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PWSLineage
Alex Dragulescu
This is one of a series of
digitalised visualizations of worms, viruses,
trojans and spyware code (http://www.sq.ro/malwarez.php).
Disassembled code, API calls, memory addresses and subroutines
were tracked and analyzed, and their frequency, density and
groupings mapped onto an algorithm that grew a virtual 3D
entity. The patterns and rhythms found in the data drive create
the configuration of the artificial organism.
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| Editorials |
- News from the SCRIPTed Offices
Shawn H. E. Harmon, pp.194-196
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- National and Global Dimensions of Public Rights in
Copyright
Graham Greenleaf and David
Vaile, pp.197-200
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- The Lessons of the Past: C Subramania Bharati and the
Nationalisation of Copyright
Mira T. Sundara Rajan, pp.201-206
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| Reviewed Articles |
- The Software Patent Thicket: A Matter Of Disclosure
Rosa Maria Ballardini, pp.207-233
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The high complexity of software
products, as well as the increased number of intellectual
property rights in the field, has created a dense thicket of
overlapping patent claims that companies must navigate in order
to operate in the sector. The lack of relevant prior art and the
abstract nature of the software patent claims are the major
causes of overlapping patents in the field. However, efforts
have thus far been concentrated merely in improving the prior
art repositories. The abstract nature of the patent claims and
the disclosure concerns deriving from that have, however, not
yet received sufficient attention.
This article pursues this subject, first by investigating the
reasons for, and consequences of, overlapping IP rights in
software-related patents. This analysis suggests that
overlapping problems and, thus, the software patent thicket,
cannot be effectively reduced unless issues related to
abstraction and disclosure are addressed. On the basis of this,
a more detailed description of the programme - including
flowcharts, pseudocodes and, when necessary, parts of the source
code - might be an essential requirement to be added to the
description of the invention in natural language.
- Open Access to Journal Content as a Case Study in
Unlocking IP
Roger Clarke and Danny Kingsley, pp.234-258
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The Internet has brought with it
both means to disseminate and access content, and an enhanced
expectation that content will generally be readily accessible.
This has threatened entrenched for-profit activities, which have
long prospered on closed, proprietary approaches to publishing,
facilitated by anti-consumer provisions in copyright laws. The
ePrints and Open Access (OA) movements have been complemented by
the emergence of electronic repositories in which authors can
deposit copies of their works. The accessibility of refereed papers published in journals
represents a litmus test of the extent to which openness is
being achieved in the face of the power of corporations whose
business model is dependent on the exploitation of intellectual
property (IP). A specification of the requirements for
"Unlocking IP" in refereed papers is presented and applied,
leading to the conclusion that a great deal of progress appears
to have been made. The copyright arrangements applied by most
publishers enable authors to self-deposit PrePrints of their
papers on their own web-sites and in open repositories; and in
many cases authors can also self-deposit the PostPrint, i.e. the
author's copy of the final version.
The theoretical success of the OA, ePrints and repositories
movements has not - or at least not yet - resulted in success in
practice. This is because only a small proportion of papers are
actually self-deposited, and a large proportion of refereed
papers continue to be accessible only through highly-expensive
subscriptions to journals and journal-collections controlled by
for-profit publishers. The unlocking of IP in refereed papers is
therefore still very much a work-in-progress. Moreover, the
gains may be ceded back to the for-profit publishing industry,
unless concerted efforts are made within academe.
[This article was presented at the 'Unlocking IP' conference held in New South Wales on 16-17 April 2009.]
- National and International Dimensions of Copyright's
Public Domain (An Australian Case Study)
Graham Greenleaf, pp.259-340
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Many examples of innovation in
relation to information goods involve works in which various
parties have proprietary (copyright) interests, but also involve
the public having rights to use those works in ways that involve
some of the exclusive rights of the copyright owner. They
involve copyright's "public domain" in the expanded sense of all
"public rights": those aspects of copyright law and practice
that are important in determining the ability of the public to
use works without obtaining a licence on terms set (and
changeable) by the copyright owner. The Creative Commons slogan
"Some Rights Reserved" sums up rather well the way in which
intellectual goods combine proprietary and non-proprietary
elements. However, most examples of this broader public domain
do not involve the use of Creative Commons licences.
