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Saturday, May 14, 2022

User-generated content

From Wikipedia, the free encyclopedia
 
An example of user-generated content in the virtual world Second Life

User-generated content (UGC), alternatively known as user-created content (UCC), is any form of content, such as images, videos, text, and audio, that has been posted by users on online platforms such as social media and wikis. It is a product consumers create to disseminate information about online products or the firms that market them.

User-generated content is used for a wide range of applications, including problem processing, news, entertainment, customer engagement, advertising, gossip, research and many more. It is an example of the democratization of content production and the flattening of traditional media hierarchies. The BBC adopted a user-generated content platform for its websites in 2005, and TIME Magazine named "You" as the Person of the Year in 2006, referring to the rise in the production of UGC on Web 2.0 platforms. CNN also developed a similar user-generated content platform, known as iReport. There are other examples of news channels implementing similar protocols, especially in the immediate aftermath of a catastrophe or terrorist attack. Social media users can provide key eyewitness content and information that may otherwise have been inaccessible. By 2020 businesses are increasingly leveraging UGC to promote their products, as it is seen as a cost effective and authentic way to grow a brand's image and sales. Due to new media and technology affordances, such as low cost and low barriers to entry, the Internet is an easy platform to create and dispense user-generated content, allowing the dissemination of information at a rapid pace in the wake of an event.

Definition

The advent of user-generated content marked a shift among media organizations from creating online content to providing facilities for amateurs to publish their own content. User-generated content has also been characterized as citizen media as opposed to the "packaged goods media" of the past century. Citizen Media is audience-generated feedback and news coverage. People give their reviews and share stories in the form of user-generated and user-uploaded audio and user-generated video. The former is a two-way process in contrast to the one-way distribution of the latter. Conversational or two-way media is a key characteristic of so-called Web 2.0 which encourages the publishing of one's own content and commenting on other people's content.

The role of the passive audience, therefore, has shifted since the birth of new media, and an ever-growing number of participatory users are taking advantage of the interactive opportunities, especially on the Internet to create independent content. Grassroots experimentation then generated an innovation in sounds, artists, techniques, and associations with audiences which then are being used in mainstream media. The active, participatory and creative audience is prevailing today with relatively accessible media, tools, and applications, and its culture is in turn affecting mass media corporations and global audiences.

The Organisation for Economic Co-operation and Development (OECD) has defined three central schools for UGC:

  1. Publication requirement: While user-generated content (UGC) could be made by a user and never published online or elsewhere, we focus here on the work that is published in some context, be it on a publicly accessible website or on a page on a social networking site only accessible to a select group of people (e.g., fellow university students). This is a useful way to exclude email, two-way instant messages, and the like.
  2. Creative effort: Creative effort was put into creating the work or adapting existing works to construct a new one; i.e. users must add their own value to the work. UGC often also has a collaborative element to it, as is the case with websites that users can edit collaboratively. For example, merely copying a portion of a television show and posting it to an online video website (an activity frequently seen on the UGC sites) would not be considered UGC. If a user uploads his/her photographs, however, expresses his/her thoughts in a blog or creates a new music video, this could be considered UGC. Yet the minimum amount of creative effort is hard to define and depends on the context.
  3. Creation outside of professional routines and practices: User-generated content is generally created outside of professional routines and practices. It often does not have an institutional or a commercial market context. In extreme cases, UGC may be produced by non-professionals without the expectation of profit or remuneration. Motivating factors include connecting with peers, achieving a certain level of fame, notoriety, or prestige, and the desire to express oneself.

It is important to have an objective before attempting to become part of the UGC/social networking environment. For example, companies may ask users to post their reviews directly to their Facebook page. This could end up disastrous if a user makes a comment that steers people away from the product.

Mere copy & paste or hyperlinking could also be seen as user-generated self-expression. The action of linking to a work or copying a work could in itself motivate the creator, express the taste of the person linking or copying. Digg.com, StumbleUpon.com, and leaptag.com are good examples of where such linkage to work happens. The culmination of such linkages could very well identify the tastes of a person in the community and make that person unique.

User-generated content occurs when a product's customers create and disseminate online ideas about a product or the firm that markets it. These ideas are often in the form of text but also come in other forms such as music, photos, or videos. UGC has three key characteristics: (1) The contribution is by users of a product rather than the firm that sells this product; (2) it is creative in nature and the user adds something new; (3) it is posted online and generally accessible.

Media pluralism

According to Cisco Systems, in 2016 an average of 96,000 petabytes was transferred monthly over the Internet, more than twice as many as in 2012. In 2016, the number of active websites surpassed 1 billion, up from approximately 700 million in 2012. This means the content we currently have access to is more diverse than ever before.

Reaching 1.66 billion daily active users in Q4 2019, Facebook has emerged as the most popular social media platform globally. Other social media platforms are also dominant at the regional level such as: Twitter in Japan, Naver in the Republic of Korea, Instagram (owned by Facebook) and LinkedIn (owned by Microsoft) in Africa, VKontakte (VK) and Odnoklassniki (eng. Classmates) in Russia and other countries in Central and Eastern Europe, WeChat and QQ in China.

However, a concentration phenomenon is occurring globally giving the dominance to a few online platforms that become popular for some unique features they provide, most commonly for the added privacy they offer users through disappearing messages or end-to-end encryption (e.g. WhatsApp, Snapchat, Signal, and Telegram), but they have tended to occupy niches and to facilitate the exchanges of information that remain rather invisible to larger audiences.

Production of freely accessible information has been increasing since 2012. In January 2017, Wikipedia had more than 43 million articles, almost twice as many as in January 2012. This corresponded to a progressive diversification of content and increase in contributions in languages other than English. In 2017, less than 12 percent of Wikipedia content was in English, down from 18 percent in 2012. Graham, Straumann, and Hogan say that increase in the availability and diversity of content has not radically changed the structures and processes for the production of knowledge. For example, while content on Africa has dramatically increased, a significant portion of this content has continued to be produced by contributors operating from North America and Europe, rather than from Africa itself.

