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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ItemOn Sony, StreamCast and Smoking Guns(Sweet and Maxwell, 2007)In 2005 the US Supreme Court remanded the landmark Grokster P2P file - sharing case to the California District Court for adjudication. This article looks closely at that remand decision, and the reasoning behind the district court's decision to hold the defendant liable for inducement. It also considers whether the 1984 Supreme Court judgment in Sony Corp of America v. Universal City Studios Inc. would be decided differently if it were it to be decided under today's law. In so doing, it highlights some of the most significant differences between the Grokster Court's two concurrences.
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ItemRewinding Sony: An Inducement Theory of Secondary Liability(Sweet and Maxwell, 2005)Discusses the US Supreme Court ruling in Metro - Goldwyn - Mayer Studios Inc v. Grokster Ltd, which preserved the technology protecting rule established by its earlier decision in Sony Corp of America v. Universal City Studios Inc but failed to clarify its application to peer to peer (P2P) technologies. Reviews the operation of the Sony rule on vicarious and contributory liability in copyright cases, its application in subsequent case law, the Grokster judgment's likely impact on the Sony principles and the remaining areas of uncertainty regarding the revised test to be met by P2P companies seeking to escape secondary liability for inducement of copyright infringement. Reflects on the likely effects of the Grokster ruling for future technologies.
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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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ItemNo Preview AvailableContempt of Parliament in Victoria(Adelaide Law Review Association, 2005)The wide powers of State Parliaments to punish members and outsiders vary from State to State. Authorities on contempt of Parliament have compared the different jurisdictions, but there has been no specific study of contempt of the Victorian Parliament. Its powers are different from those of the Commonwealth, New South Wales and Tasmanian parliaments, and it has a distinctive record of little-known contempt cases. This article provides an overview of the Victorian Parliament’s powers and the way they have been used.
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ItemThe doctrine of 'strict compliance' in the Italian legal system(The University of Arizona, 2005)In recent years, courts all over the world have been called upon more and more often to resolve disputes involving transactions made through letters of credit. This paper analyzes the doctrine of strict compliance in letters of credit in the Italian legal system in light of some decisions issued by Italian courts over the past fifty years. It is not the intent of this paper to explain in detail the "technical" function of letters of credit, since the mechanism underlying this trade tool is already known: the buyer of merchandise asks a bank (issuing bank) to issue a letter of credit payable to the seller of the merchandise (beneficiary) upon presentation of certain documents tendered by the seller to the issuing bank. In international transactions, a separate bank often confirms the obligation at the beneficiary's place of business (confirming bank). When the required documents, complying on their face with the conditions of the credit, are tendered, the bank honors its undertaking. Due to its characteristics, the letter of credit is used for the most part among merchants residing in different countries.
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ItemLeft Out in the Cold: Homelessness and Anti-Discrimination Law(Council of Homeless Persons, 2005)Anti-discrimination legislation has long been accepted as an integral part of Australian law and culture. However, the current legal framework at both Commonwealth and State levels fails to adequately protect people who are homeless, unemployed or in receipt of social security benefits. (1) This omission in the law masks the fact that discrimination against these groups is deeply ingrained and currently lawful. Not only does this seem to indicate a lack of awareness on the part of the legislature, it also seems to demonstrate ignorance of the fact that homeless people, although impoverished, possess basic human rights.
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ItemDeveloping a matrix to explore the relationship between partnering and total quality management in construction(Harbin Gongye Daxue/Harbin Institute of Technology, 2004-08-01)The findings of a theoretical analysis of an integrated approach for the use of Partnering and TQM are presented. A matrix approach is used to explore the extent to which Partnering may improve TQM implementation in construction. The matrix is based on 3 indexes, namely: the Degree of Partnering, the Degree of TQM and the Project Success Index and which enables the relationship between Partnering and TQM to be analyzed quantitatively. It also assists in understanding the trends of Partnering and TQM and their relationship to project performance. The results of a case study using this matrix are also presented. It is concluded that the integrated use of Partnering can facilitate improvements, and in the way TQM is implemented in construction.
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ItemContracts between patients and healthcare practitioners for improving patients' adherence to treatment, prevention and health promotion activities(WILEY, 2007)BACKGROUND: Contracts are a verbal or written agreement that a patient makes with themselves, with healthcare practitioners, or with carers, where participants commit to a set of behaviours related to the care of a patient. Contracts aim to improve the patients' adherence to treatment or health promotion programmes. OBJECTIVES: To assess the effects of contracts between patients and healthcare practitioners on patients' adherence to treatment, prevention and health promotion activities, the stated health or behaviour aims in the contract, patient satisfaction or other relevant outcomes, including health practitioner behaviour and views, health status, reported harms, costs, or denial of treatment as a result of the contract. SEARCH STRATEGY: We searched: the Cochrane Consumers and Communication Review Group's Specialised Register (in May 2004); the Cochrane Central Register of Controlled Trials (CENTRAL), (The Cochrane Library 2004, issue 1); MEDLINE 1966 to May 2004); EMBASE (1980 to May 2004); PsycINFO (1966 to May 2004); CINAHL (1982 to May 2004); Dissertation Abstracts. A: Humanities and Social Sciences (1966 to May 2004); Sociological Abstracts (1963 to May 2004); UK National Research Register (2000 to May 2004); and C2-SPECTR, Campbell Collaboration (1950 to May 2004). SELECTION CRITERIA: We included randomised controlled trials comparing the effects of contracts between healthcare practitioners and patients or their carers on patient adherence, applied to diagnostic procedures, therapeutic regimens or any health promotion or illness prevention initiative for patients. Contracts had to specify at least one activity to be observed and a commitment of adherence to it. We included trials comparing contracts with routine care or any other intervention. DATA COLLECTION AND ANALYSIS: Selection and quality assessment of trials were conducted independently by two review authors; single data extraction was checked by a statistician. We present the data as a narrative summary, given the wide range of interventions, participants, settings and outcomes, grouped by the health problem being addressed. MAIN RESULTS: We included thirty trials, all conducted in high income countries, involving 4691 participants. Median sample size per group was 21. We examined the quality of each trial against eight standard criteria, and all trials were inadequate in relation to three or more of these standards. Trials evaluated contracts in addiction (10 trials), hypertension (4 trials), weight control (3 trials) and a variety of other areas (13 trials). Sixteen trials reported at least one outcome that showed statistically significant differences favouring the contracts group, five trials reported at least one outcome that showed differences favouring the control group and 26 trials reported at least one outcome without differences between groups. Effects on adherence were not detected when measured over longer periods. AUTHORS' CONCLUSIONS: There is limited evidence that contracts can potentially contribute to improving adherence, but there is insufficient evidence from large, good quality studies to routinely recommend contracts for improving adherence to treatment or preventive health regimens.
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