El presente artículo se centra en el concepto de no-dualidad en las sabidurías orientales. En primer lugar, se expondrán y comentarán sus definiciones y su relevancia en el pensamiento y la filosofía oriental. Tras analizar los diferentes significados de no-dualidad propuestos por Loy, se trazará su origen en el taoísmo, budismo, zen, hinduismo y vedanta advaita. Además, se examinarán los principales textos de las sabidurías orientales mencionadas anteriormente para encontrar posibles afirmaciones no-duales.

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 30.3 (2000) 90-104 [Access article in PDF] After Death Jonathan Strauss According to Philippe Ariès, the nineteenth century was a turning point in the history of death. On the one hand there emerged a new sense of the irreplaceability of individual people, of the finality of death and the immeasurable preciousness of a single life. On the other hand death, that which followed one's demise, became conceptually more (...) austere. For the first time since antiquity, perhaps ever, the belief that death is pure negativity or nothingness asserted itself with enough success to become a generally accepted cultural attitude. 1 This image of sheer nonexistence, this death stripped down to its ontological minimum, is the most extreme form of mortality that has arisen in the history of the West, the hardest perhaps to take, the most naked. In ways that could not have occurred before, these two developments in the history of death have worked with and against each other to create a new understanding of subjectivity, a set of theorizations about human individuality that, for all their diversity of detail, are bound together by a certain historical determinacy. Hegel's views on the relation between mortality and subjectivity, for instance, like Heidegger's or Blanchot's, have no precedent, but they do have endless repercussions. Whatever their causes, the newness and the effectiveness of these theories indicate that during the nineteenth century a unique cultural formation arose in relation to mortality. The moment still has not passed, since the basic elements of the new death continue to operate on contemporary imaginations and theorizations. What follows is an attempt to draw the portrait of the death that emerged for the first time in the nineteenth century: to critically and analytically examine formulations of the relation between death and identity in order to determine the value of absolute mortality as an individualizing principle. Often these formulations are most clearly articulated by post-nineteenth-century thinkers, but they are the products, and indeed the expressions, of that historical transformation that occurred sometime after the Revolution. When we read these texts and arguments, we are asking not merely whether they are valid as arguments, but about the value of the general attitude they reflect—the value not only of a specific kind of death, but of a kind of subjectivity that is unique to the last two hundred years. And since that subjectivity is probably the most significant product of those centuries, the most pervasive and the most intimately affecting, we are also, intentionally or not, asking about the value of a whole period.To read this relation between mortality and subjectivity, we must come to some understanding about the terms at issue, especially what death is or is not when considered in its most extreme form as simple nothingness. It may seem odd that this is an issue at all, but nonexistence has proven a difficult concept to integrate into theorizations [End Page 90] of human life. The first question to raise in this context is whether death can be considered a state, a divisive proposition on which much hangs. In the introduction to a recent collection of essays on metaphysics and death, John Martin Fischer baldly asserted that "being dead is a condition or a state" [4]. The philosopher Paul Edwards, however, has pointed to some of the "absurdities," as he puts it, of considering death as an ontological condition. To imagine death as a state is, he argues, to attribute to it some sort of being, but death, understood as the permanent loss of consciousness and experience, has no being and is simply absence. To imagine otherwise leads to attempts (made by such existentialist philosophers as Ferrater Mora [175-203] and Tillich) to understand death "from the inside"—that is, to imagine what it would be like to experience the absence of experience. 2 Edwards's approach does not deny the possibility or value of investigations into the psychological significance of that absolute privation (that is, the meaning of death for the living), but it does preclude any understanding of death as such. This is, undoubtedly, part of the... (shrink)

Algorithms can now identify patterns and correlations in the (big) datasets, and predict outcomes based on those identified patterns and correlations with the use of machine learning techniques and big data, decisions can then be made by algorithms themselves in accordance with the predicted outcomes. Yet, algorithms can inherit questionable values from the datasets and acquire biases in the course of (machine) learning, and automated algorithmic decision-making makes it more difficult for people to see algorithms as biased. While researchers have (...) taken the problem of algorithmic bias seriously, but the current discussion on algorithmic fairness tends to conceptualize ‘fairness’ in algorithmic fairness primarily as a technical issue and attempts to implement pre-existing ideas of ‘fairness’ into algorithms. In this paper, I show that such a view of algorithmic fairness as technical issue is unsatisfactory for the type of problem algorithmic fairness presents. Since decisions on fairness measure and the related techniques for algorithms essentially involve choices between competing values, ‘fairness’ in algorithmic fairness should be conceptualized first and foremost as a political issue, and it should be (re)solved by democratic communication. The aim of this paper, therefore, is to explicitly reconceptualize algorithmic fairness as a political question and suggest the current discussion of algorithmic fairness can be strengthened by adopting the accountability for reasonableness framework. (shrink)