The theme of this article is what these examples have in common,
how Australia'"s copyright law and the institutions that support
innovation have paid insufficient attention to what they have in
common, and how - in Australia at least - we need to have a law
reform review that will have these common elements (the
copyright "public domain") as its focus. Eight examples of where
Australia's copyright public domain is in need of reform are
considered, as are some of the interconnections between them.
Along the way, consideration is given to how the public domain
in any particular country comprises both "global" and "national"
elements, with examples of what makes Australia's public domain
distinctive.
- Internet Content Regulation and the World Health
Organization Framework Convention on Tobacco Control
Andrew T Kenyon, pp.341-354
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The World Health Organization's
Framework Convention on Tobacco Control aims to control tobacco
advertising, promotion and sponsorship across varied media and
communication platforms. In its approach to internet content,
the Framework Convention offers a useful case study of internet
regulation and unveils the WHO as an emerging source of
international policy on internet content. This article outlines
key aspects of the Framework Convention, and highlights its
method for articulating agreement about internet content control
and the way in which it underscores the central role of
intermediaries in such control. With regard to agreement, The
Framework Convention's method is not to seek harmonisation of
national laws alone. Rather, it uses a set of agreed national
obligations about controlling internet content, while making
allowances for national constitutional variations - variations
which may temper the implementation of the obligations. This
approach, which is coupled with a focus on domestic
intermediaries such as internet service providers, offers a
potential response to the challenging problems surrounding
international enforcement of internet content regulation. It is
a response which will be tested as the obligations under the
Framework Convention are implemented in domestic law.
- Law in the Last Mile: Sharing Internet Access Through
WiFi
Daithí Mac Síthigh, pp.355-376
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Access to the Internet through
wireless access points (typically wifi routers) is both simple
and common. In this paper, the legal restrictions on "sharing"
an Internet connection in this way are assessed. Criminal
offences that could apply to the use of open networks, such as
dishonest use of a communications service or unauthorised access
to a computer, are considered, as are issues of criminal and
civil liability and terms of use affecting the owner of the
router. It is suggested that there are advantages to sharing and
that these provisions unnecessarily restrict the development of
what would be of benefit to society. Furthermore, the problems
encountered by proponents of municipal and community networks
based on a collection of wireless access points, in terms of
competition law but also other matters, are summarised. The
paper concludes with an assessment of the links between the
various aspects of wireless Internet policy, suggesting that it
is necessary to recast relevant legal provisions so as to avoid
granting disproportionate protection to Internet service
providers (ISPs).
[This article was presented at the SCRIPTed 'Governance of New Technologies' conference held in Edinburgh on 29-31 March 2009.]
- Googling the Archives: Ideas from the Google Books
Settlement on Solving Orphan Works Issues in Digital Access
Projects
Sally McCausland, pp.377-393
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Many large scale digital archive
access projects, whether undertaken by libraries, cultural
institutions, commercial enterprises, research institutions or
interest groups, struggle with orphan works and other copyright
clearance issues. Under the default "opt-in" system prevailing
under the Berne copyright treaty framework, each copyright owner
must be located and give permission before their material can be
digitised and made available for online uses. This imposes
significant transaction costs and legal risks, and the public
interest in access to cultural material is compromised. Various
legislative solutions have been proposed, particularly in
relation to orphan works, but no comprehensive solution has
emerged.
Legal developments around Google's activities in pursuit of its
"Library Project" now offer new ideas. The Google Books
Settlement is the provisional settlement of copyright
infringement action brought against Google by the American
Authors Guild and the Association of American Publishers. The
case concerned the legality of the Library Project through which
Google has digitised millions of "archival", or out of print,
books and made them searchable online. Google's controversial
defence to copyright infringement is that its actions constitute
fair use under US copyright law.
