14,426 research outputs found

    Girt by sea: understanding Australia’s maritime domains in a networked world

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    This study aims to provide the background, language and context necessary for an informed understanding of the challenges and dilemmas faced by those responsible for the efficacy of Australia’s maritime domain awareness system. Abstract Against a rapidly changing region dominated by the rise of China, India and, closer to home, Indonesia, Australia’s approaches to understanding its maritime domains will be influenced by strategic factors and diplomatic judgements as well as operational imperatives.  Australia’s alliance relationship with the United States and its relationships with regional neighbours may be expected to have a profound impact on the strength of the information sharing and interoperability regimes on which so much of Australia’s maritime domain awareness depends. The purpose of this paper is twofold.  First, it seeks to explain in plain English some of the principles, concepts and terms that maritime domain awareness practitioners grapple with on a daily basis.  Second, it points to a series of challenges that governments face in deciding how to spend scarce tax dollars to deliver a maritime domain awareness system that is necessary and sufficient for the protection and promotion of Australia’s national interests

    A TRAGEDY OF THE PUBLIC KNOWLEDGE ‘COMMONS’? Global Science, Intellectual Property and the Digital Technology Boomerang

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    Radical legal innovations in intellectual property protection have been introduced by the little noticed European Database Directive of March 1996. This initiative, part of the larger institutional transformations initiated in response to the economic ramifications of rapid progress in digital information technologies, poses numerous contentious issues in law and economics. These are likely to create ambiguities for business and non-profit activities in this area for years to come, and the terms on which those issues are resolved will materially affect the costs and organizational feasibility of scientific projects that are of global reach and significance. This is the case especially in fields such as geology, oceanography and climatology, which depend heavily upon the collection, management and analysis of large volumes of observational data that cannot be regenerated. More generally the conduct of open, collaborative science – along with many of the benefits that flow from it for the developed and the developing economies alike – may be seriously jeopardized by the consequences of the new database protections. This raises the spectre of a new and different “tragedy of the commons,” one created by continuing the unbalanced pressure to extract greater economic rents by means of controlling access to information. “Over-fencing,” which is to say, the erection of artificial cost barriers to the production of reliable public knowledge by means of reliable public knowledge, threatens the future of “the public knowledge commons” that historically has proved critically important for rapid advance in science and technology. The paper sets out the economic case for the effectiveness of open, collaborative research, and the forces behind the recent, countervailing rush to strengthen and expand the scope of intellectual property rights protection. Focusing upon innovations in copyright law and the sui generis protection of hitherto unprotected content, it documents the genesis and analyzes the economic implications of the EC’s Database Directive, and related legislative proposals (H.R. 3125, H.R. 354 and H.R. 1858) in the US. The discussion concludes by advancing a number of modest remedial proposals that are intended to promoted greater efforts to arrive at satisfactory policy solutions for this aspect of “the digital dilemma.”intellectual property rights, copyright, sui generis protection of expressive material, economics of information-goods, open science, “fair use,” scientific databases.

    Tragedy of the Public Knowledge 'Commons'? Global Science, Intellectual Property and the Digital Technology Boomerang

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    Radical legal innovations in intellectual property protection have been introduced by the little noticed European Database Directive of March 1996. This initiative, part of the larger institutional transformations initiated in response to the economic ramifications of rapid progress in digital information technologies, poses numerous contentious issues in law and economics. These are likely to create ambiguities for business and non-profit activities in this area for years to come, and the terms on which those issues are resolved will materially affect the costs and organizational feasibility of scientific projects that are of global reach and significance. This is the case especially in fields such as geology, oceanography and climatology, which depend heavily upon the collection, management and analysis of large volumes of observational data that cannot be regenerated. More generally the conduct of open, collaborative science - along with many of the benefits that flow from it for the developed and the developing economies alike - may be seriously jeopardized by the consequences of the new database protections. This raises the spectre of a new and different "tragedy of the commons," one created by continuing the unbalanced pressure to extract greater economic rents by means of controlling access to information. "Over-fencing," which is to say, the erection of artificial cost barriers to the production of reliable public knowledge by means of reliable public knowledge, threatens the future of "the public knowledge commons" that historically has proved critically important for rapid advance in science and technology. The paper sets out the economic case for the effectiveness of open, collaborative research, and the forces behind the recent, countervailing rush to strengthen and expand the scope of intellectual property rights protection. Focusing upon innovations in copyright law and the sui generis protection of hitherto unprotected content, it documents the genesis and analyzes the economic implications of the EC''s Database Directive, and related legislative proposals (H.R. 3125, H.R. 354 and H.R. 1858) in the US. The discussion concludes by advancing a number of modest remedial proposals that are intended to promote greater efforts to arrive at satisfactory policy solutions for this aspect of "the digital dilemma."economics of technology ;

