Financing strategies for adaptation. Presentation for CANCC
Conversa advogado english attained to sandro suzart cpf 051 812 955 17
1. Conversa Advogado
Há empresa
, I am inter connecting a system of dynamitization of third person public investment of
sistematization of rounded public reform.As a starting initiative, acting worldwidely since 2013
in Salvador,and in São Paulo fostering an urban planing conection of auto initiative, a public
form of multi-lateral proposing basis that since may of that year promoted an open-system of
social urban re-structurization that ended up re-urbanizing a system,cuturaly,of
USD 264,770,000,000; officialy: http://cidadeaberta.org.br/proposta-de-substitutivo-do-plano-
diretor-estrategico/. (the proposal)
http://www.prefeitura.sp.gov.br/cidade/secretarias/desenvolvimento_urbano/legislacao/plano
_diretor/index.php .
http://www.prefeitura.sp.gov.br/cidade/secretarias/upload/chamadas/lei_13430_1407187409_
1426011333.pdf (the act.)
This is the first business that I made;I'm now working in Germany,Poland,Bangladesh,Romany.
I need USD 4 billion in investments in my system of dinamitization of public
infraestructure of distribution of political endeavor for labs of sectorial investment in and with
public sector for social investment as public construction police.
Government leaders know that business often makes a social investment.a company may
want to provide financial assistance for community development while making a profit, rate
incentives could increase, programs are supported by state tax laws that encourage
2. private-sector participation in the re-development of low-income neighborhoods the programs
vary in different states, but most of the projects eligible for neighborhood assistance tax credits
working on,for example, slum renewal and planned communities that take account of human
needs.
Overview of my market place:
*In 2012, the Department of Development, Economic, Science and Technology has created
initiatives, redirected other existing, proposed new laws and adopted pro-active stance. These
actions encompass all areas related to development such as training of qualified human
resources, technological support, coordination with companies and other government agencies,
among others. Through strategic actions coordinates, the Secretariat laid the foundations for a
better and more comprehensive sustainable development of the State of São Paulo.
* The Polish Ministry of Administration and Digitisation has initiated discussion on the law
providing free access to public resources.The Ministry has made available on its webpage a
document entitled “Draft Guidelines for the Proposal of the Act on Open Public Resources” and
has invited interested parties to comment. Thus a process of “open access by law” has begun. It
has been long thought that public resources of various kinds should be, when possible, made
available on the internet for free along the motto: what has been paid for by public money is
public property. Usually such initiatives have been voluntary and have thus relied on either good
will or political pressure. Now, however, the Ministry proposes legislation that would make
opening public resources mandatory and would also regulate a lot of detailed issues related to
making content open and available for all.
3. The Draft Guidelines are but a start, nevertheless one must say that it is quite difficult to predict
how this will all turn out. To begin with, as the title reveals what has been now sent to the public
is not a draft law, but just a premise (groundwork) for such an act. The 22 pages long document
(but the actual proposal takes 16 pages) is, at least in its present state, more of a declaration of
intentions than a concrete proposal. This is of course on one hand understandable, but on the
other exemplifies serious difficulties in giving shape to generally applauded ideas. As the Polish
attempt seems to be one of the first of its kind, certainly in the EU, insight from other countries
could perhaps help to make it better and consequently to have a model law for the rest, which
could be at least worth considering.
Being aware of the complexity of the problem cannot unfortunately fully justify the fact that this
first step (i.e. the “Draft Guidelines”) is a disappointment. To understand why it would be
perhaps best to summarise the ideas the Polish government is currently contemplating,
especially because I have not been able to find the English version of the proposal. The
document begins with highlighting the importance of public resources as the source of
information and knowledge and praising the benefits of open access. Some examples are also
provided, but it is nothing new and not worth repeating. What seems to be much more relevant
is what specific legal solutions the Ministry puts forward to help realise the open access dream.