History

The massive, multi-volume Oxford English Dictionary was exclusively composed of user-generated content. In 1857, Richard Chenevix Trench of the London Philological Society sought public contributions throughout the English-speaking world for the creation of the first edition of the OED. As Simon Winchester recounts:

So what we're going to do, if I have your agreement that we're going to produce such a dictionary, is that we're going to send out invitations, were going to send these invitations to every library, every school, every university, every book shop that we can identify throughout the English-speaking world... everywhere where English is spoken or read with any degree of enthusiasm, people will be invited to contribute words. And the point is, the way they do it, the way they will be asked and instructed to do it, is to read voraciously and whenever they see a word, whether it's a preposition or a sesquipedalian monster, they are to... if it interests them and if where they read it, they see it in a sentence that illustrates the way that that word is used, offers the meaning of the day to that word, then they are to write it on a slip of paper... the top left-hand side you write the word, the chosen word, the catchword, which in this case is 'twilight'. Then the quotation, the quotation illustrates the meaning of the word. And underneath it, the citation, where it came from, whether it was printed or whether it was in manuscript... and then the reference, the volume, the page and so on... and send these slips of paper, these slips are the key to the making of this dictionary, into the headquarters of the dictionary.

In the following decades, hundreds of thousands of contributions were sent to the editors.

In the 1990s several electronic bulletin board systems were based on user-generated content. Some of these systems have been converted into websites, including the film information site IMDb which started as rec.arts.movies in 1990. With the growth of the World Wide Web the focus moved to websites, several of which were based on user-generated content, including Wikipedia (2001) and Flickr (2004).

User-generated Internet video was popularized by YouTube, an online video platform founded by Chad Hurley, Jawed Karim and Steve Chen in April 2005. It enabled the video streaming of MPEG-4 AVC (H.264) user-generated content from anywhere on the World Wide Web.

The BBC set up a pilot user-generated content team in April 2005 with 3 staff. In the wake of the 7 July 2005 London bombings and the Buncefield oil depot fire, the team was made permanent and was expanded, reflecting the arrival in the mainstream of the citizen journalist. After the Buncefield disaster the BBC received over 5,000 photos from viewers. The BBC does not normally pay for content generated by its viewers.

In 2006 CNN launched CNN iReport, a project designed to bring user-generated news content to CNN. Its rival Fox News Channel launched its project to bring in user-generated news, similarly titled "uReport". This was typical of major television news organizations in 2005–2006, who realized, particularly in the wake of the London 7 July bombings, that citizen journalism could now become a significant part of broadcast news. Sky News, for example, regularly solicits for photographs and video from its viewers.

User-generated content was featured in Time magazine's 2006 Person of the Year, in which the person of the year was "you", meaning all of the people who contribute to user-generated media, including YouTube, Wikipedia and MySpace. A precursor to user-generated content uploaded on YouTube was America's Funniest Home Videos.

Motivation for creating UGC

The benefits derived from user-generated content for the content host are clear, these include a low-cost promotion, positive impact on product sales, and fresh content. However, the benefit to the contributor is less direct. There are various theories behind the motivation for contributing user-generated content, ranging from altruistic, to social, to materialistic. Due to the high value of user-generated content, many sites use incentives to encourage their generation. These incentives can be generally categorized into implicit incentives and explicit incentives. Sometimes, users are also given monetary incentives to encourage them to create captivating and inspiring UGC.

  1. Implicit incentives: These incentives are not based on anything tangible. Social incentives are the most common form of implicit incentives. These incentives allow the user to feel good as an active member of the community. These can include the relationship between users, such as Facebook's friends, or Twitter's followers. Social incentives also include the ability to connect users with others, as seen on the sites already mentioned as well as sites like YouTube, Instagram, and Twitter, which allow users to share media from their lives with others. Users also share the experiences that they have while using a particular product/service. This will improve the customer experience as they can make informed decisions in buying a product, which makes them smart buyers. Other common social incentives are status, badges, or levels within the site, something a user earns when they reach a certain level of participation which may or may not come with additional privileges. Yahoo! Answers is an example of this type of social incentive. Another social incentive is social comparison. Being aware of the user's own ranking or level among the whole community could affect the behavior as well. Social incentives cost the host site very little and can catalyze vital growth; however, their very nature requires a sizable existing community before it can function. Social incentive can also be split into identification and integration. The identification motivation has strong external standardization and internalization of behavioral goals, such as social identity, that is, users will follow some subjective norms and images to constrain and practice their behaviors. The integration has the strongest external standardization and goal internalization, and the agent often integrates its actual actions with the subjective norms of the environment, so it has the effect of self-restraint and self-realization, such as the sense of belonging. Naver Knowledge-iN is another example of this type of social incentive. It uses a point system to encourage users to answer more questions by receiving points.
  2. Explicit incentives: These incentives refer to tangible rewards. Explicit incentives can be split into externality and projection. External motivation is more inclined to economic and material incentives, such as the reward for engaging in a task, which has little internalization and lacks relevant external norms and constraints. Examples include financial payment, entry into a contest, a voucher, a coupon, or frequent traveler miles. Direct explicit incentives are easily understandable by most and have immediate value regardless of the community size; sites such as the Canadian shopping platform Wishabi and Amazon Mechanical Turk both use this type of financial incentive in slightly different ways to encourage users participation. The projective agent has some external norms, but the degree of internalization is not enough, that is, it has not been fully recognized by the actor. The drawback to explicit incentives is that they may cause the user to be subject to the overjustification effect, eventually believing the only reason for participating is for the explicit incentive. This reduces the influence of the other form of social or altruistic motivation, making it increasingly costly for the content host to retain long-term contributors.

Ranking and assessment

The distribution of UGC across the Web provides a high volume data source that is accessible for analysis, and offers utility in enhancing the experiences of end users. Social science research can benefit from having access to the opinions of a population of users, and use this data to make inferences about their traits. Applications in information technology seek to mine end user data to support and improve machine-based processes, such as information retrieval and recommendation. However, processing the high volumes of data offered by UGC necessitate the ability to automatically sort and filter these data points according to their value.

