An Investigation into the Australian Position on Software Copyright

Copyright Is the primary means most software authors seek to protect their software. Software, that is work (the ordered expression of thought) put into some tangible form (such a being written down, stored in a computer, programs, data and distributed files) is a truly international product. Where does this copyright protection come from? The current governing laws in Australia are the Australian Copyright Act of 1968 (Cwlth) and the Australian Copyright Amendments Act 1984 (Cwlth) which afford copyright protection to computer software. In copyright law, a number of words and terms have specialised meanings, which are different to their meanings in everyday language. These terms are important for determining the scope of copyright law. Including the types of material that are protected by copyright and the types of activities that infringe copyright, they are examined in this thesis. In Australia, copyright protection to is relatively easily, cheap and has been designed so as to be a powerful deterrent to software pirates, in many nations it is completely automatic. Yet independent research conducted by the Business Software Association of Australia (see Chapter 2) estimated that total losses to the software industry from software piracy In Australia in 1992 could have been as high as $400 million dollars. On this basis alone the clarification of how copyright is applied to afford protection to computer software is a worthy undertaking. Copyright experts around the world are debating, discussing, conferencing, writing and publishing their views on the direction that copyright law must take to meet the challenges posed by the new modes of communication. The only thing that can be agreed upon is that technology has outpaced the effectiveness of the Australia\u27s Software Copyright Laws. Part of this debate today is not about the need for copyright to cover authors from abuse of their work it is about whether software copyright stretches far enough to protect the rights of the authors. In an Australian context this poses the questions: • \u27What Is the Australian position on Software Copyright? • \u27What is the Australian position on Software Copyright in the advent of the Information Age? • How effective are these positions? • How will these positions stand up to challenges? This thesis, the result of extended descriptive research activity examines these questions in detail. Additionally H considers how the recommendations of the Australian Copyright Law Review Committee for changes to the Australian Copyright Act of 1968 (Cwlth) to afford suitable protection to software and computer programs If enacted in legislation will alter Australia\u27s current position on Software Copyright and impact on the future of the copyright doctrine

A model and framework for online security benchmarking

The variety of threats and vulnerabilities within the online business environment are dynamic and thus constantly changing in how they impinge upon online functionality, compromise organizational or customer information, contravene security implementations and thereby undermine online customer confidence. To nullify such threats, online security management must become proactive, by reviewing and continuously improving online security to strengthen the enterpriseis online security measures and policies, as modelled. The benchmarking process utilises a proposed benchmarking framework to guide both the development and application of security benchmarks created in the first instance, from recognized information technology (IT) and information security standards (ISS) and then their application to the online security measures and policies utilized within online business. Furthermore, the benchmarking framework incorporates a continuous improvement review process to address the relevance of benchmark development over time and the changes in threat focus.<br /

Hail to the thief: a tribute to Kazaa

THIS PAPER CONSIDERS THE ONGOING LITIGATION against the peer-to-peer network KaZaA. Record companies and Hollywood studios have faced jurisdictional and legal problems in suing this network for copyright infringement. As Wired Magazine observes: “The servers are in Denmark. The software is in Estonia. The domain is registered Down Under, the corporation on a tiny island in the South Pacific. The users—60 million of them—are everywhere around the world.” In frustration, copyright owners have launched copyright actions against intermediaries—like against Internet Service Providers such as Verizon. They have also embarked on filing suits against individual users of file-sharing programs. In addition, copyright owners have called for domestic- and international-law reform with respect to digital copyright. The Senate Committee on Government Affairs of the United States Congress has reviewed the controversial use of subpoenas in suits against users of file-sharing peer-to-peer networks. The United States has encouraged other countries to adopt provisions of the Digital Millennium Copyright Act 1998 in bilateral and regional free-trade agreements