The proposal stresses that public resources are not identical with “public sector information”, as
they are rarely closely connected to the exercise of power. Access to public sector information is
justified by the need to make public bodies and their operations transparent for citizens and
enable the controlling function of democracy. Public resources on their part comprise cultural,
scientific and educational content. It is certainly correct to notice that the current legal
instruments related to the access to public information do not suffice to guarantee such access
to all public resources, for example because public resources are very often protected by
intellectual property rights (especially copyright). The Ministry explicitly states as its intention to
provide a regulation for public resources modelled on the legislation concerning the access to
and reuse of public information (Law on access to public information of 2001, Directive on the
re-use of public sector information), which would mean the general obligation to make public
resources available on request. The proposed legislation should create a framework for
acquiring rights so that public resources could be made available to the public and for making
them available (e.g. license contracts), while at the same time preserving adequate flexibility for
public bodies to choose specific tools (e.g. the way IP rights are to be acquired). We are now on
page 6 of the document and the level of generality hardly allows for any reasonable comments.
4. In p. II the Ministry names the goals of the proposed legislation: These are:
(a) realising the potential for development in publicly financed resources;
(b) differentiating public resources from public sector information and thus eliminating legal
uncertainty (quite difficult to understand as since there is no legal concept of open public
resources at present no legal uncertainty in differentiating these two concepts can exist. It can
come to being when such differentiation starts to have legal consequences, i.e. after the law has
come into force);
(c) maximising the availability of public resources (hard to argue with);
(d) making the conditions of making available public domain works more precise (unclear) and
introducing rules on making available the protected subject-mattered created with public funds;
(e) making possible for public bodies to draft clear conditions of using the resources they control
(why a law is necessary for that has not been explained); and
(f) introducing regulations making it impossible to restrict access to currently free resources (i.e.
‘reclaiming’ the public domain).
It is thought reaching these goals is indispensible to achieve the other set of objectives, namely
the ones described in the government strategy “Poland 2030” and the “Development
Challenges: Poland 2020”). The new law should inter alia increase the efficiency and
5. innovativeness of scientific research, create new innovative products based on public resources,
equalise educational chances due to easier access to knowledge, serve as a catalyst for social
activities using publicly available resources and creating non-commercial solutions.
The law (and, it seems, the obligation to open resources) should apply to all entities possessing
public resources, however the more precise legal definition should refer to the public
procurement law. This means the scope of application of the new rules would be quite
extensive. As to the subject-matter it is perhaps best to translate faithfully: “The proposed law
will regulate the principles of acquiring, making available and re-using public resources,
understood as end content, created by the obligated entity [the ‘obligated entity’ is the term
used to designate public bodies covered by the proposed legislation] or funded with public
means, regardless of the way of its creation or fixation, possessing cultural, scientific or
educational value, in particular maps and plans, photographs, films and microfilms, audio and
video recordings, opinions, analysis, reports and other works and subject-matter of related
rights in the meaning of the law of 1994 on copyright and related rights, as well as databases in
the meaning of the law of 2001 on the legal protection of databases.” This will not, however,
include confidential or secret information and such protected subject-matter in which the public
bodies have no rights allowing to make it available in open resources.
The law should provide for standard rules concerning the acquiring of rights and making the
resources available, but it should also give to public bodies the right to depart from those rules,
when the public interest so requires. As regards the problem of acquiring rights the law will
introduce two options: acquiring all the rights or acquiring a share in the relevant right. The
latter option is of limited avlue because as the co-owner the public body would not be
authorised to make the work available without other co-owners’ consent. The problem with
acquiring the totality of rights is that it is hardly possible according to the Polish law currently in
force. For example the Polish law prohibits copyright assignment with regard to future fields of
exploitation. Here, it seems, the law would like to make an exception: it will be obligatory for
the rightholders to transfer copyright with respect to the new fields of exploitation to the public
body without additional remuneration.