Capricci are nonsense drawings that delineate an elusive but inevitable sense behind or, better, within the palpable nonsense of the elementary proposition of a drawing; they are capers on a tightrope stretched between the poles of pathos and the ridiculous. We shall succeed in not falling only if we step forward boldly and know not only what we are doing but also what we are up against in the making of a picture as well as in living in the world. (...) For the world, in its yawning impudence of death and the dance of blind eagerness, ambition, and noisy speechlessness, makes us look to art not, or not necessarily, to escape from the world but rather to learn how to take its measure. . . . There is a painting ["St. Vincent Ferrer Preaching"] joined to the Passion cycle in S. Polo which demonstrates as well as any paradox ever will how Giandomenico joined piety and irony in his religious art without curtailing the glory of either. He arrives, as it were, at a God-fearing irony. We see St. Vincent Ferrer preaching. He speaks so eloquently, so convincingly in praise of the divine truth, that light shines forth from him and angel's wings grow on his shoulders. Fascinated by the miracle but even more so by the saint's words, his audience sits spellbound at his feet; in the foreground, however, sits a youth, a fop perhaps, gorgeously dressed, with a singular smile on his face, his hand musingly poised to his cheek, who looks at us quizzically. He is the link between us and the miracle. "Can you believe it?" says the smile, and perhaps "I did not—and yes—how can you now not believe it, you need but look - as I did - for there it is!" It is, I think, the face of one who knows about the truth of the absurd and its inner logic. Credo quia absurdum: if it were not so, we could prove the existence of God by feeding data into a computer, and there would be many believers, whose faith, in turn, deserved but little credit. Needless to say, perhaps, the face that so speaks to us in laughter joined to wonder is a self-portrait.1 · 1. In S. Polo the painting of St. Vincent Ferrer Preaching hangs opposite a matching picture of The Finding of the True Cross. There is a beautiful young woman on the right who looks at us beseechingly and with her right hand points at the cross. Giovanni Domenico Tiepolo who looks out of St. Vincent Ferrer Preaching cannot help but see this lady and be affected by her earnest gesture. For a reproduction of the painting, see Maruz, G. D. Tiepolo, plate 22. Philipp P. Fehl is a professor in the department of art and design at the University of Illinois at Urbana-Champaign. He has edited Franciscus Junius: The Literature of Classical Art. His previous contribution to Critical Inquiry, "Turner's Classicism and the Problem of Periodization in the History of Art," appeared in the Autumn 1976 issue; the present essay was delivered in an earlier version at Stanford University in 1976 and is included in his collection of essays, Art and Mortality. His capricci, Birds with Titles, were exhibited in a one-man show at Kenyon College. (shrink)

Capricci are nonsense drawings that delineate an elusive but inevitable sense behind or, better, within the palpable nonsense of the elementary proposition of a drawing; they are capers on a tightrope stretched between the poles of pathos and the ridiculous. We shall succeed in not falling only if we step forward boldly and know not only what we are doing but also what we are up against in the making of a picture as well as in living in the world. (...) For the world, in its yawning impudence of death and the dance of blind eagerness, ambition, and noisy speechlessness, makes us look to art not, or not necessarily, to escape from the world but rather to learn how to take its measure.... There is a painting ["St. Vincent Ferrer Preaching"] joined to the Passion cycle in S. Polo which demonstrates as well as any paradox ever will how Giandomenico joined piety and irony in his religious art without curtailing the glory of either. He arrives, as it were, at a God-fearing irony. We see St. Vincent Ferrer preaching. He speaks so eloquently, so convincingly in praise of the divine truth, that light shines forth from him and angel's wings grow on his shoulders. Fascinated by the miracle but even more so by the saint's words, his audience sits spellbound at his feet; in the foreground, however, sits a youth, a fop perhaps, gorgeously dressed, with a singular smile on his face, his hand musingly poised to his cheek, who looks at us quizzically. He is the link between us and the miracle. "Can you believe it?" says the smile, and perhaps "I did not—and yes—how can you now not believe it, you need but look - as I did - for there it is!" It is, I think, the face of one who knows about the truth of the absurd and its inner logic. Credo quia absurdum: if it were not so, we could prove the existence of God by feeding data into a computer, and there would be many believers, whose faith, in turn, deserved but little credit. Needless to say, perhaps, the face that so speaks to us in laughter joined to wonder is a self-portrait.1 · 1. In S. Polo the painting of St. Vincent Ferrer Preaching hangs opposite a matching picture of The Finding of the True Cross. There is a beautiful young woman on the right who looks at us beseechingly and with her right hand points at the cross. Giovanni Domenico Tiepolo who looks out of St. Vincent Ferrer Preaching cannot help but see this lady and be affected by her earnest gesture. For a reproduction of the painting, see Maruz, G. D. Tiepolo, plate 22. Philipp P. Fehl is a professor in the department of art and design at the University of Illinois at Urbana-Champaign. He has edited Franciscus Junius: The Literature of Classical Art. His previous contribution to Critical Inquiry, "Turner's Classicism and the Problem of Periodization in the History of Art," appeared in the Autumn 1976 issue; the present essay was delivered in an earlier version at Stanford University in 1976 and is included in his collection of essays, Art and Mortality. His capricci, Birds with Titles, were exhibited in a one-man show at Kenyon College. (shrink)

