-{\overline {\mathcal {I_{F}}}}\right)\left({\mathcal {I_{M}}}({T}_{\mu }(x_{i}))-{\overline {\mathcal {I_{M}}}}\right)}{\sqrt {\sum _{x_{i}\in \Omega _{F}}\left({\mathcal {I_{F}}}(x_{i})-{\overline {\mathcal {I_{F}}}}\right)^{2}\sum _{x_{i}\in \Omega _{F}}\left({\mathcal {I_{M}}}({T}_{\mu }(x_{i}))-{\overline {\mathcal {I_{M}}}}\right)^{2}}}},} where I F ¯ {\displaystyle {\overline {\mathcal {I_{F}}}}} and I M ¯ {\displaystyle {\overline {\mathcal {I_{M}}}}} are the mean values of the fixed and mobile images. This metric is only used to find local translation in Yadics. This metric with translation transform can be solved using cross-correlation methods, which are non iterative and can be accelerated using Fast Fourier Transform . === Classification of transformations === There are three categories of parametrization: elastic, global and local transformation. The elastic transformations respect the partition of unity, there are no holes created or surfaces counted several times. This is commonly used in Image Registration by the use of B-Spline functions and in solid mechanics with finite element basis. The global transformations are defined on the whole picture using rigid body or affine transformation (which is equivalent to homogeneous strain transformation). More complex transformations can be defined such as mechanically based one. These transformations have been used for stress intensity factor identification by and for rod strain by. The local transformation can be considered as the same global transformation defined on several Zone Of Interest (ZOI) of the fixed image. ==== Global ==== Several global transforms have been implemented: Rigid and homogeneous (Tx,Ty,Rz in 2D; Tx,Ty,Tz,Rx,Ry,Rz,Exx,Eyy,Ezz,Eyz,Exz,Exy in 3D) Brazilian (Only in 2D), Dynamic Flexion, ==== Elastic ==== First-order quadrangular finite elements Q4P1 are used in Yadics. ===== Local ===== Every global transform can be used on a local mesh. === Optimization === The YaDICs optimization process follows a gradient descent scheme. The first step is to compute the gradient of the metric regarding the transform parameters ∂ S S D ( μ , I F , I M ) ∂ μ = 2 | Ω F | ∑ x i ∈ Ω F ( I F ( x i ) − I M ( T μ ( x i ) ) ) ∂ I M ( T μ ( x i ) ∂ μ = 2 | Ω F | ∑ x i ∈ Ω F ( I F ( x i ) − I M ( T μ ( x i ) ) ) ( ∂ T μ ( x i ) ∂ μ ) t ∂ I M ( T μ ( x i ) ) ∂ x {\displaystyle {\begin{array}{lcl}{\dfrac {\partial SSD(\mu ,{\mathcal {I_{F}}},{\mathcal {I_{M}}})}{\partial \mu }}&=&{\dfrac {2}{\left|\Omega _{F}\right|}}\sum _{x_{i}\in \Omega _{F}}\left({\mathcal {I_{F}}}(x_{i})-{\mathcal {I_{M}}}({T}_{\mu }(x_{i}))\right){\dfrac {\partial {\mathcal {I_{M}}}({T}_{\mu }(x_{i})}{\partial \mu }}\\&=&{\dfrac {2}{\left|\Omega _{F}\right|}}\sum _{x_{i}\in \Omega _{F}}\left({\mathcal {I_{F}}}(x_{i})-{\mathcal {I_{M}}}({T}_{\mu }(x_{i}))\right)\left({\dfrac {\partial {T}_{\mu }(x_{i})}{\partial \mu }}\right)^{t}{\dfrac {\partial {\mathcal {I_{M}}}({T}_{\mu }(x_{i}))}{\partial x}}\\\end{array}}} ==== Gradient method ==== Once the metric gradient has been computed, one has to find an optimization strategy The gradient method principle is explained below: μ k + 1 = μ k + α k d k {\displaystyle \mu _{k+1}=\mu _{k}+\alpha _{k}d_{k}} The gradient step can be constant or updated at every iteration. d k = − γ k ∂ C ( μ , I F , I M ) ∂ μ {\displaystyle d_{k}=-\gamma _{k}{\dfrac {\partial {\mathcal {C}}(\mu ,{\mathcal {I_{F}}},{\mathcal {I_{M}}})}{\partial \mu }}} , γ k {\displaystyle \gamma _{k}} allows one to choose between the following methods : γ k {\displaystyle \gamma _{k}} ⟹ {\displaystyle \Longrightarrow } steepest descent, γ k = [ ∂ C ( μ , I F , I M ) ∂ μ ∂ C ( μ , I F , I M ) ∂ μ t ] − 1 {\displaystyle \gamma _{k}=\left[{\dfrac {\partial {\mathcal {C}}(\mu ,{\mathcal {I_{F}}},{\mathcal {I_{M}}})}{\partial \mu }}{\dfrac {\partial {\mathcal {C}}(\mu ,{\mathcal {I_{F}}},{\mathcal {I_{M}}})}{\partial \mu }}^{t}\right]^{-1}} ⟹ {\displaystyle \Longrightarrow } Gauss-Newto

