Melbourne Law School - Research Publications
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ItemThe Responsibility to Protect: Inequities in International Aid Flows to Myanmar and the Democratic People's Republic of Korea and their Impact on Maternal and Child Health(Taylor and Francis Group, 2012)The Union of Myanmar and the Democratic People's Republic of Korea (DPRK) are the most disadvantaged aid recipients in Asia. In this paper we describe and analyse the inequities in international aid flows to these countries from a health equity and “responsibility to protect” perspective. Review of public health and health systems literature and examination of international aid flows reveals that countries with a comparable gross national income receive total aid flows 11 to 12 times larger than do Myanmar (Burma) and DPR Korea (North Korea). Although the issue of aid effectiveness in these governance contexts remains a significant challenge, there is nonetheless a joint national and international responsibility to protect women and children through the careful targeting of health humanitarian aid and development programs.
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ItemThe P2P wars: How code beat law(Institute of Electrical and Electronics Engineers (IEEE), 2012-05-01)
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ItemOn the (new) New Zealand graduated response law (and why it's unlikely to achieve its aims)(Swinburne University of Technology, 2012-01-01)In 2011 New Zealand controversially introduced a 'three strikes' graduated response law. Under this law, the holders of Internet service accounts which are detected as having infringed copyright via P2P file sharing technologies three times within a specified time period can be ordered by the Copyright Tribunal to pay content owners up to NZ$15,000. The law also provides for Internet access to be suspended, though these provisions are currently inactive pending determination of the efficacy of the financial penalty regime. This paper explores the contours of the NZ graduated response regime - and then outlines a number of technical and practical reasons why it's unlikely to achieve its aims.
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ItemPhysical World Assumptions and Software World Realities (and Why There are More P2P Software Providers Than Ever Before)(Columbia University Libraries and Columbia Law School, 2012)Rights holders have been successful in every major copyright action brought against peer-to-peer (P2P) software providers. By 2005, those behind Napster, Aimster, Grokster, Morpheus and Kazaa have each been held liable for their users’ infringements and effectively exited the market. But those successes did not result in any reduction in the availability of P2P file sharing software. In fact, the opposite occurred: soon after the U.S. Supreme Court ruled in favor of rights holders in Grokster, there was exponential growth in the number of P2P file sharing applications available. This Article argues that this came about because the pre-P2P and current U.S. secondary liability laws were and are based on a number of physical world assumptions that are simply not tenable in the software context. After identifying those assumptions, and contrasting them with the relevant software world realities, the Article demonstrates that the explosion in the number and availability of P2P apps can be traced directly to the Supreme Court’s failure to recognize the mismatch between the two paradigms.
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ItemOptus v NRL: A Seismic Shift for Time Shifting in Australia(Sweet and Maxwell, 2012)In Optus v NRL, Australia’s Federal Court recently held that consumers had broad rights to “time shift” television programs, including via the use of remote recording and storage devices. The applicants were the AFL and the NRL, sporting organisations which had big plans for the monetisation of internet streaming rights, and Telstra, which had already paid some $153m for rights to several seasons of AFL games. This paper provides a detailed overview of the decision and the relevant law, and considers its likely significance for stakeholders including broadcasters, sports operators and other content owners, streaming providers and consumers.
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ItemStranded in the Technological Dark Ages: Implications of the Full Federal Court's Decision in NRL v Optus(Sweet and Maxwell, 2012)Australia’s Full Federal Court recently overturned the findings of the trial judge in the Optus v NRL television time-shifting case. Finding that the time-shifting provider (and not just the user) “makes” the relevant recording, the decision effectively renders remote television time-shifting services unlawful in Australia. This paper argues that it also has significant ramifications for more traditional time-shifting technologies, and, if not overturned, might decimate the value of the nascent Australian time-shifting right and strand consumers in a technological dark age.
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ItemThe Legalisation of Economic Social and Cultural Rights(Victorian Equal Opportunity and Human Rights Commission, 2010)
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ItemDo Children's Rights Matter?(Right Now, 2012-07-20)
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ItemToward a Legal Framework for Regime Interaction: Lessons from Fisheries, Trade and Environmental Regimes(Cambridge University Press on behalf of the American Society of International Law, 2011)
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