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  Subjects -> MANUFACTURING AND TECHNOLOGY (Total: 297 journals)
    - CERAMICS, GLASS AND POTTERY (26 journals)
    - MACHINERY (33 journals)
    - PACKAGING (15 journals)
    - PLASTICS (28 journals)
    - RUBBER (2 journals)

MANUFACTURING AND TECHNOLOGY (184 journals)                     

Showing 1 - 73 of 73 Journals sorted alphabetically
3D Printing and Additive Manufacturing     Full-text available via subscription   (Followers: 13)
Additive Manufacturing     Hybrid Journal   (Followers: 7)
Advanced Manufacturing: Polymer & Composites Science     Open Access   (Followers: 30)
Advances in Adaptive Data Analysis     Hybrid Journal   (Followers: 8)
Advances in Manufacturing     Hybrid Journal   (Followers: 3)
Advances in Manufacturing Science and Technology     Open Access   (Followers: 8)
Advances in Technology Innovation     Open Access   (Followers: 2)
Afrique Science : Revue Internationale des Sciences et Technologie     Open Access   (Followers: 2)
American Journal of Applied Sciences     Open Access   (Followers: 28)
American Journal of Nanotechnology     Open Access   (Followers: 26)
American Journal of Sensor Technology     Open Access   (Followers: 4)
Appita Journal: Journal of the Technical Association of the Australian and New Zealand Pulp and Paper Industry     Full-text available via subscription   (Followers: 9)
Applied Ergonomics     Full-text available via subscription   (Followers: 14)
Asia Pacific Biotech News     Hybrid Journal   (Followers: 2)
Asian Journal of Applied Sciences     Open Access   (Followers: 2)
Australian Journal of Learning Difficulties     Hybrid Journal   (Followers: 4)
Australian TAFE Teacher     Full-text available via subscription   (Followers: 3)
Behavioral and Cognitive Neuroscience Reviews     Hybrid Journal   (Followers: 20)
Bharatiya Vaigyanik evam Audyogik Anusandhan Patrika (BVAAP)     Open Access   (Followers: 1)
Biotechnology     Open Access   (Followers: 6)
Biotechnology Progress     Hybrid Journal   (Followers: 39)
Bulletin of Science, Technology & Society     Hybrid Journal   (Followers: 5)
CATTECH     Hybrid Journal   (Followers: 1)
Centaurus     Hybrid Journal   (Followers: 3)
Circuit World     Hybrid Journal   (Followers: 15)
Clay Technology     Full-text available via subscription  
Cold Regions Science and Technology     Hybrid Journal   (Followers: 3)
Comparative Technology Transfer and Society     Full-text available via subscription   (Followers: 3)
Components, Packaging and Manufacturing Technology, IEEE Transactions on     Hybrid Journal   (Followers: 26)
Composites Science and Technology     Hybrid Journal   (Followers: 177)
Comprehensive Therapy     Hybrid Journal   (Followers: 3)
Computer-Aided Design and Applications     Hybrid Journal   (Followers: 4)
Control Theory and Informatics     Open Access   (Followers: 8)
Cryoletters     Full-text available via subscription   (Followers: 3)
Decision Making in Manufacturing and Services     Open Access   (Followers: 1)
Design Journal : An International Journal for All Aspects of Design     Hybrid Journal   (Followers: 28)
Design Studies     Hybrid Journal   (Followers: 30)
East Asian Science, Technology and Society: An International Journal     Full-text available via subscription   (Followers: 1)
Economics of Innovation and New Technology     Hybrid Journal   (Followers: 17)
Emerging Materials Research     Hybrid Journal   (Followers: 2)
Environmental Technology     Hybrid Journal   (Followers: 4)
Fibers     Open Access   (Followers: 7)
Fibers and Polymers     Full-text available via subscription   (Followers: 6)
Foresight     Hybrid Journal   (Followers: 7)
FORMakademisk     Open Access  
Futures     Hybrid Journal   (Followers: 14)
Gender, Technology and Development     Hybrid Journal   (Followers: 8)
Green Materials     Hybrid Journal   (Followers: 1)
History and Technology: An International Journal     Hybrid Journal   (Followers: 10)
Human Factors in Design     Open Access   (Followers: 6)
Hybrid Materials     Open Access  
IEEE Engineering in Medicine and Biology Magazine     Full-text available via subscription   (Followers: 6)
IETE Journal of Research     Open Access   (Followers: 11)
IETE Technical Review     Open Access   (Followers: 11)
Indian Journal of Radio & Space Physics (IJRSP)     Open Access   (Followers: 36)
Información Tecnológica     Open Access  
Innovation: Management, Policy & Practice     Hybrid Journal   (Followers: 17)
Innovation: The European Journal of Social Science Research     Hybrid Journal   (Followers: 11)
Innovations : Technology, Governance, Globalization     Hybrid Journal   (Followers: 12)
Integrating Materials and Manufacturing Innovation     Open Access   (Followers: 7)
International Journal for Quality Research     Open Access   (Followers: 3)
International Journal for the History of Engineering and Technology     Hybrid Journal   (Followers: 4)
International Journal of Additive and Subtractive Materials Manufacturing     Hybrid Journal   (Followers: 1)
International Journal of Advanced Design and Manufacturing Technology     Open Access   (Followers: 7)
International Journal of Automation and Logistics     Hybrid Journal   (Followers: 5)
International Journal of Bifurcation and Chaos     Hybrid Journal   (Followers: 2)
International Journal of Business and Systems Research     Hybrid Journal   (Followers: 1)
International Journal of CAD/CAM     Open Access   (Followers: 1)
International Journal of Design     Open Access   (Followers: 28)
International Journal of Energy Technology and Policy     Hybrid Journal   (Followers: 7)
International Journal of Engineering and Manufacturing     Open Access   (Followers: 1)
International Journal of Experimental Design and Process Optimisation     Hybrid Journal   (Followers: 5)
International Journal of Information Acquisition     Hybrid Journal   (Followers: 1)
International Journal of Innovation and Technology Management     Hybrid Journal   (Followers: 9)
International Journal of Innovation Science     Hybrid Journal   (Followers: 9)
International Journal of Intelligent Transportation Systems Research     Hybrid Journal   (Followers: 9)
International Journal of Law and Information Technology     Hybrid Journal   (Followers: 4)
International Journal of Learning Technology     Hybrid Journal   (Followers: 9)
International Journal of Manufacturing, Materials, and Mechanical Engineering     Full-text available via subscription   (Followers: 14)
International journal of materials research     Full-text available via subscription   (Followers: 1)
International Journal of Mathematical Education in Science and Technology     Hybrid Journal   (Followers: 10)
International Journal of Nano and Biomaterials     Hybrid Journal   (Followers: 8)
International Journal of Physical Modelling in Geotechnics     Hybrid Journal   (Followers: 5)
International Journal of Planning and Scheduling     Hybrid Journal   (Followers: 2)
International Journal of Precision Engineering and Manufacturing-Green Technology     Hybrid Journal   (Followers: 2)
International Journal of Production Management and Engineering     Open Access   (Followers: 4)
International Journal of Quality and Innovation     Hybrid Journal   (Followers: 5)
International Journal of Quality Engineering and Technology     Hybrid Journal   (Followers: 3)