The settlement is not yet judicially approved and fairness
hearings are set for October 2009. However, if approved, it will
be groundbreaking. It achieves, via class action rules, a rule
switch from opt-in to opt-out - creating a unique safe harbour
for Google to commercially exploit millions of books without
first searching for owners and seeking their individual
permissions. In practical terms, it will vastly increase digital
access to in-copyright, out of print books.
This paper considers whether legislative reform based roughly on
this model could be applied to other digital access projects
seeking to unlock cultural archival material.
[This article was presented at the 'Unlocking IP' conference held in New South Wales on 16-17 April 2009.]
- The Role of Patent Law in Regulating and Restricting
Access to Medicines
Luigi Palombi, pp.394-410
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Even with the uniform patent
protection and enforcement provided by TRIPS and the WTO, there
is now a growing body of evidence showing that both the rate of
drug innovation and pharmaceutical company profits are falling.
History shows that patents are not the promoters of innovation,
unlike the pharmaceutical industry would like us to believe. The
overwhelming evidence appears to confirm that, rather than
improving access to medicines, the patent system actually
encourages research and investment into medicines that produce
the greatest profit for the least cost - but not necessarily
medicines that will alleviate human suffering, especially in
developing countries.
[This article was presented at the 'Unlocking IP' conference held in New South Wales on 16-17 April 2009.]
- Extension of Legal Deposit: Recording Australia's Online
Cultural Heritage
Abi Paramaguru and Sophia Christou, pp.411-432
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In 2007 the Government commenced
a review into the feasibility of extending the legal deposit
scheme to include audiovisual and electronic material -
submissions closed in May, 2008. In this paper we examine the
history and significance of legal deposit as well as the
relationship between legal deposit and cultural and
technological change. We focus on the importance of integrating
electronic, and specifically online, materials into the national
legal deposit system. The current Australian legal deposit
scheme is discussed with reference to the 2007 review and
subsequent submissions to the review. The relationship between
legal deposit and the public domain is analysed, highlighting
the ways in which effective deposit schemes can enhance the
national public domain. The importance of a flexible and
considered approach to developing an appropriate threshold for
inclusion of online materials in an extended legal deposit
scheme is discussed. Finally, we make some suggestions for ways
of implementing an efficient and effective legal deposit scheme
that can encompass online materials of cultural value.
[This article was presented at the 'Unlocking IP' conference held in New South Wales on 16-17 April 2009.]
- Legal Aspects of Nanobiotechnology Inventions: An Indian
Perspective
Kanika Sharma and Archana Chugh, pp.433-448
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Nanobiotechnology results from
the convergence of nanotechnology and biotechnology. It has a
remarkable potential to abate problems and provide efficient
solutions related to medicine, the environment, agriculture etc.
Nanobiotechnology applications have had a remarkable global
impact, especially in European countries and the United States
of America. In India, the field holds immense importance
particularly in the nanomedicine sector. The arrival of
nanobiotechnology in India has raised a series of questions and
challenges in terms of intellectual property protection.
Therefore, it is of immense significance to analyse critically
whether the Indian patent regime provides a proper environment
for suitable intellectual property protection and
commercialisation of nanobiotechnology in India.
[This article was presented at the SCRIPTed 'Governance of New Technologies' conference held in Edinburgh on 29-31 March 2009.]
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| Analysis |
- Educational Use and the Internet - Does Australian
Copyright Law Work in the Web Environment?
Delia Browne, pp.449-466
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Australia is unique in the way
it deals with the copying of copyright material by educational
institutions. Australian copyright legislation contains
compulsory licences for educational copying. It recently
introduced a new flexible dealing-exception for educational
instruction for works not covered by the statutory licences. As
educational use of free and publicly available Internet material
is increasing, the Australian Education Sector is questioning
whether the current statutory licence scheme is appropriate for
the educational use of free and publicly available Internet
material. It has asked the Australian Government to review the
scope of the statutory licences. In particular, it has asked for
a new exception for the educational use of free and publicly
available Internet material. This article explains the proposed
reform and the rationale behind it.