Determining the value of user contributions for assessment and ranking can be difficult due to the variation in the quality and structure of this data. The quality and structure of the data provided by UGC is application-dependent, and can include items such as tags, reviews, or comments that may or may not be accompanied by useful metadata. Additionally, the value of this data depends on the specific task for which it will be utilized and the available features of the application domain. Value can ultimately be defined and assessed according to whether the application will provide service to a crowd of humans, a single end user, or a platform designer.

The variation of data and specificity of value has resulted in various approaches and methods for assessing and ranking UGC. The performance of each method essentially depends on the features and metrics that are available for analysis. Consequently, it is critical to have an understanding of the task objective and its relation to how the data is collected, structured, and represented in order to choose the most appropriate approach to utilizing it. The methods of assessment and ranking can be categorized into two classes: human-centered and machine-centered. Methods emphasizing human-centered utility consider the ranking and assessment problem in terms of the users and their interactions with the system, whereas the machine-centered method considers the problem in terms of machine learning and computation. The various methods of assessment and ranking can be classified into one of four approaches: community-based, user-based, designer-based, and hybrid.

  • Community-based approaches rely on establishing ground truth based on the wisdom of the crowd regarding the content of interest. The assessments provided by the community of end users is utilized to directly rank content within the system in human-centered methods. The machine-centered method applies these community judgments in training algorithms to automatically assess and rank UGC.
  • User-based approaches emphasize the differences between individual users so that ranking and assessment can interactively adapt or be personalized given the particular requirements of each user. The human-centered approach accentuates interactive interfaces where the user can define and redefine their preferences as their interests shift. On the other hand, machine-centered approaches model the individual user according to explicit and implicit knowledge that is gathered through system interactions.
  • Designer-based approaches primarily use machine-centered methods to essentially maximize the diversity of content presented to users in order to avoid constraining the space of topic selections or perspectives. The diversity of content can be assessed with respect to various dimensions, such as authorship, topics, sentiments, and named entities.
  • Hybrid approaches seek to combine methods from the various frameworks in order to develop a more robust approach for assessing and ranking UGC. Approaches are most often combined in one of two ways: the crowd-based approach is often used to identify hyperlocal content for a user-based approach, or a user-based approach is used to maintain the intent of a designer-based approach.
Key concepts
  1. contribution is by users of a product rather than the firm
  2. creative in nature and adds something new
  3. posted online and generally accessible.

Types

There are many types of user-generated content: Internet forums, where people talk about different topics; blogs are services where users can post about many topics, product reviews on a supplier website or in social media; wikis such as Wikipedia and Wikia allow users, sometimes including anonymous users, to edit the content. Another type of user-generated content are social networking sites like Facebook, Instagram, Tumblr, Twitter, Snapchat, Twitch, TikTok or VK, where users interact with other people via chatting, writing messages, posting images or links, and sharing content. Media hosting sites such as YouTube allow users to post content. Some forms of user-generated content, such as a social commentary blog, can be considered as a form of citizen journalism.

Blogs

Blogs are websites created by individuals, groups, and associations. They mostly consist of journal-style text and enable interaction between a blogger and reader in the form of online comments. Self-hosted blogs can be created by professional entities such as entrepreneurs and small businesses. Blog hosting platforms include WordPress, Blogger, and Medium; Typepad is often used by media companies; Weebly is geared for online shopping. Social networking blogging platforms include Tumblr, LiveJournal, and Sina Weibo. Among the many blogs on the web, Boing Boing is a group blog with themes including technology and science fiction; HuffPost blogs include opinions on subjects such as politics, entertainment, and technology. There are also travel blogs such as Head for Points, Adventurous Kate, and an early form of The Points Guy.[31]

Websites

Entertainment social media and information sharing websites include Reddit, 9Gag, 4chan, Upworthy and Newgrounds. Sites like 9Gag allow users to create memes and quick video clips. Sites like Tech in Asia and Buzzfeed engage readers with professional communities by posting articles with user-generated comment sections. Other websites include fanfiction sites such as FanFiction.Net; imageboards; artwork communities like DeviantArt; mobile photos and video sharing sites such as Picasa and Flickr; audio social networks such as SoundCloud; crowd funding or crowdsourcing sites like Kickstarter, Indiegogo, and ArtistShare; and customer review sites such as Yelp.

After launching in the mid-2000s, major UGC-based adult websites like Pornhub, YouPorn and xHamster and became the dominant mode of consumption and distribution of pornographic content on the internet. The appearance of pornographic content on sites like Wikipedia and Tumblr led moderators and site owners to institute stricter limits on uploads.

The travel industry, in particular, has begun utilizing user-generated content to show authentic traveler experiences. Travel-related companies such as The Millennial, Gen Z, and Busabout relaunched their websites featuring UGC images and social content by their customers posted in real time. TripAdvisor includes reviews and recommendations by travelers about hotels, restaurants, and activities.

The restaurant industry has also been altered by a review system the places more emphasis on online reviews and content from peers than traditional media reviews. In 2011 Yelp contained 70% of reviews for restaurants in the Seattle area compared to Food & Wine Magazine containing less than 5 percent.

Video games

Video games can have fan-made content in the form of mods, fan patches, fan translations or server emulators. Some games come with level editor programs to aid in their creation. A few massively multiplayer online games including Star Trek Online, Dota 2, and EverQuest 2 have UGC systems integrated into the game itself. A metaverse can be a user-generated world, such as Second Life. Second Life is a 3-D virtual world which provides its users with tools to modify the game world and participate in an economy, trading user content created via online creation for virtual currency.

Advertising

A popular use of UGC involves collaboration between a brand and a user. An example is the "Elf Yourself" videos by Jib Jab that come back every year around Christmas. The Jib Jab website lets people use their photos of friends and family that they have uploaded to make a holiday video to share across the internet. You cut and paste the faces of the people in the pictures to animated dancing elves.

Some brands are also using UGC images to boost the performance of their paid social ads. For example, Toyota leveraged UGC for their "Feeling the Streets" Facebook ad campaign and were able to increase their total ad engagement by 440%.

Retailers

Some bargain hunting websites feature user-generated content, such as eBay, Dealsplus, and FatWallet which allow users to post, discuss, and control which bargains get promoted within the community. Because of the dependency of social interaction, these sites fall into the category of social commerce.