International Journal of Service and Computing Oriented Manufacturing     Hybrid Journal   (Followers: 2)
International Journal of Social and Humanistic Computing     Hybrid Journal   (Followers: 1)
International Journal of System of Systems Engineering     Hybrid Journal   (Followers: 2)
International Journal of Technoentrepreneurship     Hybrid Journal   (Followers: 2)
International Journal of Technological Learning, Innovation and Development     Hybrid Journal   (Followers: 7)
International Journal of Technology and Design Education     Hybrid Journal   (Followers: 13)
International Journal of Technology and Globalisation     Hybrid Journal   (Followers: 3)
International Journal of Technology Intelligence and Planning     Hybrid Journal   (Followers: 1)
International Journal of Technology Management     Hybrid Journal   (Followers: 4)
International Journal of Technology Marketing     Hybrid Journal   (Followers: 4)
International Journal of Technology Transfer and Commercialisation     Hybrid Journal   (Followers: 1)
International Journal of Technology, Policy and Management     Hybrid Journal   (Followers: 1)
International Journal of Vehicle Autonomous Systems     Hybrid Journal  
International Journal of Vehicle Design     Hybrid Journal   (Followers: 6)
International Wood Products Journal     Hybrid Journal   (Followers: 3)
ITL - International Journal of Applied Linguistics     Full-text available via subscription   (Followers: 14)
Journal for Manufacturing Science and Production     Hybrid Journal   (Followers: 6)
Journal for New Generation Sciences     Open Access   (Followers: 2)
Journal of Analytical Science & Technology     Open Access   (Followers: 6)
Journal of Applied Sciences     Open Access   (Followers: 5)
Journal of Control & Instrumentation     Full-text available via subscription   (Followers: 8)
Journal of Control Theory and Applications     Hybrid Journal   (Followers: 2)
Journal of Design Research     Hybrid Journal   (Followers: 15)
Journal of Engineering and Technology     Open Access   (Followers: 6)
Journal of Enterprise Transformation     Hybrid Journal   (Followers: 1)
Journal of Frugal Innovation     Open Access  
Journal of High Technology Management Research     Hybrid Journal   (Followers: 3)
Journal of Industrial and Production Engineering     Hybrid Journal   (Followers: 3)
Journal of large-scale research facilities JLSRF     Open Access  
Journal of Law, Information and Science     Full-text available via subscription   (Followers: 24)
Journal of Machinery Manufacturing and Automation     Open Access   (Followers: 2)
Journal of Materials Science Research     Open Access   (Followers: 8)
Journal of Micro-Bio Robotics     Hybrid Journal  
Journal of Middle European Construction and Design of Cars     Open Access   (Followers: 2)
Journal of Nanobiotechnology     Open Access   (Followers: 4)
Journal of Operations and Supply Chain Management     Open Access   (Followers: 7)
Journal of Production Research & Management     Full-text available via subscription   (Followers: 2)
Journal of Remanufacturing     Open Access   (Followers: 4)
Journal of Scientific and Industrial Research (JSIR)     Open Access   (Followers: 9)
Journal of Sensor Technology     Open Access   (Followers: 4)
Journal of Sensors and Sensor Systems     Open Access   (Followers: 7)
Journal of Sustainable Metallurgy     Hybrid Journal   (Followers: 3)
Journal of Technology in Human Services     Hybrid Journal   (Followers: 3)
Journal of Technology Management in China     Hybrid Journal   (Followers: 1)
Journal of the Chinese Institute of Industrial Engineers     Hybrid Journal   (Followers: 1)
Journal of The Royal Society Interface     Full-text available via subscription   (Followers: 8)
Journal of Urban Technology     Hybrid Journal   (Followers: 4)
Jurnal Energi Dan Manufaktur     Open Access  
Lasers in Manufacturing and Materials Processing     Full-text available via subscription  
Leibniz Transactions on Embedded Systems     Open Access  
Lightweight Design     Hybrid Journal   (Followers: 6)
Main Science and Technology Indicators - Principaux indicateurs de la science et de la technologie     Full-text available via subscription  
Management and Production Engineering Review     Open Access   (Followers: 2)
Manufacturing Letters     Full-text available via subscription  
Manufacturing Review     Open Access   (Followers: 1)
Manufacturing Science and Technology     Open Access   (Followers: 2)
Materials Science and Engineering: B     Hybrid Journal   (Followers: 20)
Materials testing. Materialprüfung     Full-text available via subscription   (Followers: 6)
Microgravity Science and Technology     Hybrid Journal   (Followers: 1)
Modern Electronic Materials     Open Access  
NanoEthics     Hybrid Journal   (Followers: 1)
Nature Biotechnology     Full-text available via subscription   (Followers: 479)
NDT & E International     Hybrid Journal   (Followers: 53)
Perspectives on Global Development and Technology     Hybrid Journal  
Plastics, Rubber and Composites     Hybrid Journal   (Followers: 7)
Procedia CIRP     Open Access   (Followers: 2)
Procedia IUTAM     Open Access  
Procedia Manufacturing     Open Access  
Production     Open Access  
Production & Manufacturing Research     Open Access   (Followers: 1)
Reliability Engineering & System Safety     Hybrid Journal   (Followers: 18)
Remote Sensing Letters     Hybrid Journal   (Followers: 40)
Research Papers Faculty of Materials Science and Technology Slovak University of Technology     Open Access   (Followers: 3)
Revista Latinoamericana de Metalurgia y Materiales     Open Access  
Revista Produção Online     Open Access  
Science and Technology of Advanced Materials     Open Access   (Followers: 6)
Science China Materials     Hybrid Journal  
Scientia Canadensis: Canadian Journal of the History of Science, Technology and Medicine / Scientia Canadensis : revue canadienne d'histoire des sciences, des techniques et de la médecine     Full-text available via subscription   (Followers: 5)
Strategic Design Research Journal     Open Access  
Structural Health Monitoring     Hybrid Journal   (Followers: 6)
Sustainability : The Journal of Record     Hybrid Journal   (Followers: 6)
Synthesis Lectures on Engineers, Technology and Society     Full-text available via subscription  
Synthesis Lectures on Image, Video, and Multimedia Processing     Full-text available via subscription   (Followers: 3)
Technical Communication Quarterly     Hybrid Journal   (Followers: 7)
Techniques et culture     Open Access   (Followers: 1)
Technological Forecasting and Social Change     Hybrid Journal   (Followers: 10)
Technology Analysis & Strategic Management     Hybrid Journal   (Followers: 7)
Technology and Culture     Full-text available via subscription   (Followers: 24)
Technology in Society     Hybrid Journal   (Followers: 4)
Technovation     Hybrid Journal   (Followers: 15)
Tire Science and Technology     Full-text available via subscription   (Followers: 3)
Traitements et Materiaux     Free   (Followers: 19)
Tsinghua Science & Technology     Hybrid Journal   (Followers: 1)
Underwater Technology: The International Journal of the Society for Underwater     Full-text available via subscription   (Followers: 1)
World Review of Science, Technology and Sustainable Development     Hybrid Journal   (Followers: 4)
Вісник Приазовського Державного Технічного Університету. Серія: Технічні науки     Open Access  