    An Inference about Interference: A Surprising Application of Existing International Law to Inhibit Anti-Satellite Weapons

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    This article presents a thesis that most readers will find surprising, in an effort to develop a novel, simultaneous solution to three urgent, complex problems related to outer space. The three problems are: a) the technical fact that debris in outer space (the accumulated orbital junk produced by decades of space activities) has grown to present a serious hazard to safe and effective exploration and exploitation of space; b) the strategic fact that many countries (notably the United States, China and Russia, but others, too) continue to demonstrate a misguided interest in pursuing anti-satellite weapons, which can jeopardize the security of space; and c) the political fact that attempts to provide additional legal regulation of outer space (via new bilateral or multilateral international agreements) have failed, with little prospect for prompt conclusion of meaningful new accords. The proposed solution is to adapt existing international law in an unforeseen way. Specifically, numerous current and historical arms control treaties provide for verification of parties’ compliance via “national technical means” (NTM) of verification, which prominently include satellite-based sensory and communications systems. These treaties routinely provide protection for those essential space assets by requiring parties to undertake “not to interfere” with NTM. The argument developed here is that additional tests in space of debris-creating anti-satellite weapons would already be illegal, even without the conclusion of any dedicated new treaty against further weaponization of space, because in the current crowded conditions of space, a new cloud of orbital debris would, sooner or later, impermissibly interfere with NTM satellites. If sustained, this thesis can provide a new rationale for opposition to the development, testing, and use of anti-satellite weapons. It a legal reinforcement for the political instincts to avoid activities that further undercut the optimal usability of outer space, and it demonstrates how creative re-interpretation of existing legal provisions can promote the advancement of the rule of international law, even in circumstances where the articulation of new treaties is blocked

    Toward Implementation of the Global Earth Observation System of Systems Data Sharing Principles

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    This White Paper reviews the background issues for implementing the GEOSS Data Sharing Principles and recommends Implementation Guidelines to ensure the strongest possible framework for data sharing, consistent with both the spirit and the “letter” of the Principles. As recognized by the 10-Year Implementation Plan, “ensuring that such information is available to those who need it is a function of governments and institutions at all levels.” It is therefore incumbent on governments and institutions participating in GEOSS to continue to develop and implement appropriate policies and procedures that enable and support the GEOSS Data Sharing Principles in fair and effective ways. The implementation approaches discussed here are intended to facilitate this process

    Imagery and Expectations for International Disaster Response

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    This Article examines the development and contributions of the Charter on Cooperation to Achieve the Coordinated Use of Space Facilities in the Event of Natural or Technological Disasters (Charter). As a voluntary mechanism among spacefaring nations and transnational entities, the Charter provides remote sensing data and information for international disaster response efforts. Over the past fifteen years, the Charter members have continued to contribute and cooperate in an effective manner, in spite of increasing legislative and economic controls over the access and distribution of data at the State level. This Article finds that the behaviors of Charter members largely fall outside of traditional, geopolitical rationales over security and commercial interests, and argues that the guiding dynamics of the Charter stem from a historical construct of actions and ideals from actors within scientific and technical communities. Drawing from normative concepts within international relations theory, the Article concludes that the Charter has become a progressive case for the potential influence of non-binding legal frameworks on interstate cooperation

    Can ‘Open Science’ be Protected from the Evolving Regime of IPR Protections?

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    Increasing access charges and transactions costs arising from monopoly rights in data and information adversely affect the conduct of science, especially exploratory research programs. The latter are widely acknowledged to be critical for the sustained growth of knowledge-driven economies, but are most efficiently pursued in the “open science” mode. In some fields, informal cooperative norms of behavior among researchers– in regard to the sharing of timely access to raw data- steams and documented database resources – are being undermined by legal institutional innovations that accommodate the further privatising of the public domain in information. A variety of corrective measures are needed to restore proper balance to the IPR.
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