Educational

Wikipedia, a free encyclopedia, is one of the largest user-generated content databases in the world. Platforms such as YouTube have frequently been used as an instructional aide. Organizations such as the Khan Academy and the Green brothers have used the platform to upload series of videos on topics such as math, science, and history to help aid viewers master or better understand the basics. Educational podcasts have also helped in teaching through an audio platform. Personal websites and messaging systems like Yahoo Messenger have also been used to transmit user-generated educational content. There have also been web forums where users give advice to each other.

Students can also manipulate digital images or video clips to their advantage and tag them with easy to find keywords then share them to friends and family worldwide. The category of "student performance content" has risen in the form of discussion boards and chat logs. Students could write reflective journals and diaries that may help others. The websites SparkNotes and Shmoop are used to summarize and analyze books so that they are more accessible to the reader.

Photo sharing

Photo sharing websites are another popular form of UGC. Flickr is a site in which users are able to upload personal photos they have taken and label them in regards to their "motivation". Flickr not only hosts images but makes them publicly available for reuse and reuse with modification. Instagram is a social media platform that allows users to edit, upload and include location information with photos they post. Panoramio.com and Flickr use metadata, such as GPS coordinates that allows for geographic placement of images.

Video sharing

Video sharing websites are another popular form of UGC. YouTube allows users to create and upload videos.

Effect on journalism

The incorporation of user-generated content into mainstream journalism outlets is considered to have begun in 2005 with the BBC's creation of a user-generated content team, which was expanded and made permanent in the wake of the July 7, 2005 London bombings. The incorporation of Web 2.0 technologies into news websites allowed user-generated content online to move from more social platforms such as MySpace, LiveJournal, and personal blogs, into the mainstream of online journalism, in the form of comments on news articles written by professional journalists, but also through surveys, content sharing, and other forms of citizen journalism.

Since the mid-2000s, journalists and publishers have had to consider the effects that user-generated content has had on how news gets published, read, and shared. A 2016 study on publisher business models suggests that readers of online news sources value articles written both by professional journalists, as well as users—provided that those users are experts in a field relevant to the content that they create. In response to this, it is suggested that online news sites must consider themselves not only a source for articles and other types of journalism but also a platform for engagement and feedback from their communities. The ongoing engagement with a news site that is possible due to the interactive nature of user-generated content is considered a source of sustainable revenue for publishers of online journalism going forward.

Journalists are increasingly sourcing UGC from platforms, such as Facebook and TikTok, as news shifts to a digital space. This form of crowdsourcing can include using user content to support claims, using social media platforms to contact witnesses and obtain relevant images and videos for articles.

Use in marketing

The use of user-generated content has been prominent in the efforts of marketing online, especially among millennials. A good reason for this may be that 86% of consumers say authenticity is important when deciding which brands they support, and 60% believe user-generated content is not only the most authentic form of content, but also the most influential when making purchasing decisions.

An increasing number of companies have been employing UGC techniques into their marketing efforts, such as Starbucks with their "White Cup Contest" campaign where customers competed to create the best doodle on their cups.

The effectiveness of UGC in marketing has been shown to be significant as well. For instance, the "Share a Coke" by Coca-Cola campaign in which customers uploaded images of themselves with bottles to social media attributed to a two percent increase in revenue. Of millennials, UGC can influence purchase decisions up to fifty-nine percent of the time, and eighty-four percent say that UGC on company websites has at least some influence on what they buy, typically in a positive way. As a whole, consumers place peer recommendations and reviews above those of professionals.

User-generated content used in a marketing context has been known to help brands in numerous ways.

  • It encourages more engagement with its users, and doubles the likeliness that the content will be shared.
  • It builds trust with consumers. With a majority of consumers trusting UGC over brand provided information, UGC can allow for better brand-consumer relationships.
  • It provides SEO Value for brands. This in turn means more traffic is driven to the brands websites and that more content is linked back to the website.
  • It reassures purchase decisions which will keep customers shopping. With UGC, the conversion rate increases by as much as 4.6%.
  • It increases follower count on various social media platforms.
  • It helps integration with traditional marketing/promotional techniques which in turn drives more conversions for the companies.
  • It helps in increasing profit with significant reduction in costs for the company.
  • It typically low cost promotion since content given by free for firm's customers.

Opportunities

There are many opportunities in user-generated content. The advantage of UGC is that it is a quick, easy way to reach the masses. Here are some examples:

  • The companies could use social media for branding, and set up contests for the audience to submit their own creations.
  • The consumers and general audience members like to engage. Some have used a storytelling platform to both share and converse with others.
  • To raise awareness, whether it be for an organization, company, or event.
  • Reviews play a major role in a customers decision making.
  • Gain perspectives from members that one wouldn't otherwise get to engage with.
  • Personalization of the content put out; 71% of consumers like personalized ads.
  • Encouraging participation can be weakened by company claims to owning this content.

Criticism

The term "user-generated content" has received some criticism. The criticism to date has addressed issues of fairness, quality, privacy, the sustainable availability of creative work and effort among legal issues namely related to intellectual property rights such as copyrights etc.

Some commentators assert that the term "user" implies an illusory or unproductive distinction between different kinds of "publishers", with the term "users" exclusively used to characterize publishers who operate on a much smaller scale than traditional mass-media outlets or who operate for free. Such classification is said to perpetuate an unfair distinction that some argue is diminishing because of the prevalence and affordability of the means of production and publication. A better response might be to offer optional expressions that better capture the spirit and nature of such work, such as EGC, Entrepreneurial Generated Content (see external reference below).

Sometimes creative works made by individuals are lost because there are limited or no ways to precisely preserve creations when a UGC Web site service closes down. One example of such loss is the closing of the Disney massively multiplayer online game "VMK". VMK, like most games, has items that are traded from user to user. Many of these items are rare within the game. Users are able to use these items to create their own rooms, avatars and pin lanyard. This site shut down at 10 pm CDT on 21 May 2008. There are ways to preserve the essence, if not the entirety of such work through the users copying text and media to applications on their personal computers or recording live action or animated scenes using screen capture software, and then uploading elsewhere. Long before the Web, creative works were simply lost or went out of publication and disappeared from history unless individuals found ways to keep them in personal collections.