Journal Cover Journal of Law, Information and Science
  [24 followers]  Follow
   Full-text available via subscription Subscription journal
   ISSN (Print) 0729-1485
   Published by RMIT Publishing Homepage  [403 journals]
  • Volume 12 Issue 1 - Editorial
    • PubDate: Sat, 6 Oct 2012 14:38:19 GMT
  • Volume 15 Editorial
    • Abstract: Stokes, Michael
      PubDate: Sat, 6 Oct 2012 13:30:24 GMT
  • Volume 12 Issue 2 - Editorial
    • Abstract: Stokes, Michael
      PubDate: Sat, 6 Oct 2012 13:24:36 GMT
  • Volume 14 Editorial
    • Abstract: Stokes, Michael
      PubDate: Wed, 13 Jun 2012 11:06:48 GMT
  • Volume 13 Editorial
    • Abstract: Stokes, Michael
      PubDate: Wed, 13 Jun 2012 11:06:48 GMT
  • Volume 11 Issue 2 - Editorial
    • Abstract: Clark, Eugene; Cho, George; Hoyle, Arthur
      PubDate: Wed, 13 Jun 2012 11:06:48 GMT
  • Volume 11 Issue 1 - Editorial
    • Abstract: Clark, Eugene; Cho, George; Hoyle, Arthur
      PubDate: Wed, 13 Jun 2012 11:06:48 GMT
  • Volume 11 Issue 1 - Europe's E-Commerce Directive - a Too Hasty
           Legislative Rush to Judgment''
    • Abstract: Brownsword, Roger; Howells, Geraint
      This article evaluates the European Union Directive 2000/31EC which came into being on 8 June 2000. The authors sketch the main provisions of the directive and argue that the 'rush to legislation' has resulted in poor quality solutions to many e-commerce problems.

      PubDate: Thu, 31 May 2012 12:43:40 GMT
  • Volume 11 Issue 1 - Electronic Money Regulation: A Comparative Survey of
           Policy Influences in Australia, the European Union and the United States
           of America
    • Abstract: Akindemowo, Olujoke E
      The benefits and risks of the introduction of the use of electronic money products are a matter of concern for financial system regulators, and have sparked an international debate on the need for, method and extent of electronic money regulation. Three divergent approaches have been adopted in the United States, the European Union, and Australia to this question. The differences in approach stem from the different priorities accorded identified objectives, as well as the effect of unique national influences. Policy similarities may however be strengthened as a result of trends towards globalisation or international congruence.

      PubDate: Thu, 31 May 2012 12:43:40 GMT
  • Volume 11 Issue 1 - Tax Issues in Cyberspace
    • Abstract: Andrew, Brian; Hughes, Mark
      The article examines the challenges to existing national tax regimes by the growth of internet commerce, looking at such problems as the difficulty of identifying the parties and locating the transaction for tax purposes, obtaining documentation and evidence, and the problems posed for tax and customs officials by the dematerialisation of trade, disintermediation, the cashless society and growing access to tax havens and off-shore banking. The changes facilitate large scale tax evasion and threaten transaction-based taxes such s the GST and will require the rewriting of many tax treaties.

      PubDate: Thu, 31 May 2012 12:43:40 GMT
  • Volume 11 Issue 1 - An Introduction to Gatekeeper: The Government's Public
           Key Infrastructure
    • Abstract: Boyle, Kate
      Gatekeeper is a world leading project that deals with security issues related to electronic transactions. This Gatekeeper strategy could eventually be a national scheme. The following is a sketch of the Gatekeeper project. It includes a basic overview of the PKI and some legal issues arising from the use of Gatekeeper for online transactions.

      PubDate: Thu, 31 May 2012 12:43:40 GMT
  • Volume 11 Issue 1 - Privacy in an e-Business World: A Question of Balance
    • Abstract: Clark, Eugene; Cho, George
      One of the most important issues in e-business is the protection of privacy. Consumers are worried that businesses and other may invade their privacy or cause them harm by such conduct as identity theft. Businesses, too, are worried about unscrupulous parties who seek to defraud them. Citizens fear the spectre of 'big brother' and a powerful government that can use such information to control or restrict the freedom of its citizenry. This paper charts the Australian laws regulating privacy, including recent amendments to the Commonwealth Privacy Act that extend privacy provisions to the private sector.

      PubDate: Thu, 31 May 2012 12:43:40 GMT
  • Volume 11 Issue 1 - Casualty of Cyberspace - Free Speech'
    • Abstract: Bozin, Doris
      The explosion of Internet usage has provided users with avenues to purchase products and services, invest monies and explore issues as personal as sexuality, religion and politics. This explosion has been accompanied by many problematic issues, including whether there should be laws restricting freedom of speech on the Internet. Of course, how a nation views what free speech is, and whether it should be regulated, is determined by the fundamental core values of that society and the political framework in which it works. Inevitably nations will attempt to apply their existing free speech standards to the Internet through national and international legislative and political initiatives. It is within this context that this article will compare how the United States and Germany have been grappling with this issue. The analysis will find that both the United States and Germany attempt to restrict speech on the Internet with different levels of effectiveness. More importantly, domestic laws which normally operate within the geographical territory of United States and Germany, may be within the freewheeling world of cyberspace, where there are virtually no geographical limitations. Finally, the article suggests that the international community will need to take the lead in regulating the Internet, to strike a balance between protecting children accessing online pornography, defamation, encryption and hate speech, and providing legislative relief to injured parties.