Why tracing a locality's networked governance is worthwhile

The transition from government to governance brings about a shift in performance evaluation. The focus can no longer be on an individual entity, but must extend into considering how a collective of government and non-government institutions achieves the outcomes sought. How can this evaluation task proceed? While applying the formal methods of social network analysis (SNA) to measuring, analysing and managing networked governance may seem obvious to some, such a solution seems to have been avoided over many decades. SNA tools that non-experts can use have been released in recent past, providing opportunities in learning-by-doing among practitioners and scholars with responsibilities or interests in public sector management. The overarching aim in this paper is to promote adoption of an open-source software tool - NodeXL - as one pathway toward understanding and improving networked governance situations, and toward communicating results to others. It begins by establishing three areas of information needs held by Australia's local governments, where undertaking a pilot study could be useful. They are, local government's real positioning with other decision-makers in the networked governance that is Australian federalism; world better practice in risk governance, given the significant exposure of Australian councils to natural disaster events; and measuring change over time in governance capital, as a component in the capitals approach to measuring sustainable development. Establishing functional and spatial boundaries was a key step in design, with the choice being environment protection and natural resources management in the 350km2 catchment area of the Wonboyn Lake estuary on the far south coast of New South Wales. A Web search of documents containing the terms 'Wonboyn Lake' or 'Wonboyn River' then followed. One hundred and twenty nine documents were retrieved. Analysing their contents led to identifying over two hundred institutional actors either transmitting or receiving knowledge relevant to the locality. Some 420 communications taking place between 1967 and 2011 were identified, and tagged according to year of transmission. The decision-making level within which each institutional actor operated; and whether industry, regulator, external researcher or stakeholder were other characteristics recorded. A 421 x 2 matrix of Wonboyn data was then pasted into the NodeXL template operating on MS Excel 2007/2010. Resource materials downloaded from the Web supported the learning-by-doing element of the pilot study. Four visualisations on networked environmental governance are provided. The first shows unmodified data as a graph in random layout. Its purpose is to provide a benchmark against which some of the SNA procedures available for analysing data can be compared. Then follow three graph layouts, each designed to meet the areas of information need established at the study's beginning. Results suggest, in the author's opinion, any time invested in learning-by-doing with NodeXL will reward those wishing to understand, manage and communicate the complexity that is networked governance. Suggestions on how the Australian Centre for Excellence in Local Government, and practitioners in local councils, could be early adopters of this innovation by using data already available to them are offered, so that they may undertake similar pilot studies

The 2009 analysis of information remaining on USB storage devices offered for sale on the second hand market

The use of the USB storage device, also known as the USB drive, a thumb drive, a keychain drive and a flash drive has, for the most part, replaced the floppy disk and to some extent the Compact Disk (CD), the DVD (Digital Video Disk or Digital Versatile Disk) and the external hard disk. Their robustness, size and weight make them easy to transport, but also to lose or misplace. They are inexpensive and are often given away as promotional items by organisations. Over the last few years there has been a dramatic increase in the storage capacity of these devices, going from a few tens of megabytes to a current capacity of around 64 gigabytes (equal to around 13 DVDs). The larger capacity and continued low cost has vastly increased the potential uses of the devices and also the volumes and types of data that they may contain

Introducing Inventiveness into the Patent System: Submission to the Review of the National Innovation System

Because of the potential impact of the patent system on innovation diffusion, particularly on continuous and/or incremental innovation, patent policy should be of central importance to the review of the national innovation system. Substantial empirical evidence shows that most industrial innovations are not induced by the patent system. Even in very large markets, such as the USA, only a minority of patents are likely to be induced by the patent system. To the extent that patents do induce innovations, it is the inventiveness of the innovation which gives rise to possible social benefits (externalities, mainly in the form of knowledge spillovers) which may offset the costs of a patent system and thus give rise to a net economic benefit. On the basis of this evidence about the inducement effect of the patent system, and evidence on the current very low inventiveness standard for patent grant, policy proposals are put forward to re-introduce inventiveness into the patent system, thus making it potentially welfare-enhancing. These proposed changes would also have a major impact in ameliorating the negative impact of the patent system on continuous/incremental innovation

Technology, privacy and identity: a Hong Kong perspective

This article explores the concepts of privacy and identity in Hong Kong in relation to the law relating to data protection. It first considers the notions of privacy and identity in the light of Hong Kong's socioeconomic situation and recent postcolonial heritage. It then highlights the importance of identity management and considers the distinctions and overlaps between identity management and privacy protection. With this conceptual framework in mind, the article then considers the various laws in Hong Kong pertaining to data protection, with a focus on the aspects relating to identity management. It observes that while there is some legal protection in respect of the data relating to an individual's identity, there are other priorities which may take precedence in determining the extent of identity management under the legal system in Hong Kong. Finally, recommendations are made as to how to improve identity management within the context of data protection in Hong Kong