Another criticized aspect is the vast array of user-generated product and service reviews that can at times be misleading for consumer on the web. A study conducted at Cornell University found that an estimated 1 to 6 percent of positive user-generated online hotel reviews are fake.

Another concern of platforms that rely heavily on user-generated content, such as Twitter and Facebook, is how easy it is to find people who holds the same opinions and interests in addition to how well they facilitate the creation of networks or closed groups. While the strength of these services are that users can broaden their horizon by sharing their knowledge and connect with other people from around the world, these platforms also make it very easy to connect with only a restricted sample of people who holds similar opinions (see Filter bubble).

There is also criticism regarding whether or not those who contribute to a platform should be paid for their content. In 2015, A group of 18 famous content creators on Vine attempted to negotiate a deal with Vine representatives to secure a $1.2 million contract for a guaranteed 12 videos a month. This negotiation was not successful.

Legal problems

The ability for services to accept user-generated content opens up a number of legal concerns, from the broader sense to specific local laws. In general, knowing who committed the online crime is difficult because many use pseudonyms or remain anonymous. Sometimes it can be traced back. But in the case of a public coffee shop, they have no way of pinpointing the exact user. There is also a problem with the issues surrounding extremely harmful but not legal acts. For example, the posting of content that instigates a person's suicide. It is a criminal offense if there is proof of "beyond reasonable doubt" but different situations may produce different outcomes. Depending on the country, there is certain laws that come with the Web 2.0. In the United States, the "Section 230" exemptions of the Communications Decency Act state that "no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." This clause effectively provides a general immunity for websites that host user-generated content that is defamatory, deceptive or otherwise harmful, even if the operator knows that the third-party content is harmful and refuses to take it down. An exception to this general rule may exist if a website promises to take down the content and then fails to do so.

Copyright laws

Copyright laws also play a factor in relation to user-generated content, as users may use such services to upload works—particularly videos—that they do not have the sufficient rights to distribute. In many cases, the use of these materials may be covered by local "fair use" laws, especially if the use of the material submitted is transformative. Local laws also vary on who is liable for any resulting copyright infringements caused by user-generated content; in the United States, the Online Copyright Infringement Liability Limitation Act (OCILLA)—a portion of the Digital Millennium Copyright Act (DMCA), dictates safe harbor provisions for "online service providers" as defined under the act, which grants immunity from secondary liability for the copyright-infringing actions of their users, as long as they promptly remove access to allegedly infringing materials upon the receipt of a notice from a copyright holder or registered agent, and they do not have actual knowledge that their service is being used for infringing activities.

In the UK, the Defamation Act of 1996 says that if a person is not the author, editor or publisher and did not know about the situation, they are not convicted. Furthermore, ISPs are not considered authors, editors, or publishers and they cannot have responsibility for people they have no "effective control" over. Just like the DMCA, once the ISP learns about the content, they must delete it immediately. The European Union's approach is horizontal by nature, which means that civil and criminal liability issues are addressed under the Electronic Commerce Directive. Section 4 deals with liability of the ISP while conducting "mere conduit" services, caching and web hosting services.

Research

A study on YouTube analyzing one of the Video On Demand systems was conducted in 2007. The length of the video had decreased by two-fold from the non-UGC content but they saw a fast production rate. The user behavior is what perpetuates the UGC. The act of P2P (Peer-to-Peer) was studied and saw a great benefit to the system. They also studied the impact of content aliasing, sharing of multiple copies, and illegal uploads.

A study from York University in Ontario in 2012 conducted research that resulted in a proposed framework for comparing brand-related UGC and to understand how the strategy used by a company could influence the brand sentiment across different social media channels including YouTube, Twitter and Facebook. The three scholars of this study examined two clothing brands, Lulu Lemon and American Apparel. The difference between these two brands is that Lulu Lemon had a social media following while American Apparel was the complete opposite with no social media following. Unsurprisingly, Lulu Lemon had much more positive contributions compared to American Apparel which had less positive contributions. Lulu Lemon has three times the number of positive contributions, 64 percent vs 22 percent for American Apparel on Twitter while on Facebook and YouTube, they had roughly an equal number of contributions. This proves that social media can influence how a brand is perceived, usually in a more positive light. A study by Dhar and Chang, published in 2007, found that the volume of blogs posted on a music album was positively correlated with future sales of that album.

A new heat engine with no moving parts is as efficient as a steam turbine

The design could someday enable a fully decarbonized power grid, researchers say.
Engineers at MIT and the National Renewable Energy Laboratory (NREL) have designed a heat engine with no moving parts. Their new demonstrations show that it converts heat to electricity with over 40 percent efficiency — a performance better than that of traditional steam turbines.

The heat engine is a thermophotovoltaic (TPV) cell, similar to a solar panel’s photovoltaic cells, that passively captures high-energy photons from a white-hot heat source and converts them into electricity. The team’s design can generate electricity from a heat source of between 1,900 to 2,400 degrees Celsius, or up to about 4,300 degrees Fahrenheit.

The researchers plan to incorporate the TPV cell into a grid-scale thermal battery. The system would absorb excess energy from renewable sources such as the sun and store that energy in heavily insulated banks of hot graphite. When the energy is needed, such as on overcast days, TPV cells would convert the heat into electricity, and dispatch the energy to a power grid.

With the new TPV cell, the team has now successfully demonstrated the main parts of the system in separate, small-scale experiments. They are working to integrate the parts to demonstrate a fully operational system. From there, they hope to scale up the system to replace fossil-fuel-driven power plants and enable a fully decarbonized power grid, supplied entirely by renewable energy.

“Thermophotovoltaic cells were the last key step toward demonstrating that thermal batteries are a viable concept,” says Asegun Henry, the Robert N. Noyce Career Development Professor in MIT’s Department of Mechanical Engineering. “This is an absolutely critical step on the path to proliferate renewable energy and get to a fully decarbonized grid.”