      PubDate: Tue, 22 Mar 2011 09:14:18 GMT
  • Volume 11 Issue 1 - Electronic Commerce Law in Malaysia
    • Abstract: Sangal, PS
      Electronic commerce law in Malaysia is examined here in the light of the Multimedia Super Corridor Project and the objectives of government policy. Six so-called cyber laws are examined here in relation to their impact on electronic transactions. The laws include the Copyright (Amendment) Act 1997, the Computer Crimes Act 1997, Telemedicine Act, 1997, Digital Signatures Act 1997, Communications and Multimedia Act 1998 and the Communications and Multimedia Commission Act 1998. A global e-commerce law is suggested as a means of avoiding problems in the years ahead.

      PubDate: Tue, 22 Mar 2011 09:14:18 GMT
  • Volume 12 Issue 1 - Why Don't We Teach Software Engineers about the
    • Abstract: Fuller, Anne; Croll, Peter
      Much work has been done in recent years developing software engineering curricula. SE research has traditionally focused on the needs of very large corporations undertaking equally mammoth and complex development projects, consequently, current curricula tend to focus on this model. Yet by far the majority of software development is undertaken by Small to Medium Enterprises. The rise of the internet as a platform for commercial applications has partly driven this move away from monolithic software development. Depending on the nature of the application itself many of these products can be described as 'critical' with the failure of such a product more likely to involve substantial losses for the customer. Many of these smaller development efforts are either undertaken with little or no adherence to any SE standard process or by attempting to tailor processes intended for larger organizations. Neither of these alternatives is ideal, with both introducing new elements of risk. One of the newer elements of risk includes the possibility of litigation. While current curricula already include elements of ethics and social responsibility, the changing nature of both development teams and today's software products places today's software engineer in a position where litigation is a very real possibility. In this paper we discuss the factors contributing to the possibility of litigation in detail, and suggest that consideration of legal consequences of decision-making should be included as a vital part of teaching software engineers about risk management.

      PubDate: Thu, 17 Feb 2011 10:53:01 GMT
  • Volume 12 Issue 1 - Can I Take It with Me When I Go': Who Owns Online
    • Abstract: Caladine, Richard
      In only a few years online education has matured and moved from the aegis of the early adopters into the mainstream of higher education in Australia and around the world. When learning is put online it is commodified and as such can consist of tangible, transferable products that can attract a flow of revenue. Traditionally academics have owned the intellectual property in the course materials they create. However with online learning many institutions are claiming that they should own it as they provide the facilities and infrastructure that makes online learning possible. However, this was not, and is not, an issue with the facilities provided for face to face teaching and learning. If institutions own the intellectual property in online courseware the problems associated with its commodification can be exacerbated through the separation of learners and the experts who created it. As well corporate style institutional objectives can impinge on academic freedom. In a perfect world where learning and speculative research is fully funded legislation would decree that the intellectual property created by academics would remain theirs. Sadly we do not live in such a world and agreements must be reached between the parties to ensure the interests of all are protected.

      PubDate: Thu, 17 Feb 2011 10:53:01 GMT
  • Volume 12 Issue 1 - Digital Watermarks for Copyright Protection
    • Abstract: Sheppard, Nicholas Paul; Safavi-Naini, Reihaneh; Ogunbona, Philip
      It is feared that the ease with which digital media can be copied will lead to a proliferation of copyright infringement. One proposed technical solution is digital watermarking, which embeds a hidden signal into host data that can be used in a variety of protocols that attempt to either prevent or deter copyright infringement. In this paper, we give a brief overview of digital watermarking and discuss some of the issues involved in providing effective digital watermarking systems for deterring copyright infringement.

      PubDate: Thu, 17 Feb 2011 10:53:01 GMT
  • Volume 12 Issue 1 - Design and Implementation of a Content Filtering
    • Abstract: Du, Rongbo; Safavi-Naini, Rei; Susilo, Willy
      A firewall is a system for enforcing access control policy between two networks and is one of the most important measures to protect against network attacks. Firewalls traditionally protect the internal network from outside threats. But there has been increasing need for preventing the misuses of the network by the internal users which most previous firewalls overlook. In this paper, we propose a method of adding content filtering functionality to the firewall and describe its implementation. We also show a new attack that combines JAVA Applet and XML to get around the content filtering firewall, hence showing the need for clear usage policy for software and systems.

      PubDate: Thu, 17 Feb 2011 10:53:01 GMT
  • Volume 12 Issue 1 - Equity Issues in E-education
    • Abstract: McFarlane, Penney; Fuller, Anne
      The potential of the World Wide Web as a medium for course delivery was early recognized, and universities were quick to take advantage of its possibilities for reaching a wider and more diverse student population. As the amount of course content being offered online increases, both to internal and external students, universities are increasingly exposed to the possibility that students may claim they are disadvantaged by either the mode of delivery or, in the case of overseas students, the content itself. In this paper we review the explosion in internet-based delivery of courses and discuss the areas where we believe there has been little consideration given to equity, both in terms of access and presentation of content. Finally we caution providers of Internet-based education that, unless attention is paid to these areas, they may be open to litigation by dissatisfied customers.

      PubDate: Thu, 17 Feb 2011 10:53:01 GMT
  • Volume 12 Issue 1 - Content and Copyright in the Digital Age Impact on
    • Abstract: Simpson, Adam
      This article examines the ways in which the digital age is different and considers how that affects the law of contracts. First, digital equipment allows cheap high quality copying, makes it easy to modify digitally stored material and has created the expectation that digital material should be free of charge. The Australian government has reacted to the new environment by extending the law of copyright to give the copyright owner a right to control communication of copyright material and by giving the authors of copyright material moral rights. The author argues that the growth of digital technologies will lead to an increase rather than a decline in copyright protection with the right to communicate becoming the most valuable right. New forms of contract will play an important role in enabling the exploitation of these rights. Copyright owners are advised to be careful about giving broad grants of the right to communicate their work in ways which may make it easier for pirates to copy the work illegally. Copyright exploiters, such as film and record companies, are already entering into contracts to ensure that the communication right is under their control. As digital rights become increasingly valuable, copyright owners should ensure that they are not locked into schemes which reduce the royalties they receive for the digital exploitation of their works. They also need to ensure that they do not enter into unreasonably broad warranties of the right to use the material without infringing the rights of third parties.

      PubDate: Thu, 17 Feb 2011 10:53:01 GMT
  • Volume 12 Issue 1 - Legal Aspects of the Application of Agent-based
           Information Retrieval on the Internet
    • Abstract: Yang, Hui; Zhang, Minjie
      Agent-based paradigm seems to be a promising technology for developing applications in open, distributed and heterogeneous environments, such as the Internet. Many application areas, such as information retrieval can benefit from the application of agent technology. Despite the advantages offered by agent-based systems, some legal concerns such as liability, security, and privacy protection are raised by intelligent agents. After examining the various kinds of agents, this paper surveys those legal concerns, focusing on issues arising from the applications of agent-based information retrieval on the Internet. Finally, we offer a security framework for our ongoing project - IISS, an agent-based intelligent information selection system for distributed information sources, which makes IISS suitable to build and support legal applications on the Internet.

