Melbourne Law School - Research Publications
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ItemA Bit Liable: A Guide to Navigating the US Secondary Liability Patchwork(Santa Clara University School of Law, 2008)In terms of scholarly and media attention, copyright's secondary liability doctrines long played a bit-part alongside direct liability's leading lady. But since peer-to-peer (P2P) file sharing providers began facilitating billions of copyright infringements a decade ago, those unassuming doctrines have been forced into starring roles. This article shines a spotlight on U.S. secondary liability law ten years after it first took center stage, highlighting the myriad uncertainties and controversies that now plague its operation. These uncertainties are illustrated with detailed reference to the hypothetical secondary liability of BitTorrent Inc., the original and as-yet unlitigated provider of the world's most dominant P2P file-sharing tool. This work argues that the rhetoric underpinning the existing secondary liability law is strongly protective of technology, but that the breadth and depth of the uncertainties surrounding its proper application effectively abrogates those protections by stealth.
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ItemThe Uncertainties, Baby: Hidden Perils of Australia's Authorisation Law(Thomson Reuters, 2009)As digital copying and online distribution become increasingly prevalent, the issue of when a technology provider can be held liable for its users’ infringements grows commensurately more important. In Australia, such liability is imposed through the tort of authorisation, which provides that a defendant will be liable if it “sanctioned, approved or countenanced” a third party infringement. Despite its significance however, some of the principal elements of the doctrine remain unclear. After tracing the origins and development of authorisation in Australia, the work explores the main uncertainties that plague the law today. With reference to the BitTorrent file sharing software, the work then explicitly highlights the ways in which those uncertainties may affect the provider of a useful technology that has both non-infringing and infringing uses. The underlying theme of the work is that, by failing to unequivocally dismiss the increasingly expansionist arguments that are being raised in this context, courts are inadvertently promulgating a de facto expansion of the Australian authorisation law. It concludes by arguing that, unless courts start concertedly addressing the law’s uncertainties and ambiguities, the law will continue to have a more dampening effect on technological innovation in Australia than courts or the legislature ever intended.
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ItemAvoiding conflict: What do adolescents with disordered eating say about their mothers in music therapy?(SAGE Publications, 2008-06-01)Music therapy is an integral part of the inpatient treatment programme for young women with disordered eating at the Royal Children's Hospital in Melbourne. As part of ongoing clinical audit activities, an investigation was undertaken to analyse retrospectively the lyrics of young women who had participated in the music therapy programme. The¬¬¬¬¬¬ purpose was to monitor and improve local clinical practice and clarify the specific contribution of music therapy to the diagnosis of anorexia nervosa. Results highlighted the role of mothers in the experiences of the young participants, with references to this relationship exceeding those to any other relationships. These findings are discussed in conjunction with an abandoned study where parental consent was not forthcoming for participation in a group music therapy research project. This article promotes a continuing awareness of the importance of the mother-daughter relationship in the treatment of eating disorders.
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ItemThe Legalisation of Economic Social and Cultural Rights(Victorian Equal Opportunity and Human Rights Commission, 2010)
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ItemCopyright and cultural institutions: Guidelines for digitization for U.S. libraries, archives, and museums(Cornell University Library, 2009)The development of new digital technologies has led to fundamental changes in the ways that cultural institutions fulfill their public missions of access, preservation, research, and education. Many institutions are developing publicly accessible Web sites that allow users to visit online exhibitions, search collection databases, access images of collection items, and in some cases create their own digital content. Digitization, however, also raises the possibility of copyright infringement. It is imperative that staff in libraries, archives, and museums understand fundamental copyright principles and how institutional procedures can be affected by the law. “Copyright and Cultural Institutions” was written to assist understanding and compliance with copyright law. It addresses the basics of copyright law and the exclusive rights of the copyright owner, the major exemptions used by cultural heritage institutions, and stresses the importance of “risk assessment” when conducting any digitization project. Case studies on digitizing oral histories and student work are also included.
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ItemA Changing of the Guard: Enforcement of Workplace Relations Laws Since Work Choices and Beyond(The Federation Press, 2009)
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ItemTheoretical Disagreement and the Semantic Sting(Oxford University Press (OUP), 2010)Scott Shapiro recently suggested that Ronald Dworkin's critique in Chapter 1 of Law's Empire represents the greatest threat currently facing legal positivism. Shapiro had in mind, not the semantic sting argument ('the SSA'), but rather what I call 'the argument from theoretical disagreement' (or 'the ATD'). I contend that Shapiro was right to focus on the ATD, but that even he underestimated just how serious a challenge it poses to positivism (and perhaps to other theories of law as well). The ATD, I argue, is an objection to any theory of law that denies that legal officials can engage in theoretical disagreement-that is, disagreement about the grounds of law. The SSA then seeks to explain why so many legal philosophers adopt such theories. I argue that the SSA is an implausible explanation of why many legal philosophers deny that theoretical disagreement exists, but that this does not undermine the ATD's contention that they are wrong to do so. Indeed, given the variety of forms that theoretical disagreement can take, Dworkin's positivist critics face a very significant challenge in seeking either to explain away the appearance of theoretical disagreement or to develop forms of positivism that can allow for such disagreement.
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ItemChanging work organisation and skill requirements(National Institute of Labour Studies Incorporated, 2009)This paper brings together all the case studies of work organisation and workplace change in Australian workplaces during the past decade, using these to assess exactly what we do and do not know about such change and its effects on skill requirements.
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ItemBeyond Reasonableness--A Rigorous Standard of Review for Article 15 Infringement(Indian Law Institute, 2008)
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