Henry and his collaborators have published their results today in the journal Nature. Co-authors at MIT include Alina LaPotin, Kyle Buznitsky, Colin Kelsall, Andrew Rohskopf, and Evelyn Wang, the Ford Professor of Engineering and head of the Department of Mechanical Engineering, along with Kevin Schulte and collaborators at NREL in Golden, Colorado.

Jumping the gap

More than 90 percent of the world’s electricity comes from sources of heat such as coal, natural gas, nuclear energy, and concentrated solar energy. For a century, steam turbines have been the industrial standard for converting such heat sources into electricity.

On average, steam turbines reliably convert about 35 percent of a heat source into electricity, with about 60 percent representing the highest efficiency of any heat engine to date. But the machinery depends on moving parts that are temperature- limited. Heat sources higher than 2,000 degrees Celsius, such as Henry’s proposed thermal battery system, would be too hot for turbines.

In recent years, scientists have looked into solid-state alternatives — heat engines with no moving parts, that could potentially work efficiently at higher temperatures.

“One of the advantages of solid-state energy converters are that they can operate at higher temperatures with lower maintenance costs because they have no moving parts,” Henry says. “They just sit there and reliably generate electricity.”

Thermophotovoltaic cells offered one exploratory route toward solid-state heat engines. Much like solar cells, TPV cells could be made from semiconducting materials with a particular bandgap — the gap between a material’s valence band and its conduction band. If a photon with a high enough energy is absorbed by the material, it can kick an electron across the bandgap, where the electron can then conduct, and thereby generate electricity — doing so without moving rotors or blades.

To date, most TPV cells have only reached efficiencies of around 20 percent, with the record at 32 percent, as they have been made of relatively low-bandgap materials that convert lower-temperature, low-energy photons, and therefore convert energy less efficiently.

Catching light

In their new TPV design, Henry and his colleagues looked to capture higher-energy photons from a higher-temperature heat source, thereby converting energy more efficiently. The team’s new cell does so with higher-bandgap materials and multiple junctions, or material layers, compared with existing TPV designs.

The cell is fabricated from three main regions: a high-bandgap alloy, which sits over a slightly lower-bandgap alloy, underneath which is a mirror-like layer of gold. The first layer captures a heat source’s highest-energy photons and converts them into electricity, while lower-energy photons that pass through the first layer are captured by the second and converted to add to the generated voltage. Any photons that pass through this second layer are then reflected by the mirror, back to the heat source, rather than being absorbed as wasted heat.

The team tested the cell’s efficiency by placing it over a heat flux sensor — a device that directly measures the heat absorbed from the cell. They exposed the cell to a high-temperature lamp and concentrated the light onto the cell. They then varied the bulb’s intensity, or temperature, and observed how the cell’s power efficiency — the amount of power it produced, compared with the heat it absorbed — changed with temperature. Over a range of 1,900 to 2,400 degrees Celsius, the new TPV cell maintained an efficiency of around 40 percent.

“We can get a high efficiency over a broad range of temperatures relevant for thermal batteries,” Henry says.

The cell in the experiments is about a square centimeter. For a grid-scale thermal battery system, Henry envisions the TPV cells would have to scale up to about 10,000 square feet (about a quarter of a football field), and would operate in climate-controlled warehouses to draw power from huge banks of stored solar energy. He points out that an infrastructure exists for making large-scale photovoltaic cells, which could also be adapted to manufacture TPVs.

“There’s definitely a huge net positive here in terms of sustainability,” Henry says. “The technology is safe, environmentally benign in its life cycle, and can have a tremendous impact on abating carbon dioxide emissions from electricity production.”

This research was supported, in part, by the U.S. Department of Energy.

 

Friday, May 13, 2022

Fetal rights

From Wikipedia, the free encyclopedia

Fetal rights are the moral rights or legal rights of the human fetus under natural and civil law. The term fetal rights came into wide usage after Roe v. Wade, the 1973 landmark case that legalized abortion in the United States. The concept of fetal rights has evolved to include the issues of maternal substance use disorders, including alcohol use disorder and opioid use disorder. Most international human rights charters "clearly reject claims that human rights should attach from conception or any time before birth." While international human rights instruments lack a universal inclusion of the fetus as a person for the purposes of human rights, the fetus is granted various rights in the constitutions and civil codes of several countries.

History

In antiquity, the fetus was sometimes protected by restrictions on abortion. Some versions of the Hippocratic Oath indirectly protected the fetus by prohibiting abortifacients. Until approximately the mid-19th century, philosophical views on the fetus were influenced in part by Aristotelian concept of delayed hominization. According to it, human fetuses only gradually acquire their souls, and in the early stages of pregnancy the fetus is not fully human. Relying on examinations of miscarried fetuses, Aristotle believed that male fetuses acquire their basic form at around day 40, and female ones at day 90. For Pythagoreans, however, fetal life was co-equal in moral worth with adult human life from the moment of conception; similar views were held by Stoics. Ancient Athenian law did not recognise fetal right to life before the ritual acknowledgement of the child. The law, however, allowed for the postponement of the execution of sentenced pregnant women until a baby was delivered.

Several Hindu texts on ethics and righteousness, such as Dharmaśāstra, give fetus a right to life from conception, although in practice such texts are not always followed.

The property law of the Roman Empire granted fetus inheritance rights. As long as the fetus was conceived before the testator's death (usually, the father) and then born alive, their inheritance rights were equal to those born before the testator's death. Even though under Roman law the fetus was not a legal subject, it was a potential person whose property rights were protected after birth. Roman jurist Ulpian noted that "in the Law of the Twelve Tables he who was in the womb is admitted to the legitimate succession, if he has been born". Another jurist Julius Paulus Prudentissimus similarly noted, that "the ancients provided for the free unborn child in such a way that they preserved for it all legal rights intact until the time of birth". The inheritance rights of the fetus were means of fulfilling the testator's will. The interests of the fetus could be protected by a custodian, usually a male relative, but in some cases a woman herself could be appointed the custodian. The Digest granted the fetus consanguinity rights, vesting the protection of fetal interests in the praetor. The Digest also prohibited the execution of pregnant women until delivery. The Roman law also envisaged that if a slave mother had been free for any period between the time of the conception and childbirth, the child would be regarded as born free. Although the mother might have become slave again before the childbirth, it was considered that the unborn should not be prejudiced by the mother's misfortune. At the same time, Greek and Roman sources do not mention issues of alcohol consumption by pregnant women. On that basis it is believed that Greeks and Romans were not aware of the fetal alcohol syndrome.