      PubDate: Thu, 17 Feb 2011 10:53:01 GMT
  • Volume 12 Issue 1 - Email Contracts - When Is the Contract Formed'
    • Abstract: Hill, Simone WB
      It is important to know when and where a contract is formed as that can have an impact on the rights of the parties and in ascertaining jurisdiction over the contract in the case of a dispute. It is not clear when email contracts are formed. If the postal acceptance rules were applied to email contracts by analogy with snail mail, an email contract would be formed when the acceptor sent the acceptance by pushing the send button on his/her computer. If the postal acceptance rule is not applied, under normal rules of contract, the contract will be formed when the offeror receives the acceptance. There a re no good reasons for applying the postal acceptance rule to email. The postal acceptance rule is an exception to normal contract principles which was adopted because of the time delay between posting and receipt of a letter and because having posted a letter, the person who has posted it loses all control over it. There are no good reasons for extending the postal acceptance rule to an instantaneous means of communication such as email, especially as the sender of a message is in the best position to determine whether the message has been received or not. The Electronic Transactions Act 1999 (Comm) does not settle the matter. It defines the time of receipt of an electronic message as the time when it enters the addressee's information system and the place of that receipt as the addressee's principal place of business or the place of business most closely connected with the transaction regardless of where the addressee's computer actually was. However, if does not specify whether the sending or receipt of the acceptance completes the formation of a contract. In the United States, the Uniform Computer Information Transaction Act lays down that contracts negotiated by 'electronic message' are formed when acceptance is received. Although this has only been accepted by two States, it is the appropriate rule. However, it is not clear that this rules will be accepted in Australia, where the time and place of formation of email contracts remains uncertain.

      PubDate: Thu, 17 Feb 2011 10:53:01 GMT
  • Volume 12 Issue 1 - Issues of Privacy, Confidentiality and Access in
           Electronic Health Records
    • Abstract: Win, Khin Than; Cooper, Joan; Croll, Peter; Alcock, Carole
      The increasing use of Information Technology in health care has highlighted the need for privacy especially when accessing electronic health data. As computerised medical records are integrated among health care institutions, data can be accessible from different places by different users and this increases the risk of invasion of privacy. Misuse of patient health data may harm patients and undermine the quality of health care.1 Computerisation of medical records created some challenges in traditional legislation about use and disclosure of health information. The dilemma of who owns the information and who has access to it needs to be resolved before full implementation of an electronic health record. This paper focuses on possible solutions to some of these issues.

      PubDate: Thu, 17 Feb 2011 10:53:01 GMT
  • Volume 12 Issue 1 - An Argument Against Business Method Patents
           Demonstrating That Algorithms Are Abstract and Business Methods Are
    • Abstract: Gladstone, Julia Alpert
      In the United States, the Patent and Trademarks Office and the Court of Appeals for the Federal Circuit are extending patent protection to the invention of new Internet business methods. The article argues that this discourages innovation and rewards existing monopolies. First, the article examines the leading case of v Barnes and Inc before considering the grounds on which the United States courts have concluded that business method software ought to be patentable. The author concludes that the courts have greatly expanded the concept of useful art to give protection to what are in fact abstract ideas. By doing so they have protected business methods in a way which the courts have refused to do in the past. Finally the author examines the nature of innovation on the internet, concluding that it is sequential, with each creator improving on the work of the previous product. Unlike other areas of innovation, there are not high development costs associated with this process. Hence, giving the inventor a monopoly through intellectual property rights is not needed to encourage innovation. The public has benefited from the weak protection given to intellectual property rights on the internet so that it is not in the public interest to strengthen that protection. Doing so will only give more power to software companies which are big enough to seek and enforce patent protection and will reduce rather than increase innovation.

      PubDate: Thu, 17 Feb 2011 10:53:01 GMT
  • Volume 11 Issue 2 - Squatters in Cyberspace: Netreprenuers or
    • Abstract: Agmata-Tucker, Marlene
      From its arcane beginnings as a tool for Government, the military and academia and with the increasing popularity of the internet not only as a communication tool but as a tool for electronic business and commerce, problems and issues pertaining to allocation and protection of domain names have arisen. Cybersquatting and cyberpiracy are recent additions to the legal lexicon as a new category of wrongful conduct in cyberspace or the information superhighway. This paper investigates cybersquatting by presenting the legislation on the matter and some of the cases decided on the issue.

      PubDate: Thu, 17 Feb 2011 10:52:57 GMT
  • Volume 11 Issue 2 - Accommodating Computer Software to Copyright Doctrine:
           Defining the Scope of Copyright Protection for Software
    • Abstract: Fitzgerald, Anne; Cifuentes, Cristina
      The first stage of copyright protection for computer software saw the enactment of legislation extending copyright to computer software, in the same category as literary works. The second stage has involved delineation of the appropriate scope of copyright protection for software which, as a functional and digital product, bears little resemblance to the literary works traditionally protected by copyright. In a series of cases, the Australian courts have made it clear that since copyright does not protect the function of software it is not an infringement to replicate non-literal elements such as functionality, provided it is achieved with independently written code and without copying of the expression of the original program. Limiting the scope of copyright protection in relation to literal copying of the program's code has proved more difficult in the absence of a clear legislative direction to this effect. During the past year, the process of legislatively accommodating computer technology to copyright law has commenced, with the enactment of the Copyright Amendment (Computer Programs) Act 1999 (Cth) and the Copyright Amendment (Digital Agenda)Act 2000 (Cth). These statutes clarify the application of copyright law to computer software, introduce new exclusive rights and create several exceptions to the exclusive rights of software copyright owners.

      PubDate: Thu, 17 Feb 2011 10:52:57 GMT
  • Volume 11 Issue 2 - Intellectual Property in the Digital Age: Does the
           Napster Experience Point the Way Forward, or Simply Add to the
    • Abstract: Hoyle, Arthur
      The ease with which digitally stored information can be precisely duplicated has meant that the traditional methods of protection from, and even detection of, unauthorised dealing with the property of others, have proven ineffective. The 'Napster experience' has resulted in a very different view being taken by both sides of the issue of freedom to copy what is published on the internet - those who wish to preserve their economic interests through application of the traditional Intellectual Property (IP) law and who have resorted to the courts for the full range of redress; and those who seek to subvert those interests from a political, economic or anarchic view have sought to do so by exploiting the unsuitability of the present IP law, and copying almost at will. The result, and this is as unprecedented as the very issue before the courts, has been that, far from seeing one side victorious (and the law then decided in a relatively straightforward manner), the two sides have in fact each given ground, and a new digital paradigm has emerged. This has arguably left the fundamental issues unresolved, and in doing so has not only sowed the seeds of more discontent amongst all parties involved, but has exposed the traditional owners of music copyrights (and which are seldom the creators themselves) to unprecedented attacks by those creators (be they the songwriters or the performers themselves), and their fans. The emerging issue is that of whether the attempt to utilise the full range of IP law protection represented by the Napster action has failed, and whether in doing so, this has necessitated a thorough re-thinking of the whole issue, with the very real possibility that this will usher in a new and fundamentally different paradigm - one in which economic pragmatism overrides the exercise of legitimate legal IP rights.

