Melbourne Law School - Research Publications
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ItemKazaa Goes the Way of Grokster? Authorisation of Copyright Infringement Via Peer-To-Peer Networks in Australia(Thomson Reuters, 2006)In Universal Music Australia v Sharman License Holdings (2005) 65 IPR 289 an Australian Federal Court suggested for the first time that it is acceptable to prohibit the continued distribution of a product on the grounds that after its sale it is capable of being used by its purchaser to infringe copyright, even though it may also have non-infringing uses. The decision, currently on appeal to the Full Court, raises important questions about the scope and meaning of the concept of “authorisation” under Australian law. The most important question is whether or not some degree or control is necessary to support a finding of authorisation. This article comprehensively explains the decision and argues that the Full Court could usefully draw upon some aspects of the United States approach to answer the questions raised.
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ItemNo Preview AvailableTHE BRUMMAGEM COUP THE START OF SELF-GOVERNMENT IN VICTORIA(ROYAL HISTORICAL SOC VICTORIA, 2006-11)
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ItemGovernment control of royal assent in Victoria( 2006)The giving of royal assent to proposed laws was the centre of a controversy in Victoria in 2005. These events directed fresh attention to the power of the Queen's representative, the Governor, and of the Victorian Government, over Bills that have passed both Houses of Parliament but not yet become law. This article comments on the legal basis of royal assent and the question of whether the government can advise the Governor to withhold assent to a Bill that has passed both Houses.
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ItemGroundhog day, ..., again! [Review of the book Geographic information science: mastering the legal issues]( 2006)The disappointed reviewer concludes that this text is no better than the previous text by the author (also reviewed by the reviewer seven years ago in the Law Institute Journal). This latter book is much less expensive than the earlier one that carried a RRP of $215...Reviewer.
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ItemHad we but worlds enough, and time, this absolute, philosopher( 2006)In Logiques des mondes, Alain Badiou has produced a sequel to his magnum opus Being and Event. Whereas Being and Event primarily restricted itself to the relationship between ontology and the event, mathematics and poetry, the new book seriously extends and revises certain of its predecessor’s propositions in order to construct a logic of different ‘worlds’. This article outlines some of the major doctrines, arguments, and motivations for the new work, as well as several points of possible difficulty.
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ItemOHMS: some reflections on the business of our courts(The Victorian Bar, 2006)The author expresses regret at the importation of business management principles into the provision of a service to the public.
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ItemGenealogies of Digital Light, Centre for Contemporary Photography, Wednesday 29 November 2006( 2006)The light of the world, casting light on dark places, enlightenment (East and West), the light that goes out of the eyes of the dying: illumination is more than physics. It is a central human metaphor. Those metaphors in turn are not only remnants of ancient paganisms and old beliefs, though they are in that respect ways in which we recall our otherwise anonymous ancestors. They are also tools that shape our thinking, that structure some of the great accounts of light from Grosseteste's De Luce (in MacKenzie 1996) to Newton's Opticks (1952), Goethe's Farbenlehre (1967) to Einstein's General Theory of Relativity andPlanck's foundational observations on the principles of quantum dynamics. And of course light is central to the techniques, technologies and discourses of the visual arts, and among them not least of photography. Light is the raw material of photography, in a purer sense than is true of any of the earlier visual arts save perhaps stained glass.
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ItemPartnering mechanism in construction: An empirical study on the Chinese construction industry(American Society of Civil Engineers, 2006-03-01)Partnering and its principles have increasingly been introduced to the construction industry to improve the efficiency of project delivery. However, little research outlines the mechanism behind its application. This paper presents the findings of a study that was conducted to develop and test a partnering model that reveals the relationships between the critical success factors (CSFs) of partnering and demonstrates their importance to construction. With support of data collected from the Chinese construction industry, this study has revealed strong correlations among partnering CSFs, risk management, total quality management (TQM), use of incentives, and project performance. It is concluded that project success is the outcome of the interaction between a variety of techniques, and that partnering, associated with incentives, is a basicmanagement method through which risk management and TQM can be strongly improved.
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ItemA Jurisprudence of the Limit(Cambridge University Press, 2006)