A baby holding the "Petition of the Unborn Babes", 18th century illustration.

After the spread of Christianity, an issue emerged: whether it was permissible for a pregnant woman to be baptised before childbirth, due to uncertainty as to whether the fetus would be cobaptised with its mother. The Synod of Neo-Caesarea decided that the baptism of a pregnant woman in any stage of gestation did not include the fetus. In the Middle Ages, fetal rights were closely associated with the concept of ensoulment. In some cases the fetus could also inherit or be in the order of succession. In the Byzantine Empire, a fetus was regarded as a natural person and could inherit alongside blood descendants and slaves. Byzantine Emperor Michael VIII Palaiologos allowed soldiers to transfer their pronoiai to their unborn children. The unborn royals were increasingly granted the right to succession. In 1284, King of Scotland Alexander III designated his future unborn children as heirs presumptive by the act of parliament to avoid potential squabbles among loyal descendants of his lineage. The 1315 entail of Scottish king Robert the Bruce allowed the unborn collateral individuals to be in line for the throne beyond his brother Edward and daughter Marjorie Bruce. After the death of Albert II of Germany in 1439, his then-unborn son Ladislaus the Posthumous inherited his father's sovereign rights. In 1536, the British Parliament gave the unborn children of Henry VIII and Jane Seymour precedence in the line of royal succession. The medieval distinction between the ensouled and the unensouled fetus was removed after Pope Pius IX decreed in 1854 that the ensoulment of Virgin Mary occurred at conception.

In 1751, a pamphlet "The Petition of the Unborn Babes to the Censors of the Royal College of Physicians of London" by physician Frank Nicholls was published, advocating fetal right to life and protection. The pamphlet anticipated many of the arguments of the 21st century's pro-life movement. In 1762, English jurist and judge William Blackstone wrote that an "infant in its mother's womb" could benefit from a legacy and receive an estate as if it were actually bom. The fetus was thus considered a person for purposes of inheritance. Similarly to the Roman law, the Napoleonic Code envisaged that if a woman becomes a widow, a male guardian should be appointed for her unborn child.

In the 20th century and particularly after World War II fetal rights issues continued to develop. In 1948, the Declaration of Geneva was adopted which prior to amendments in 1983 and 2005, advised physicians to "maintain the utmost respect for human life from the time of its conception". In 1967, American Bar Association Journal noted "the modern trend of legal decisions that grant every property and personal right to the unborn child, including the right to life itself, from conception on". In 1975, while interpreting the right to life under the Basic Law of Germany, the Federal Constitutional Court opined that "life in the sense of historical existence of a human individual" exists "at least from the 14th day after conception (nidation, individuation)" and thus everyone's right to life under the Basic Law of Germany includes the unborn as human beings. The 1980s witnessed the reappearance of fetal protection in the workplace, aimed at guarding fetal health in potentially hazardous working conditions. In 1983, Ireland was one of the first countries in the world to constitutionalize a fetal right to life by passing the Eighth Amendment to the Constitution, later repealed in September 2018.

Modern regulations

The only modern international treaty specifically tackling the fetal rights is the American Convention on Human Rights which envisages the fetal right to life from the moment of conception. The convention was ratified by twenty five countries of the Americas (two countries later denounced the convention leading the current number of ratifiers to be twenty three) in 1973–1993. Mexico ratified the convention with the reservation that the expression "in general" concerning the fetal right to life does not constitute an obligation and that this matter falls within the domain of the states. While the convention may be interpreted to permit domestic abortion laws in exceptional circumstances, it effectively declares the fetus a person. However, only a minority of state ratifiers completely prohibit abortion without allowing for an exception when the pregnant woman's life is in danger (Dominican Republic, El Salvador and Nicaragua).

Based on the 1959 Declaration of the Rights of the Child, preambular paragraph 9 of the Convention on the Rights of the Child (CRC) states that "the child... needs... appropriate legal protection before as well as after birth", but due to ambiguity the legal protection of the fetus conflicts with the rights of a pregnant girl under the same Convention. Such conflict is sometimes called maternal-fetal conflict. Under CRC, the rights of a pregnant girl are interpreted as superseding those of her fetus. The states retain the power to decide for themselves what prenatal legal protection they would adopt under CRC. A proposal to grant fetus the right to life from conception was put forward by Belgium, Brazil, El Salvador, Mexico and Morocco during drafting of the International Covenant on Civil and Political Rights (ICCPR), but it was rejected in favor of less stringent wording. At the same time, ICCPR prohibits the execution of pregnant women.

The World Medical Association Declaration on Therapeutic Abortion notes that "circumstances bringing the interests of a mother into conflict with the interests of her unborn child create a dilemma and raise the question as to whether or not the pregnancy should be deliberately terminated". The Dublin Declaration on Maternal Health, signed in 2012, prioritizes fetal right to life by noting that "there is a fundamental difference between abortion, and necessary medical treatments that are carried out to save the life of the mother, even if such treatment results in the loss of life of her unborn child". Several organizations, such as World Health Organization (WHO) and Human Rights Watch prioritize women's reproductive rights over fetal rights.

Under European law, a fetus is generally regarded as an in utero part of the mother and thus its rights are held by the mother. The European Court of Human Rights opined that the right to life does not extend to fetuses under Article 2 of the European Convention on Human Rights (ECHR). In H. v. Norway, the European Commission did not exclude that "in certain circumstances" the fetus may enjoy "a certain protection under Article 2, first sentence". Two European Union member states (Hungary and Slovakia) grant the fetus the constitutional right to life. The Constitution of Norway grants the unborn royal children the right of succession to the throne. In English common law, fetus is granted inheritance rights under the born alive rule.