      PubDate: Thu, 17 Feb 2011 10:52:57 GMT
  • Volume 11 Issue 2 - On-line Delivery of Education: Copyright Issues in
    • Abstract: Mendes, Philip
      This article examines the legal environment within which this dilemma has to be resolved. It then assesses the appropriateness of a university claiming or asserting ownership of copyright in teaching materials. Finally, the author offers a model that might provide a solution to the dilemma, that is consistent with the legal environment, consistent with the interests of academic staff, and which provides a framework that facilitates universities achieving their objective of on line delivery of courses.

      PubDate: Thu, 17 Feb 2011 10:52:57 GMT
  • Volume 11 Issue 2 - The Copyright Act in the Digital Age
    • Abstract: Sainsbury, Maree
      The Copyright Amendment (Digital Agenda) Act was passed to deal with the inability of the Copyright Act to deal with the digital environment. The article examines the provisions of the Digital Agenda Act and the progress which they make towards ensuring that the Copyright Act is equipped to protect the copyright owner in an on-line environment. It also discusses the remaining gaps in protection and areas of uncertainty.

      PubDate: Thu, 17 Feb 2011 10:52:57 GMT
  • Volume 11 Issue 2 - Injunctions v Damages (The Age of the Internet) Old
           Battle of Remedies Revisited
    • Abstract: Kohl, Uta
      The Internet raises many challenges to existing laws. However, there has not been much attention devoted to the issue of remedies. In this new digital environment we may find that extraordinary remedies such as an injunction, may need to be re-examined and reassessed. This article looks at some of the policies and practical implications involved in deciding the most appropriate remedies for a Digital Age.

      PubDate: Thu, 17 Feb 2011 10:52:57 GMT
  • Volume 11 Issue 2 - Contractual Risk and Internet Commerce
    • Abstract: Reid, Kate
      This article uses a risk management approach to analyse a number of contractual risks that affect businesses that conduct Internet commerce. Collectively, these contractual risks are referred to in this article as the risk that a business through the course of its Internet commerce dealings may become contractually bound to terms unintentionally ('contractual risk'). This contractual risk arises in five contexts in relation to Internet commerce: (i) Where a business's marketing and promotional activities (whether through the web or by e-mail) constitutes making an 'offer' rather than an 'invitation to treat'; (ii) Where a business's purported withdrawal of an 'offer' to a customer is precluded because the business's 'offer' has been accepted by a customer; (iii) Where during the course of negotiating the terms of an Internet transaction a 'battle of the forms' situation arises such that a customer's terms override the business's; (iv) Where the terms of the contract negotiated between a business and a customer are altered by erroneous transmission; and (v) Where the business's computer software used for conducting Internet commerce is erroneously programmed or malfunctions so it makes or accepts offers in circumstances unauthorised by the business. Risk management analysis indicates that the risk is a moderate risk, that is, failure to manage this contractual risk could expose a business to considerable loss. A business conducting Internet commerce, however, can take steps to manage this risk using risk management strategies such as those put forward in this article. At a theoretical level this article demonstrates that it is useful and legitimate to use risk management methodology in the context of legal risk. More specifically, in relation to Internet commerce, this article has practical significance as it analyses and provides risk management strategies for dealing with the one of the contractual risks associated with conducting Internet commerce.

      PubDate: Thu, 17 Feb 2011 10:52:57 GMT
  • Volume 15 Teaching CyberLaw Down Under [Book Review]
    • Abstract: Clark, Eugene
      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 15 Advancing the Theory and Practice of Knowledge Management in an
           Information Age [Book Review]
    • Abstract: Clark, Eugene
      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 15 Geographic Information Science: Mastering the Legal Issues [Book
    • Abstract: Clark, Eugene
      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 15 An Introduction to Jurisdictional Issues in Cyberspace
    • Abstract: Svantesson, Dan
      Imagine a state proclaiming that it will claim jurisdiction over, and apply its laws to, any website that can be accessed from a computer located in its territory. The response would perhaps be outrage from some. Others would point to the ineffective nature of such a rule, and yet others would perhaps view the model as infeasible. Indeed, when the Advocate-General's office of Minnesota in the mid 90's issued a statement that: '[p]ersons outside of Minnesota who transmit information via the Internet knowing that information will be disseminated in Minnesota are subject to jurisdiction in Minnesota courts for violations of state criminal and civil laws', it was met with strong criticism. Against this background, persons unfamiliar with private international law (or as the discipline is referred to in common law systems, conflict of laws) might be surprised to find that many, not to say most, states' private international law rules do in fact provide for jurisdictional claims over any website that can be accessed in its territory, in relation to a wide range of legal matters. Similarly, many, not to say most, states' private international law rules do provide for the court to apply the law of the state where the court is located in many situations where jurisdiction is being exercised over a foreign website. This article examines the issues associated with the application of private international law to online activities. In doing so, the four interconnected elements of private international law; jurisdiction, choice of law, the courts' option of declining jurisdiction and recognition and enforcement are examined. Examples and experiences are primarily drawn from Australia, and particular focus is placed on the Internet defamation dispute between US publishing giant, Dow Jones and Company Inc, and Victorian businessman, Joseph Gutnick. However, non-Australian materials, particularly from the European Union (i.e. community instruments), the People's Republic of China and the United States of America, are relied upon.