6. Probably because the transfer of copyright would negatively affect the author (he/she would
cease to be the righholder), the Ministry proposes that the author should have more rights than
the average user. If the work is made available without any restrictions, such special rules are
not needed, if however there are restrictions, the author is to be granted a license of a wider
scope (a sort of grant-back, it seems, no further details have been mentioned). The author, even
though now just a holder of a non-exclusive license, would be also allowed to sue infringers
(only an exclusive licensee can do so under the current law). What would be the scope of this
exceptional remedy the draft does not explain. The acquisition of shares in copyright has been
probably envisaged for cases where the public body has made only a part of the financial
contribution. Nevertheless, as already mentioned, a share in copyright does not allow making
the work available without the other co-owners’ consent. In passing the draft mentions the
proposed law will also deal with the problem of licensing contracts, namely that the assignment
of copyright renders the license ineffective (since the licensor is no longer the owner of
copyright). Interestingly, the draft does not apparently intend to amend the law, but seeks to
have the provision on the contract of lease applied by analogy (!). It is not the only place in the
document when one asks oneself whether any trained lawyer had actually read it before it was
posted online.
As far as the making available part is concerned the law will make it mandatory for public bodies
creating public resources or financing their creation to acquire rights allowing them to make the
resources available, copy and modify (this will probably include derivative works). There will be
4 degrees of openness. In other words, the public body under obligation to make its resources
available should be able to choose one of 4 models (options):
(a) The basic option – making the resources available without granting any further exploitation
rights. I am afraid it is not entirely clear – perhaps it means there will be no licenses for users, so
that users would have to rely on copyright exceptions.
7. (b) The intermediate option – a license with restrictions, e.g. prohibiting commercial use,
excluding derivative works, territorial limitations, etc.
(c) The full option – license without restrictions, allowing all use, sublicensing, modifying, etc.
(d) “Embargo” – making resources open after a certain period of time, for example allowing for
commercial exploitation (such as publishing in a journal). The embargo period should not exceed
12 months after publication or 20 months from submitting the work for publication. “Embargo”
would be only allowed in justified cases, i.e. should be treated as an exception, however it is
also noted that in some cases it may be necessary, as otherwise private parties could be
reluctant to cooperate with public bodies.
Public resources should not only be made available – they should be also kept up to date.
Public resources protected by IP rights (esp. copyright) will be made available under license
contracts, other resources under ‘normal’ civil law contracts. The public body will be considered
an ‘offerer” and the terms of conditions would have to conform to regulations on unfair
contract terms. However, it is also proposed that the detailed templates of licensing contracts
should be introduced by a regulation issued by the Council of Ministers.
The proposal deals not only with the legal side of the making available process, but also with its
technical and functional aspects. It is recommended that all public resources should be made
available in a central repository and in other repositories but in the latter case they should
employ technical standards allowing for their ‘federation’ with the central repository and with
European systems (such as EUROPEANA or DRIVER). Metadata must be used, indicating authors,
8. type of license, origin of the work. No further details have been provided.
The public bodies will be obligated to designate resources protected by copyright. If there is no
such mark, the resource will be considered an official document or material in the meaning of
art. 4 of the Polish Copyright Act, or subject-matter not protected by copyright. In Poland official
documents and materials are excluded from copyright protection. It is I think impossible for this
idea to become law, because it would mean that copyright works could be excluded from
copyright protection due to deliberate or negligent omission by a public body (failure to mark
correctly the copyright status of a work).The public body will have to clearly define the terms
and conditions of making its resources available.
As to the problem of fees, the draft states that public bodies will have a ‘certain’ leeway in
determining the conditions (including remuneration) of re-use for commercial purposes. They
will be also allowed to introduce some restrictions such as the obligation to indicate source, to
make the recourses further available to other users in an unchanged form, to indicate the scope
of modifications, to prohibit modifications, to regulate the scope of liability of the public body.
The proposal does not offer any details as to how and to what extent such restrictions should be
allowed.