Adobe Presenter

Adobe Presenter is eLearning software released by Adobe Systems available on the Microsoft Windows platform as a Microsoft PowerPoint plug-in, and on both Windows and OS X as the screencasting and video editing tool Adobe Presenter Video Express. It is mainly targeted towards learning professionals and trainers. In addition to recording one's computer desktop and speech, it also provides the option to add quizzes and track performance by integrating with learning management systems. Adobe Presenter was designed to replace the discontinued Adobe Ovation software, which had similar functions. == Predecessor == Adobe Ovation was originally released by Serious Magic. It converted PowerPoint slides into visual presentations with additional effects. Ovation included themes called PowerLooks that could add motion and polish the presentations. They were available in a variety of color variations complete with animated backgrounds and dynamic text effects. Ovation could make text with jagged edges more readable. TimeKeeper could be used to set the period of the presentation, and the PointPrompter scrolled down the notes. Ovation's development has been discontinued, nor does it support PowerPoint 2007. == Features == The main purpose of Adobe Presenter is to capture on-screen presentations and convert them into more interactive and engaging videos. Support is given to convert Microsoft PowerPoint 2010 and 2013 presentations into videos. It also allows for content authoring on PowerPoint and ActionScript 3, and offers integration with Adobe Captivate. Slide branching enables users to control slide navigation and titles and create complex slide branching to guide viewers through the content of the presentation. Video editing tools are also provided, and offer the ability to upload to video-sharing platforms such as YouTube, Vimeo and other sites. Multimedia features such as annotations, eLearning templates, actors, audio narration and drag-and-drop elements enrich users' presentations. Quizzes and surveys is another highlighted feature, which include generating question pools, importing questions from existing quizzes and in-course collaboration which allows presenters to receive feedback by allowing them to comment on specific content within a course or ask questions for more clarity. Presenters could opt to receive feedback from viewers through video analytics and create Experience API, SCORM and AICC-compliant content. Options to publish to Adobe Connect are provided. Other unique features include universal standards support, file size control, navigational restrictions among others.

Corel Designer

Corel DESIGNER is a vector-based graphics program. It was originally developed by Micrografx, which was bought by Corel in 2001. The last version developed by Micrografx was 9.0 in 2001. This program was later sold as Corel DESIGNER 9. There are still a number of users who continue working with version 9.0, because newer versions of the product are based on a modified CorelDRAW rather than the original product. Corel DESIGNER is effective for the creation of engineering drawings, but also offers many functions for graphic design. Starting with version X5, Corel DESIGNER Technical Suite includes Corel Designer, CorelDRAW and Corel Photo-Paint. X6 was the last release for Windows XP. == Release history and file formats ==

Data item

A data item describes an atomic state of a particular object concerning a specific property at a certain time point. A collection of data items for the same object at the same time forms an object instance (or table row). Any type of complex information can be broken down to elementary data items (atomic state). Data items are identified by object (o), property (p) and time (t), while the value (v) is a function of o, p and t: v = F(o,p,t). Values typically are represented by symbols like numbers, texts, images, sounds or videos. Values are not necessarily atomic. A value's complexity depends on the complexity of the property and time component. When looking at databases or XML files, the object is usually identified by an object name or other type of object identifier, which is part of the "data". Properties are defined as columns (table row), properties (object instance) or tags (XML). Often, time is not explicitly expressed and is an attribute applying to the complete data set. Other data collections provide time on the instance level (time series), column level, or even attribute/property level.

VistaCreate

VistaCreate (formerly Crello) is an online graphic design platform for non-designers, launched in 2016. As of 2022, it has more than 10 million users in 192 countries. == Overview == VistaCreate (then known as Crello) was launched in 2016 as a part of Depositphotos. In 2019, the product hit a milestone of 1 million registered users and also launched mobile apps. In 2020, the library of templates and objects became free. A music library and a background remover tool were added to the platform. In May 2021, Moufflons Basketball, in collaboration with VistaCreate, organized a poster design competition in support of gender equality in sports. In October 2021, Vistaprint acquired Crello and its parent company, Depositphotos, for a total price of $85 million. After the acquisition, Crello was rebranded to VistaCreate. Along with Vistaprint and 99designs, it became part of the new Vista parent brand. After Russia started a full-scale war on the territory of Ukraine in February 2022, VistaCreate suspended all business in Russia and Belarus. VistaCreate's team and Depositphotos gathered collections of images and templates dedicated to the war in Ukraine.