      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 15 Doctors, Devices and Defects: Product Liability for Defective
           Medical Expert Systems in Australia
    • Abstract: Hynes, Paul F
      Australia is committed to the adoption of electronic decision support (Medical Expert Systems or MES) as a vehicle for the reduction of medical error. The take up of these technologies, however, will depend in part on the balance achieved by the law, between the appropriate regulation of such technologies and the extent to which manufacturers and developers may face direct liability for injuries associated with their use. Presently, manufacturers of such systems may face strict liability under Australia's product liability laws for injury caused by 'defective goods'. As 'medical devices', such systems are also regulated under the Australian therapeutic goods regime. For a number of historical and interpretational reasons, product liability provisions are unlikely to provide an effective cause of action in relation to MES. This is because computer systems and the information contained within them are not easy to characterise as 'goods', the question of whether software defects are manufacturing or design defects, difficulties in determining whether a defect arose before or after supply, and the issue of whether reliance on information (mediated or otherwise) can itself be said to be a proximate cause of injury. This paper takes the view that were product liability laws to have operation, it is unlikely to be such as to impose strict liability on the manufacturers of MES for design defects. A regulatory balance may, however, be achieved through legislative regime regulating the use of therapeutic goods. This regime is not affected in its operation by the interpretational difficulties referred to above in connection with product liability, and allows for the assessment of the devices on the basis of the purpose for which, and the conditions under which, the devices were intended to operate.

      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 14 A Comment on Software, Patents, Innovation and Openness
    • Abstract: Hughes, Anton
      The history of intellectual property protection in computer software reveals a unique experiment whereby all possible paradigms of protection have been tried. This article looks at whether the current trend towards unfettered patenting of software is likely to succeed where other paradigms have failed. An analysis of the rationales of the patent system and the nature of innovation in the software industry reveals that the balance has been poorly struck, with open source software projects being particularly vulnerable. Given that the problems which exist are due to the unique nature of the software industry, the author looks at ways in which industry-specific reforms can be approached.

      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 14 Reverse Engineering of Software: Copyright and Interoperability
    • Abstract: Abbot, John
      Computer programs are protected under copyright law in most developed countries. Software piracy, resulting from outright copying of a substantial part of software code, will generally be an infringement of copyright. More problematical and contentious issues can arise when software is copied with the intention of producing interoperable or competing products through a process of reverse engineering the original software. This can often be the only way the underlying ideas in computer programs can be revealed, particularly when the software is made available only in machine-readable object code. Issues involving reverse engineering and copyright infringement have been most developed in the United States, where a liberal approach has been taken, under the doctrine of copyright fair use. Under US law, existing software can be copied and reverse engineered to enable compatible and competing programs to be developed, provided that a competing product can be regarded as 'transformative'. Other jurisdictions, including the EU and Australia, have introduced specific legislation to provide narrow exceptions to copyright infringement of software, through reverse engineering, but only to accommodate interoperability. In other countries, including Japan, Canada and Singapore, the legislative framework is less developed, leaving issues involving reverse engineering and copyright to be resolved under existing fair dealing laws.

      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 13 E-commerce Law: National and Transnational Topics and
           Perspectives [Book Review]
    • Abstract: Clark, Eugene
      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 13 Superhighway Robbery: Preventing E-commerce Crime, (Crime
           Science Series) [Book Review]
    • Abstract: Moylan, Sarah
      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 13 Moral Rights and Their Application in Australia [Book Review]
    • Abstract: Nicol, Dianne
      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 13 Dot.cons: Crime, Deviance and Identity on the Internet [Book
    • Abstract: Moylan, Sarah
      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 13 Intellectual Property Commentary and Materials [Book Review]
    • Abstract: Nicol, Dianne
      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 13 Intellectual Property Commercialisation - a Business Manager's
           Companion [Book Review]
    • Abstract: le Goy, Christie; Nicol, Dianne
      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 13 Towards a More Innovative Australia [Book Review]
    • Abstract: Clark, Eugene
      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 13 P2P Technology on Trial Again: The Grokster and Streamcast Cases
    • Abstract: Lee, Catherine
      Most internet users have probably heard of the terms 'MP3', 'peer-to-peer', 'Napster' and 'Kazaa'. Together these concepts allowed internet users to download high quality files of their favourite songs or movies free of charge. They also provided a nightmare for the music and movie industries as such behaviour deprives them of millions of dollars from CD and video sales. But the entertainment industry has not taken these technological developments lying down - they have launched numerous copyright infringement actions against the networks who enable users to share copyright material with others. This article will explain the legal ramifications of adopting different infrastructures for file sharing systems as appeared in the latest legal battle in the United States between the entertainment industry and file sharing programs. It will commence by describing the Napster system, the pioneer of peer-to-peer networks, and then analyse the recent decision in the litigation between the entertainment industry and the Grokster and StreamCast networks. Finally, it will discuss how the case might have been decided if it were heard in Australia.

      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 13 Downloading Music Off the Internet: Copyright and Privacy in
    • Abstract: Richardson, Megan
      Since the development of cheap and simple tape recording technology in the seventies and eighties of the last century, copyright law has struggled to reach a balance between persons wishing to tape copyright material for their own personal use and owners of the copyright material who claim that this is breach of copyright. With the development of peer-to-peer copying on the internet, which allows for the downloading of perfect copies, the issue has become more urgent and more complex. The article follows developments in the battle by music companies in particular to prevent private copying of their copyright material from the internet and the threats to privacy which have resulted. Recently, the companies have targeted individuals who have been involved in frequent copying and sued them for breach of copyright with the aim of publicising the breach of copyright involved in such copying and to deter others. They have hoped that through successful court actions they may be able to convince the public that private copying off the internet is a serious breach of their rights. Two threats to privacy have resulted from the companies' actions. First, they have subpoenaed internet service providers to release information about customers who have used the internet to breach copyright. Secondly, they have sought to publicise cases against those whom they have sued as serious violators in order to shame them and to make the case against private copying. The article discusses the moral and legal arguments for and against these threats to privacy, concluding that compelling internet service providers to provide evidence about the activities of their customers does not infringe privacy rights to a disquieting extent but that using evidence gained by such methods to name and shame offenders may be a misuse of the discovery process.

      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 13 Monitoring Employees' Email and Internet Use at Work - Balancing
           the Interests of Employers and Employees
    • Abstract: Wheelwright, Karen
      The increased use of email and the internet in the workplace raises important legal questions for workers and employers. The purpose of this paper is to explore some of the legal implications of use by employees of workplace email and internet systems, with particular focus on employer monitoring of the use of email and internet and its implications for employee privacy.

      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 13 Software Forensics: Extending Authorship Analysis Techniques to
           Computer Programs
    • Abstract: MacDonell, Stephen G; Buckingham, Donna; Gray, Andrew R; Sallis, Philip J
      Software forensics is the analysis of the syntactic, structural and semantic form of software in order to identify, characterise and discriminate between the authors of software products for some legal purpose. Determining software authorship may be important in several contexts: civil litigation involving allegations of software theft or plagiarism or apportioning liability for software failure; criminal litigation in relation to computer fraud or software attacks on computer systems using viruses and other similar means. Our focus is on forensic analysis of software source code, the structured English-like implementation of the algorithm selected to undertake the task at hand. We use a fictionalised version of a recent case to illustrate the potential of software forensics to provide evidence and also review in detail the judicial reception of such material.