Robots and other smart machines are increasingly interwoven into the social fabric of our society, with the area and scope of their application continuing to expand. As we become accustomed to interacting through and with robots, we also begin to supplement or replace existing human–human interactions with human–machine interactions. This article aims to discuss the impacts of the shift from human–human interactions to human–machine interactions in one facet of our self-constitution, i.e., morality. More specifically, it sets out to explore whether (...) and how the shift to human–machine interactions can affect our moral cultivation. I shall structure the article around what Shannon Vallor calls technology-driven moral deskilling, i.e., the phenomenon of technology negatively affecting individual moral cultivation, and shall also attempt to offer a Confucian response to the problem. I first elaborate in detail Vallor’s idea of technology-driven moral deskilling. Next, I discuss three paradigms of virtue acquisition identified by Nancy E. Snow, i.e., the “folk” paradigm, the skill-and-expertise paradigm, and the Confucian paradigm, and show how the Confucian paradigm can help us to respond to technology-driven moral deskilling. Finally, I introduce the idea of Confucian rituals (li) and argue for the ritualizing of machines as an answer to technology-driven moral deskilling. (shrink)

The article intends to show: a) that the modist Martin of Dacia sides with the traditional reading of the first chapter of Aristotle’s De interpretatione that we find in masters of arts from the first half of the thirteenth century; and b) that the modist Boethius of Dacia is one of the first thirteenth-century scholars to depart from this reading. In fact, Boethius presents us with an account of propositional verification where the terms’ signification is not operational and where the (...) immediate truth-maker of statements like ‘homo est animal’ is an external state of affairs. In Martin’s case, to the contrary, the terms’ signification is operational in his account of propositional verification and the immediate truth-bearer of such statements is a mental composition or division. (shrink)

Global engineering ethics is the engineering ethics’ response to globalization. It plays a major role in the received narrative about the need for a global engineering ethics, which is often illustrated by stories of some engineers A (of culture X) who interact with people or organizations of culture Y, and as a result encounter conflicts between their (i.e. culture X’s) ethical values and culture Y’s ethical values that generate ethical conundrums to the engineers. Global engineering ethics is thus needed to (...) help engineers to navigate through these ethical conundrums. However, the received narrative is insufficient in attending to the different nature and scope of ethical challenges for engineers and engineering practices in a globalized context, or so I shall argue. To understand these differences, I elaborate three basic presuppositions that create the need for global engineering ethics and explain their various interpretations. These presuppositions will then form the basis of my discussion of current approaches to global engineering ethics. I also argue that global engineering ethics is not merely reactive but also proactive, but the existing approaches have paid insufficient attention to the proactive dimension of global engineering ethics. So, I will end this chapter by arguing for the importance of the proactive dimension and exploring what it demands from engineers and engineering practices. (shrink)