Finally, in p. III.6 the draft lists the general principles/guidelines of making public resources
available: the principles of openness, availability, quality, usefulness, non-discrimination,
transparency and non-exclusivity, while acknowledging that they cannot be always fully
implemented.
9. What seems interesting is that when naming laws/statutes that should be amended by the new
proposed legislation the draft fails to mention the Copyright Act, or any other laws concerning
intellectual property for that matter. The period for public bodies to adjust to the requirements
of the new law should be 12 months.
Although the above described proposals are only the beginning of discussion (of course this is a
short summary, but I believe, including all the most important elements) their fuzziness should
not be overlooked. If you would like to get a clearer picture of what is intended here you would
probably end up with something like this: the law will generally obligate to make public
resources publicly available, but does not really define what these public resources are. Public
bodies should always acquire IP rights necessary to make protected subject-matter available
online, but how this will look like in practise is difficult to tell and may cause quite substantial
costs for the state (public bodies). What is public should be made publicly available, but there
are to be degrees of openness and binding contract templates. There may be fees, but only in
certain cases. In between one may find rather controversial solutions concerning intellectual
property, but no IP legal acts are to be amended.
The consultation period ends on the 5th of February 2013. Since the document was made
available on December 21, 2012 this is a very short time, especially considering the vagueness
and “openness” of the draft proposal (here not necessarily a welcome trait). Now there are
probably many more questions than answers.
10. I need in this investment:
* repository of case-related data leggaly oriented.
* Legal Inteligence
* Geographic data of local media.
* Research Team
* Real Time Research
* Email Extractor
* Community sharing information system
* International law firm
The Operation:
11. A sophisticated and unified treatment of the economic, political, legal, and administrative
elements of public finance is needed. Unification would represent a tradition , but for moderns
sophistication can be attained only by rethinking old problems and using new techniques.Much
of contemporary public finance can be described as being in character, In the former, fiscal
phenomena arise through complex processes of exchange; in the latter, they arise through acts
of choice by some maximizing agent.a trend towards contracting being used to further an
organization’s mission. Contracting is a strategic management tool, not just a technique to
achieve better products or services in the short term. Strategic contracting sets contracting right
at the centre of any government’s public management strategy. This means that top executives
in the public sector must be aware of contracting as a phenomenon,
contracting may be used to boost activity in the private sector. For industrial policy reasons,
governments may wish to encourage growth in a certain kind of sector or among certain groups
of companies. Using contracting to allow private companies to win more
contracts is a well-known technique for governments. Some companies or industries become
almost dependent on the willingness of governments to contract for services and products. The
American defence industry is a well-known example of this. Many of the
big weapons and aircraft companies receive much of their income from the US Defence
Department. Likewise with NASA which depended on many organizations that work chiefly for
them. In Europe and the Asia-Pacific area there is less dependence between
governments and whole industries although there are examples of long-term contracts in both
areas.
Contracting may be used strategically to further certain sectors in a country. For many years
the Danish public sector has toyed with the idea of exporting welfare systems. The idea is that if
Denmark is a leading nation in welfare states systems, then other countries could benefit.
Contracting out is going to help Danish firms in establishing reputations and gaining knowledge
as world-class providers, and this asset may be marketed in other countries. The Falck company
which runs most of the country’s ambulances and extinquishes fires is a case in point. Falck laid
12. the foundations for their later international strategy by being a key provider to Danish local
government.I need repository of case-related data leggaly oriented to analyze business by
business this markek causal happenings,
for example:
Case and analyses:
-Contracting out for railway services.
During the last days of December 2001, the Danish Minister for Transport made a
decision to award a contract for railway services to the Danish subsidiary of the Britishowned
company Arriva. The railway routes were in parts of Jutland, the peninsular of
Denmark. The Danish railway system had been mostly run by the public enterprise
Danish State Railways (Danske Stats Baner) (DSB). The exceptions were small local
railways that were run by private providers on contract with local governments. The most
13. used railway tracks had been state-run for over a century.