[This article was presented at the 'Unlocking IP' conference held in New South Wales on 16-17 April 2009.]
- Moving Towards Open Standards
Anne Fitzgerald and Kylie Pappalardo, pp.467-483
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Standards are designed to
promote the interoperability of products and systems by enabling
different parties to develop technologies that can be used
together. There is an increasing expectation in many technical
communities, including open source communities, that standards
will be "open". However, standards are subject to legal rights
which impact upon, not only their development, but also their
implementation. Of central importance are intellectual property
rights: technical standards may incorporate patented
technologies, while the specification documents of standards are
protected by copyright. This article provides an overview of the
processes by which standards are developed and considers the
concept of "interoperability", the meaning of the term "open
standard" and how open standards contribute to interoperability.
It explains how intellectual property rights operate in relation
to standards and how they can be managed to create standards
that are open, not only during their development, but also in
implementation.
[This article was presented at the 'Unlocking IP' conference held in New South Wales on 16-17 April 2009.]
- The Consumers International IP Watch List 2009
Jeremy Malcolm, pp.484-495
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The Consumers International (CI)
IP Watch List is a global survey that rates national copyright
laws and enforcement practices from the perspective of how well
they promote access to knowledge for consumers, by allowing them
fair access to the fruits of their society's culture and
science.
The IP Watch List is based on research conducted by CIi members
and partners worldwide, using a set of criteria developed by an
external advisory group of experts. Amongst the sixteen
countries studied, those whose IP policies and practices are
most harmful to consumers are identified. A range of best
practices of fairness and balance in copyright law are also
highlighted.
[This article was presented at the 'Unlocking IP' conference held in New South Wales on 16-17 April 2009.]
- Sydney University Press: A Model for Combining Open
Access with Sales
Susan Murray-Smith , pp.496-503
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Sydney University Press was
restarted in 2003 to provide print-on-demand books from the
University Library's digital collections. Since 2005, it has
also been publishing new research titles. Through its
co-location with the University's repository, it has begun to
explore Open Access in conjunction with commercial publication.
A number of SUP titles are freely available chapter-by-chapter
in the University repository, with a link to purchase the
printed volume. This paper explores some of the issues around
scholarly publishing in the digital age: exposure, expertise and
reputation vs commercial imperatives; digital production and
flexible uses, and the role of the scholarly publisher.
[This article was presented at the 'Unlocking IP' conference held in New South Wales on 16-17 April 2009.]
- The Internet Bill of Rights: A Way to Reconcile Natural
Freedoms and Regulatory Needs"
Francesca Musiani, pp.504-515
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Within broad debates on freedom,
security and human rights on the Internet - carried on during
recent years in national and international fora - the proposal
for the creation and adoption of a Bill of Rights for the
Internet has been the subject of uneven attention and mixed
reviews. Taking stock of the renewed interest in the proposal
showed by the Committee on Civil Liberties of the European
Parliament, this article analyses the current state of the
Internet Bill of Rights (IBR) project. The analysis briefly
retraces the history and main promoters of the IBR proposal,
outlines the rationale and perspectives behind it, and debates
its promises, limits and future challenges.
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| Reports |
- The Ethox Centre
Michael Parker, pp.516-520
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| Book Reviews |
- Law And The Human Body: Property Rights, Ownership
And Control
By Rohan Hardcastle
Reviewed by Renate Gertz, pp.521-523
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- The Trials Of Art
By Daniel McClean (Editor)
Reviewed by Jordan Hatcher, pp.524-526
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- Notes On The Underground: An Essay On Technology,
Society, And The Imagination
By Rosalind Williams
Reviewed by Jan-Eerik Leppänen, pp.527-529
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- Paul Janssen: Pioneer In Pharma & In China
By Geerdt Magiels
Reviewed by Margaret Sleeboom-Faulkner, pp.530-533
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