La racionalidad de la globalización está basada en la relación instrumental mediobeneficio. La planificación económica para la obtención de mayores ganancias cada vez en los distintos mercados parece exigir una incesante no-intervención del Estado. Sin embargo, la dinámica de la acumulación y reproducción del capital precisa de una neo-planificación de las estrategias económicas con el consentimiento del Estado en negociación con agentes transnacionales a nivel tanto estrictamente nacional y regional como global. Dicha delineación de los parámetros económicos alumbra ciertos efectos (...) en sectores antaño regulados en exclusiva por el Estado-Nación: a saber, el derecho, la sociedad y las relaciones internacionales. De igual forma, la democracia como sistema de gobierno sufre los avatares de la economización creciente de la política, consentida por los poderes públicos. Por tanto, los derechos económicos, sociales y culturales, consagrados en las cartas constitucionales como derechos fundamentales, junto al subsidiario modelo de Estado Social, son puestos en tela de juicio de manera continua por parte de la racionalidad económica, que observa en los mismos un obstáculo a salvar para la maximización de los beneficios. (shrink)

Consumer society engenders a peculiar set of existential conditions, but it is often neglected in analyses of technology. The aim of this chapter is to demonstrate a way to examine technology through the set of existential conditions in consumer society, and, at the same time, argue for its importance in normative analyses of technology. Particularly, this chapter argues against a specific pattern of argument against technology to be inadequate in isolation of an analysis of consumer society. In this respect, philosophers (...) and other researchers interested in normative issues on technology in consumer society can benefit enormously from social theory of consumption. (shrink)

This anthology examines the practical role of well-being in contemporary society. It discusses developments such as globalization, consumerism and the rapid innovation and use of new and emerging technologies and focuses on the significant impact of these developments on the well-being of people living today. The anthology brings together researchers from various disciplines, including psychology, economics, sociology, philosophy and development studies. It provides concrete insight on the role and importance of well-being in contemporary society, using a mix of empirical grounding, (...) philosophical rigour and an emphasis on real-world applications. It is unique in that it seeks to understand the relation between well-being research and its application towards real problems. (shrink)

Nearly a decade ago, Rafael Capurro has gradually shifted his attention towards the ideas of message and of messenger. In lieu of ‘information’, he proposes and develops a new direction of research he calls Angeletics that aims to examine the nature of message and messenger, both of which are inherently social. Coincidently, at about the same time, we witnessed the rise of social epistemology in Angelo-American analytic philosophy. This coincidence is interesting, because both Capurro’s Angeletics and social epistemology indicated a (...) departure from individualistic-orientedness in hermeneutics and traditional epistemology respectively. While social epistemology has earned its place and status in academia, especially in North America and Europe, Capurro’s Angeletics has yet to receive similar attention to which it deserves. Part of the reason for this, I think, is because of its formulation and terminology is relatively unfamiliar to those who do not share the same philosophical tradition. Hence, one remedy to this situation is to attempt to translate Angeletics in terms of social epistemology, and this – is the objective of the current paper. (shrink)

Vietnam, with a geographical proximity and a high volume of trade with China, was the first country to record an outbreak of the new Coronavirus disease (COVID-19), caused by the Severe Acute Respiratory Syndrome Coronavirus 2 or SARS-CoV-2. While the country was expected to have a high risk of transmission, as of April 4, 2020—in comparison to attempts to contain the disease around the world—responses from Vietnam are being seen as prompt and effective in protecting the interests of its citizens, (...) with 239 confirmed cases and no fatalities. This study analyzes the situation in terms of Vietnam’s policy response, social media and science journalism. A self-made web crawl engine was used to scan and collect official media news related to COVID-19 between the beginning of January and April 4, yielding a comprehensive dataset of 14,952 news items. The findings shed light on how Vietnam—despite being under-resourced—has demonstrated political readiness to combat the emerging pandemic since the earliest days. Timely communication on any developments of the outbreak from the government and the media, combined with up-to-date research on the new virus by the Vietnamese science community, have altogether provided reliable sources of information. By emphasizing the need for immediate and genuine cooperation between government, civil society and private individuals, the case study offers valuable lessons for other nations concerning not only the concurrent fight against the COVID-19 pandemic but also the overall responses to a public health crisis. (shrink)