Islamic law grants the fetus the right to life particularly after ensoulment, which according to various Islamic jurists happens after 40–42 days or four months after conception (some Shiite jurists believe the ensoulment occurs after 11 to 14 days, during the implantation of the fertilized egg in the uterine wall). Both the Sunni and Shiite jurists accord the fetus inheritance rights under two conditions: if a man dies and a pregnant wife survives him, the fetal right to inherit is secure and the inheritance cannot be disposed of before the fetus' share is set aside. Under the second condition, if a woman aborts the fetus at any stage and ignores any vital signs, the fetus is entitled to the inheritance of any legitimate legator who dies after its conception.

The legal debate on fetal rights sometimes invokes the notion of fetal viability. Its primary determinant is fetal lung capacity which typically develops at twenty-three to twenty-four weeks. The twenty-three weeks is usually regarded as the lower bound of fetal viability because technology has been unable to surpass the limit set by lung development. It was nonetheless stated that technology has made it possible to regard the fetus as a patient independent of the mother. In Winnipeg Child and Family Services v. G., the judges argued that "technologies like real-time ultrasound, fetal heart monitors and foetoscopy can clearly show us that the fetus is alive" and thus the born alive rule is "outdated and indefensible".

The creation of human embryos for all research purposes is prohibited by the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine. However, similarly to the abortion debate, in the normative debate on embryo research two views can be distinguished: a "fetalist" view focusing on the moral value of the embryo, and a "feminist" view advocating the interests of women, particularly candidate oocyte donors.

Fetal rights by country

Country Constitutional protection of fetal rights Recognition of personhood
 Canada No
No
223. When child becomes human being
A child becomes a human being within the meaning of this Act when it has completely proceeded, in a living state, from the body of its mother , whether or not:
(a) it has breathed;
(b) it has an independent circulation; or
(c) the navel string is severed.
 Chile Yes
Article 19
The Constitution guarantees all persons:

1.The right to life and to the physical and mental integrity of the person.

The law protects the life of the unborn.
Yes
 Dominican Republic Yes
Article 37
The right to life is inviolable from conception until death. The death penalty may not be established, pronounced, nor applied in any case.
Yes
 Ecuador Yes
Article 45
Children and adolescents shall enjoy the rights that are common to all human beings, in addition to those that are specific to their age. The State shall recognize and guarantee life, including care and protection from the time of conception.
Yes
 El Salvador Yes
Article 1
El Salvador recognizes the human person as the origin and the end of the activity of the State, which is organized to attain justice, judicial security, and the common good.
In that same manner, it recognizes as a human person every human being since the moment of conception.
Yes
 Guatemala Yes
Article 3
The State guarantees and protects the human life from its conception, as well as the integrity and security of the person.
Yes
 Hungary Yes
Article 2
Human dignity shall be inviolable. Every human being shall have the right to life and human dignity; the life of the foetus shall be protected from the moment of conception.
Yes
 Honduras Yes
Article 67
The unborn shall be considered as born for all rights accorded within the limits established by law.
Yes
 Madagascar Yes
Article 19
The State recognizes and organizes for all individuals the right to the protection of health from their conception through the organization of free public health care, which gratuitousness results from the capacity of the national solidarity.
Yes
 Peru Yes
Article 2.
To life, his identity, his moral, psychical, and physical integrity, and his free development and well-being. The unborn child is a rights-bearing subject in all cases that benefit him.
Yes
 Brazil No
Yes
Article 2. 
The civil personality of the person starts in the birth with the life, but the law safeguard, since the conception, the rights of the unborn.

 Philippines Yes
Section 12
The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception.
Yes
 Slovakia Yes
Article 15
1. Everyone has the right to life. Human life is worthy of protection already before birth.
Yes
 Solomon Islands No
Yes

Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominica, Ecuador, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Dominican Republic, Suriname, Trinidad and Tobago (denounced), Uruguay and Venezuela (denounced).
 

The Eighth Amendment of the Constitution of Ireland gave "the unborn" a right to life equal to that of "the mother". In 2018, the Supreme Court ruled that the fetus' only inherent constitutionally protected right is the right to be born, overturning a High Court ruling that a fetus additionally possessed the children's rights guaranteed by Article 42A of the Constitution. On 25 May 2018, a referendum was passed which amended the Constitution by the substitution of the former provision recognising the right to life of the unborn, with one permitting the Oireachtas, the Irish Parliament, to legislate for the termination of pregnancies. This amendment took effect when it was signed into law by the President of Ireland on 18 September 2018, and abortion was governed by the Protection of Life During Pregnancy Act 2013 until it was replaced and repealed by the Health (Regulation of Termination of Pregnancy) Act 2018, which took effect on 1 January 2019.

In the United States, as of 2014, thirty-eight states provide certain level of criminal protection for the unborn, and twenty-three of these states have laws that protect the fetus from conception until birth. All US states–by statute, court rule or case law–permit a guardian ad litem to represent the interests of the unborn. In 1999, the Unborn Victims of Violence Act was introduced into United States Congress which defines violent assault committed against pregnant women as being a crime against two victims: the woman and the fetus she carries. This law was passed in 2004 after the murder of Laci Peterson and the fetus she was carrying. In 2002, U.S. President George W. Bush announced a plan to ensure health care coverage for fetuses under the State Children's Health Insurance Program (SCHIP).

The civil codes of several countries, such as China (including Hong Kong and Macau) and Russia, as well as some US states, grant fetus inheritance rights, usually under the born alive rule. In the civil code of Iran, fetus can inherit in case of abortion that took place due to a crime, as long as the fetus was alive even for a second after birth. Under the civil code of Japan, for the purposes of inheritance the fetus is deemed to have already been born. The civil codes of the Philippines and Spain envisage that donations to the unborn children can be made and accepted by "persons who would legally represent them if they were already born". The same is allowed by the Malikis.

Alongside Norway, the Constitution of Bhutan grants the unborn royal children the right to succession, but only if there is no male heir.

Behavioral intervention

Various initiatives, prompted by concern for the ill effects which might be posed to the health or development of a fetus, seek to restrict or discourage women from engaging in certain behaviors while pregnant. Also, in some countries, laws have been passed to restrict the practice of abortion based upon the gender of the fetus.

Classical radicalism

From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Cla...