The government had changed in November 2001. A Liberal-Conservative government
had taken over from a Social Democrat government. The previous Social Democrat
Minister for Transport had been sceptical of privatization and contracting out. The
incoming Minister for Transport from the Conservative Party was generally in favour of
privatization and contracting out. The stakes were that if private providers were not
allowed to run railway services this time around, few doubted that private providers
would ever gain entry into the market, and that DSB would be the sole player on the
market for years to come. The decision was therefore anticipated with excitement.
The decision to award the contract to Arriva came as a surprise to many, not least the
public enterprise DSB. DSB had undergone a long-term efficiency strategy since the
early 1990s where it had made huge efficiency gains and cut down costs. DSB had
prepared carefully for making an efficient bid to win the contract. DSB submitted the
14. cheapest bid, and had the track record for running railways. DSB was therefore very
surprised when it turned out that the contract was awarded to Arriva. Arriva was
pleasantly surprised of course. The company has already been responsible for the
operation of buses in the Greater Copenhagen area since the 1990s.
DSB submitted an enquiry to the Minister for transport. DSB first refused to accept
that the public enterprise had lost the contract. The Managing Director of DSB said that
DSB knew the route inside out and knew how much it would cost to run the service
efficiently and well. The chairman of the Board and the Director arranged a meeting with
the Minister, but little was resolved at the meeting. The Minister for Transport remained
steadfast in his decision. The reason for turning down DSB’s offer was that it was judged
to be unrealistically cheap. In short, the Minister did not believe that DSB’s calculation of
costs was possible to implement. Arriva, on the other hand, was pleased to be the
15. provider of train services in addition to the bus services it was already responsible for.
Media reports announcing throughout January 2001 that Arriva’s poor running of
selected services in Britain had led to fines did not seem to affect Arriva’s standing in
Denmark. Arriva was now going to be a bigger company with a much larger portfolio
in Denmark, and would use that to make further expansion plans.
To the efficiency of the lab of sectorial investment in for example Poland,I need a legal
intelligence system to dynamize the public construction police,do the evaluation of legislation
involves comparing the real world effects of a preference structure imposed by legislation
against an external preference structure, imposed by so called norms of analysis. This is what
allows choice between alternative codifications of political goals.Also that – judged against the
norms of analysis – two very different legislative solutions, for instance taxing and prohibiting,
can achieve the same policy goals because of complex interactions between legal norms and
presumed non-legal preferences of the addressee of legislation. In both cases, the solution to
this problem requires using legal and non-legal preference structures in a single decision
problem,as a system it must present a methods of construction of information-retrieval thesauri
(informationretrieval context, analysis of terminology, terminology-based concepts, a small set
of relation types) performance figures estimate not only the quality of the automatic
categorization but also the quality of the manual categorization, its inconsistency and low recall.
The concept-based approach to representation of categories allows to demonstrate these
problems to the company who began to seek ways to improve the situation.
The inteligence of the company and it's legal and paralegal aparatus must also computes a
system of multilateral demand from basical groups and unstructured ones to reach one of it's
means and goals that is distribute political endeavors, for it a accurate and real time system of
learning of local media also a system of communication that might distribute unstructurally and
16. structurally structural media in the space that is been worked tieing and neting campuses of
infomative circulation that act as free circulatory entity of the demands that has been and might
be stucturalized.
The value of gross in Poland for example is estimated to USD 105,2 billion a year; in Romany
USD 28,44 billion ;in São Paulo USD 264,77 billion.
Real time research must be placed to determine the meaning of conventions when questions of
application are raised in the reports that ratifying governments must submit periodically on
national law and practices examining in greater depth a particular convention or group of
conventions, which has been determined by observations dealing with governments and
country-level compliance, engaging in surveillance considering information received from
sources other than governments examining discrimination in the absence of statistics on the size
of the labor force, its composition (by sex, age, and race), and wages by gender,this requires
knowledge of their content and the institutional frameworks in which they operate.