In Information and Computer Ethics (ICE), and, in fact, in normative and evaluative research of Information Technology (IT) in general, researchers have paid few attentions to the prudential values of IT. Hence, analyses of the prudential values of IT are mostly found in popular discourse. Yet, the analyses of the prudential values of IT are important for answering normative questions about people’s well-being. In this chapter, the author urges researchers in ICE to take the analyses of the prudential values of (...) IT seriously. A serious study of the analyses, he argues, will enrich the research of ICE. But, what are the analyses? The author will distinguish the analyses of the prudential values of IT, i.e. the prudential analysis, from other types of normative and evaluative analysis of IT. Then, the author will explain why prudential analyses are not taken seriously by the researchers in ICE, and argue why they deserve more attentions. After that, he will outline a framework to analyse and evaluate prudential analyses, and he will apply the framework to an actual prudential analysis. Finally, he will briefly conclude this chapter by highlighting the limits of the proposed framework and identifying the directions for future research. (shrink)

Entrepreneurship plays an indispensable role in the economic development and poverty reduction of emerging economies like Vietnam. The rapid development of technologies during the Fourth Industrial Revolution (Industry 4.0) has a significant impact on business in every field, especially in the innovation-focused area of entrepreneurship. However, the topic of entrepreneurial activities with technology applications in Vietnam is under-researched. In addition, the body of literature regarding entrepreneurial finance tends to focus on advanced economies, while mostly neglecting the contextual differences in developing (...) nations. Therefore, this research contributes to these topics by investigating the main characteristics of a high potential market for entrepreneurs in Vietnam, which is the English language training market (ELTM). It also aims at indicating the impacts of technology on the entrepreneurial firms within this market, with an emphasis on financing sources. To answer the research questions, this study employs a qualitative analysis and conducts 12 in-depth, semi-structured interviews with entrepreneurs and researchers in the field. The key findings in our study highlight the main contributing factors to the growth of the market, both universally and context-specific for a developing nation like Vietnam. It also lists the leaders in each market segment and the industry’s potential profit margin. The results also show that most entrepreneurs in the ELTM utilized private sources of finance rather than external ones, such as bank loans. It again confirms the idea from previous works that even with the rapid development of the economic and technological landscape, entrepreneurial activities in general barely benefit from additional sources of funding. However, it also points out the distinct characteristics of the ELTM that may influence these financing issues; for example, English training services usually collect revenues from customers before delivering their classes. This is of advantage for entrepreneurs in this area and helps significantly reduce the financial barriers. These findings, which are among the first attempts to contribute to a better understanding of entrepreneurial opportunities in the Industry 4.0 in Vietnam, provide valuable insights for policymakers and entrepreneurs, as well as investors. (shrink)

Digital media has become an integral part of people’s lives, and its ubiquity and pervasiveness in our everyday lives raise new ethical, social, cultural, political, economic and legal issues. Many of these issues have primarily been dealt with in terms of what is ‘right’ or ‘just’ with digital media and digitally-mediated practices, and questions about the relations between digital media and the good life are often left in the background. In short, what is often missing is an explicit discussion of (...) the relations between digital media and the good life. Under the label of ‘Net recommendation’, the present study aims to offer a balanced and constructive normative analysis of digital media, focusing on the relations between digital media and the good life. The project of Net recommendation aims to (re)assert the importance of actual discourses in our normative analysis of the relations between digital media and the good life. I pursue this project with a Walzerian approach to digital media and the good life that takes seriously (and, ideally, also interacts with) actual discourses. This approach allows us to have a better understanding of our normative judgements on the impacts of digital media has (or will have) on the good life and, at the same time, allows us to answer the question of ‘how should we live with digital media?’ more adequately. Moreover, the Walzerian approach is useful in both an intra-cultural and an inter¬cultural context. Using China’s Internet as a case study, I show that the relations between digital media and the good life in each culture should be examined in its own right. Together, I hope, this study provides an adequate illustration and defence of the project of Net recommendation that does not start with the assumption of digital media being a source of moral problem and strives to recommending specific ways to reform and/or transform digital media and digitally-mediated practices that allow us to have better relations with digital media and enable us to live better lives with them. (shrink)

There are a number of recent attempts to introduce Confucian values to the ethical analysis of technology. These works, however, have not attended sufficiently to one central aspect of Confucianism, namely Ritual (‘Li’). Li is central to Confucian ethics, and it has been suggested that the emphasis on Li in Confucian ethics is what distinguishes it from other ethical traditions. Any discussion of Confucian ethics for technology, therefore, remains incomplete without accounting for Li. This chapter aims to elaborate on the (...) concept of Confucian Li and discuss its relevance to ethics of technology. Particularly, by referring to Li’s communicative, formative, and aesthetic function, I formulate an approach to ethics of technology with an emphasis on community, performance, and the aesthetic and demonstrate how this approach proceeds with the ethical analysis of technology. In doing so, I attempt to answer the question: why Confucianism matters in ethics of technology. (shrink)