      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 13 An Essay on the Eligibility of Business Methods for Australian
           Patent Protection
    • Abstract: Brennan, David J
      This essay discusses the characterisation in Australian patent law of business methods (which generally involve information technology) as 'manners of new manufacture'. It will examine whether this characterisation is consistent with the historical scope of the 'manner of new manufacture' concept, and whether it is desirable as a matter of economic policy.

      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 12 Issue 2 - E-government and Its Implications for Administrative
           Law, Regulatory Initiatives in France, Germany, Norway and the United
           States [Book Review]
    • Abstract: Clark, Eugene
      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 12 Issue 2 - Copyright Limitations and Contracts: An Analysis of
           the Contractual Overidability of Limitations on Copyright ; Intellectual
           Property in the Digital Age: Challenges for Asia [Book Review]
    • Abstract: Clark, Eugene
      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 12 Issue 2 - Regulatory Models for the Online World [Book Review]
    • Abstract: Clarke, Tim
      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 12 Issue 2 - When Global Highways Intersect Local Laws: Defamation
           via the Internet - 'Dow Jones and Company Inc v Gutnick' [2002] HCA 56
    • Abstract: Clark, Eugene; Puig, Gonzalo Villalta
      The key aspects and features of the case of Dow Jones and Company Inc v Gutnick [2002] HCA 56 are discussed. The Gutnick decision represents one attempt by one part of the legal system to deal with the challenges that the Internet poses for the legal system as a whole.

      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 12 Issue 2 - Proof Analysis of the Performance of China's Patent
    • Abstract: Liu, Hua; Xiao, Hong-Rong
      On the basis of a theoretical demonstration of a legal system's utility, this paper makes an overall evaluation of the dynamic utility of China's patent system since its establishment. The proof analysis shows that there is a connection between the utility of a patent system and the degree to which China has developed: there is a close correlation between the number of patent grants and the GDP of a nation. In addition, utility models and designs have had a remarkable impact on China's economic growth, while the impact of inventions has been limited. The authors suggest that the present emphasis on the perfection of China's patent system and other relevant policies should be shifted towards innovative high technology. It is also essential to improve the commercial environment in which patent technology is utilised.

      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 12 Issue 2 - Recent Developments in Australian Spam Law
    • Abstract: Malcolm, Jeremy
      The article examines recent legal responses to bulk email, especially bulk commercial email (spam) in Australia and considers the current remedies which may be available against spammers, both common law and statute. First, it considers the recommendations of the National Office for the Information Economy on the problem of spam and the response of the Internet Industry Association to the problem. It also considers the extent to which the transmission and content of spam is regulated under existing legislation such as the Trade Practices Act, the Corporations Law, the Privacy Act, the Broadcasting Services Act and the Criminal Code Act. After noting the position in the United Sates and Europe, the article considers Australian case law. It analyses torts and contracts remedies which may be available against spammers and which spammers may be able to use against persons who attempt to block or encourage others such as ISPs to block the receipt of spam. In its conclusion, the article suggests how the law and the information industry should deal with spam.

      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 12 Issue 2 - Domain Names in Australia - Legal and Contractual
           Dispute Resolution
    • Abstract: Bradfield, Owen
      With the increasing use of the Internet in both public and private life, there is increasing competition for domain names. This has led to disputes concerning the rights of parties to particular domain names, and discussion as to the precise relationship between domain names and trademarks. Recently, .au Domain Administration (auDA) assumed the rights to administer Australian domain names and, in August 2002, established an Australian dispute resolution policy (auDRP) for domain name registration. This represented an extension of the American-based Uniform dispute resolution policy (UDRP) that had been in force in Australia for some time. However, the impact of these changes to dispute resolution in Australia remains to be realised, particularly since there has been little judicial comment on domain names in Australia.

      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 12 Issue 2 - Recent Developments in Chinese Intellectual Property
    • Abstract: Feng, Xiaoqing
      Since 1978, when it began its policy of reform and opened its economy to the outside world, China has increasingly emphasised the protection of intellectual property. This article deals with two aspects of Chinese intellectual property law, which have developed in response to the information revolution, the protection of layout-designs for integrated circuits and the extension of copyright protection to transmission over information networks. Intellectual property protection of layout-design poses some specific problems. In many jurisdictions, including China, patent and copyright protection has been found inadequate, leading to legislation providing intellectual property protection tailor-made for layout designs. The article examines the Chinese legislation, looking at issues such as the requirement of originality, the scope of and entitlement to exclusive rights of commercial exploitation and limits on those rights, registration, and liability for breach. The article also compares some provisions of the legislation with relevant articles of the TRIPS Agreement. The second part of the article deals with recent Chinese legislation giving copyright owners a right of transmission of copyright information on networks, including the Internet, television, telephone and mobile telephone networks. The article also considers the protection the legislation gives to technical measures designed to protect copyright and to protect electronic information as to the ownership and management of rights attached to recordings such as sound and video recordings. The rights given by the Chinese law are compared with the provisions of some of the WIPO treaties.

      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
  • Volume 12 Issue 2 - Legal Issues Relating to Free and Open Source Software
    • Abstract: Fitzgerald, Brian; Bassett, Graham
      The paper examines many of the legal issues surrounding free and open source software and the licensing arrangements used to ensure that it remains free and open. First, the paper contrasts proprietorial software licensing which aims to protect the developer's intellectual property monopoly in the software for reasons of commercial gain, with non-proprietorial software licensing which is developed by communities of programmers for little commercial gain. Then it looks at two types of non-proprietorial software licences, free and open source, examining the tension between the two and setting out the terms of various free and open source licences in table form. Finally, the article considers some of the legal issues relating to free and open source licensed software, such as the viral nature of free software, the point at which one is contractually bound by an open source licence, and some jurisdictional and choice of law problems which are likely to arise in the future with respect to the enforcement of free software licences. The second part of the paper is the transcript of proceedings at a seminar at Santa Clara University on legal and commercial difficulties relating to open source software. The first contributor was Larry Rosen, a lawyer and executive director of Open Source Initiative who analysed the differences between free and open source software before considering some of the legal problems to which free and open source software licences give rise. He was followed by David Schellhase, an inhouse lawyer for a Linux services company, who compared the legal problems faced by a company working with open source software to those faced by a company working with proprietary software. Yancy Lind, a business man, then considered the difficulties faced by companies trying to make open source software commercially successful. Bill Lard a lawyer who is responsible for Sun Microsystems' technology licensing strategy, then spoke about the place of public licensing in the industry in general and in Sun's licensing strategy in particular.

      PubDate: Thu, 17 Feb 2011 09:55:21 GMT
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