A major international consultancy firm identified ‘AI ethicist’ as an essential position for companies to successfully implement artificial intelligence (AI) at the start of 2019. It declares that AI ethicists are needed to help companies navigate the ethical and social issues raised by the use of AI. Top 5 AI hires companies need to succeed in 2019. The view that AI is beneficial but nonetheless potentially harmful to individuals and society is widely shared by the industry, academia, governments, and civil (...) society organizations. Accordingly and in order to realize its benefits while avoiding ethical pitfalls and harmful consequences, numerous initiatives have been established to a) examine the ethical, social, legal and political dimensions of AI and b) develop ethical guidelines and recommendations for design and implementation of AI. (shrink)

Savulescu and Cameron supported selectively locking down the elderly during the COVID-19 pandemic on two grounds: first, that preserving total lockdown would entail levelling down and, second, that levelling down is wrong. Their first assumption has been thoroughly addressed, but more can be said about their wider antiegalitarian point that levelling down is simply wrong. Egalitarians are not defenceless against the levelling-down objection. Even though some consider it the most serious challenge to supporters of equality, egalitarianism possesses sound reasons to (...) assert, not only that something valuable is preserved when we level down, but also that preserving it may be, in certain circumstances, preferable to pursuing other fundamental moral goals. Although troublesome from a well-being maximising standpoint, levelling down ensures that healthcare policy reflects a commitment with the idea that people are equal in moral worth. That commitment is important enough to trump certain improvements in individual well-being. In the case of pandemic lockdowns, not all the interests protected by free movement are as fundamental as to pursue them at the cost of equality. Savulescu and Cameron’s framework is so reliant on the view that levelling down is wrong that it fails to account for the valuable loss that having the elderly suffer alone represents. (shrink)

Redefining god -- The battle between grace and truth -- Qualifying the unqualified -- Breaking cultural rules -- Rejected to redeemed -- Who wants the oil? -- Sweet vindication -- Falling forward -- Pushing boundaries -- The power of again -- The now and the next -- A clean slate.

Últimamente, la educación se ha visto desafiada por el contexto digital que beneficia a las plataformas virtualesque contienen creaciones de youtubers o influencers, los cuales se enfocan en entretener más que en formar integralmente al estudiante. En este sentido, este artículo considera a las paradojas como recursos didácticos que pueden ayudar al desarrollo del pensamiento crítico del estudiante durante su formación. Esta investigación es documental y se basa en la consulta de fuentes escritas y de internet. Comienza aclarando los conceptos (...) de falacia y reducción al absurdo, pues las paradojas han sido vistas como falacias muy sutiles por algunos estudiosos como Bertrand Russell y, además, hay quienes utilizan las paradojas para realizar deducciones, como ocurre en la reducción al absurdo que se aplica en el argumento ontológico de San Anselmo de Canterbury. Enseguida, se analiza una lista de paradojas, pero con el objetivo de que puedan ser utilizadas en un aula de clase. Así, se trata sobre algunas paradojas como la paradoja de Aquiles y la Tortuga, la de Galileo, la del hotel de Hilbert, la de Tristam Shandy, la de Protágoras, etc. Este trabajo se cierra tratando de explicitar el aspecto afectivo y emocional que un estudiante experimenta cuando trata con esta clase de problemas. (shrink)

En forma de carta dirigida al amigo ausente se hace un elogio de la vida virtuosa y del conocimiento universal que brota de la cuna sencilla. No hay mayor apertura que el amor por la verdad y la tolerancia.

El artículo 270.2 del Código penal español hace responsables a los prestadores de servicios intermediarios cuando existe una facilitación activa y no neutral de un comportamiento infractor en las obras protegidas por copyright. Ello se ha traducido en un mecanismo incierto que fomenta la colaboración acrítica con los titulares del copyright sin ponderar de forma adecuada la creatividad social a través del uso transformativo de la obra. Este artículo propone un análisis de la autoría como signo distintivo con la finalidad (...) de corregir esta incertidumbre normativa mediante una interpretación restrictiva del derecho de uso exclusivo eliminando los usos derivados como fuente generadora de una obligación de actuar, y a la vez, reconociendo la necesidad de un mecanismo de contra-notificación que permita al supuesto infractor una defensa efectiva de sus intereses sin que ello implique la pérdida de la condición de actor neutral. (shrink)