Report to the Government 2.0 Taskforce : Project 4 - Copyright Law and Intellectual Property

This report is the primary output of Project 4: Copyright and Intellectual Property, the aim of which was to produce a report considering how greater access to and use of government information could be achieved within the scope of the current copyright law. In our submission for Project 4, we undertook to address: •the policy rationales underlying copyright and how they apply in the context of materials owned, held and used by government; • the recommendations of the Copyright Law Review Committee (CLRC) in its 2005 report on Crown copyright; • the legislative and regulatory barriers to information sharing in key domains, including where legal impediments such as copyright have been relied upon (whether rightly or wrongly) to justify a refusal to provide access to government data; • copyright licensing models appropriate to government materials and examples of licensing initiatives in Australia and other relevant jurisdictions; and • issues specific to the galleries, libraries, archives and museums (“GLAM”) sector, including management of copyright in legacy materials and “orphan” works. In addressing these areas, we analysed the submissions received in response to the Government 2.0 Taskforce Issues Paper, consulted with members of the Task Force as well as several key stakeholders and considered the comments posted on the Task Force’s blog. This Project Report sets out our findings on the above issues. It puts forward recommendations for consideration by the Government 2.0 Task Force on steps that can be taken to ensure that copyright and intellectual property promote access to and use of government information.

Which way up? Reading and drawing maps of the blogosphere

Mapping the physical world, the arrangement of continents and oceans, cities and villages, mountains and deserts, while not without its own contentious aspects, can at least draw upon centuries of previous work in cartography and discovery. To map virtual spaces is another challenge altogether. Are cartographic conventions applicable to depictions of the blogosphere, or the internet in general? Is a more mathematical approach required to even start to make sense of the shape of the blogosphere, to understand the network created by and between blogs? With my research comparing information flows in the Australian and French political blogs, visualising the data obtained is important as it can demonstrate the spread of ideas and topics across blogs. However, how best to depict the flows, links, and the spaces between is still unclear. Is network theory and systems of hubs and nodes more relevant than mass communication theories to the research at hand, influencing the nature of any map produced? Is it even a good idea to try and apply boundaries like ‘Australian’ and ‘French’ to parts of a map that does not reflect international borders or the Mercator projection? While drawing upon some of my work-in-progress, this paper will also evaluate previous maps of the blogosphere and approaches to depicting networks of blogs. As such, the paper will provide a greater awareness of the tools available and the strengths and limitations of mapping methodologies, helping to shape the direction of my research in a field still very much under development.

Adaptive music techniques

There are many interactive media systems, including computer games and media art works, in which it is desirable for music to vary in response to changes in the environment. In this paper we will outline a range of algorithmic techniques that enable music to adapt to such changes, taking into account the need for the music to vary in its expressiveness or mood while remaining coherent and recognisable. We will discuss the approaches which we have arrived at after experience in a range of adaptive music systems over recent years, and draw upon these experiences to inform discussion of relevant considerations and to illustrate the techniques and their effect.

A novella of ideas : how interactive new media art can effectively communicate an indigenous philosophical concept

How interactive new media art can effectively communicate an indigenous philosophical concept. The sophistication and complexity of the philosophical concept concerning relationships between land and people and between people, intrinsic to the laws and customs of Australian Indigenous society, has begun to be communicated and accessed beyond the realm of anthropological and ethnological domains of Western scholarship. The exciting scope and rapid development of new media arts presents an innovative means of creating an interactive relationship with the general Australian public, addressing the urgent need for an understanding of Indigenous Australian concepts of relationship to land, and to each other, absent from Western narratives. The study is framed by an Indigenous concept of place, and relationships between land and people and between people; and explores how this concept can be clearly communicated through interactive new media arts. It involves: a creative project, the development of an interactive new media art project, a website work-in-progress titled site\sight\cite; and an exegesis, a Novella of Ideas, on the origins, influences, objectives, and potential of creative practices and processes engaged in the creative project. Research undertaken for the creative project and exegesis extended my creative practice into the use of interdisciplinary arts, expressly for the expression of philosophical concepts, consolidating 23 years experience in Indigenous community arts development. The creative project and exegesis contributes to an existing body of Indigenous work in a range of areas - including education, the arts and humanities - which bridges old and new society in Australia. In this study, old and new society is defined by the time of the initial production of art and foundations of knowledge, in the country of its origins, in Indigenous Australia dating back at least 40,000 years.

How can flexible learning centres use social networking to improve their ongoing educational assessments?

Most online assessment systems now incorporate social networking features, and recent developments in social media spaces include protocols that allow the synchronisation and aggregation of data across multiple user profiles. In light of these advances and the concomitant fear of data sharing in secondary school education this papers provides important research findings about generic features of online social networking, which educators can use to make sound and efficient assessments in collaboration with their students and colleagues. This paper reports on a design experiment in flexible educational settings that challenges the dichotomous legacy of success and failure evident in many assessment activities for at-risk youth. Combining social networking practices with the sociology of education the paper proposes that assessment activities are best understood as a negotiable field of exchange. In this design experiment students, peers and educators engage in explicit, "front-end" assessment (Wyatt-Smith, 2008) to translate digital artefacts into institutional, and potentiality economic capital without continually referring to paper based pre-set criteria. This approach invites students and educators to use social networking functions to assess “work in progress” and final submissions in collaboration, and in doing so assessors refine their evaluative expertise and negotiate the value of student’s work from which new criteria can emerge. The mobile advantages of web-based technologies aggregate, externalise and democratise this transparent assessment model for most, if not all, student work that can be digitally represented.

Mapping equity and diversity : from counting to culture change

This paper investigates the links between various approaches to managing equity and diversity and their effectiveness in changing the measures of inclusivity of women in organisations as a means of auditing and mapping managing diversity outcomes in Australia. The authors argue that managing diversity is more than changing systems and counting numbers it is also about managing the substantive culture change required in order to achieve inclusivity particularly intercultural inclusivity. Research in one sector of the education industry that investigated the competency skills required for culture change is offered as a model or guide for understanding and reflecting upon intercultural competency and its sequential development.

Knowledge is not power, but it’s a start : young people and employment entitlements

This paper employs empirical evidence from a survey of Queensland secondary school students to examine their knowledge about their wages and working conditions. It does so within the theoretical lens of the Gagne (or Gagne-Briggs) theory of instruction, which centres on the content of learning and how learning is acquired (Gagne, Briggs & Wager, 1988). While Gagne articulates five categories of learning, our focus here is on two; verbal information or declarative knowledge (facts that people can declare), and procedural knowledge (the rules and procedures for achieving outcomes). We show that student workers know little about the instruments governing their employment, or their workplace entitlements. Of the total sample of year 9 and year 11 students surveyed (n=892), those students who worked, or who had worked in the past year (n=438), were asked to identify whether they were employed under an award, collective agreement or AWA. Eighty three per cent of students did not know which industrial instrument set their wages. We argue that if young workers do not have declarative knowledge of their entitlements, nor basic procedural knowledge about redress, then they are not in a position to deploy Gagne’s ‘cognitive strategies’ that would enable them to take action to ensure their working conditions meet legal minima. We advocate that young workers should be given summary information on their wages and other entitlements on appointment and that such summary information should be readily available on employers’ noticeboards and electronically on company websites, and that the information should include a brief summary of avenues for redressing issues of underpayment or sub-standard conditions.

Time alone

Time Alone is the introductory image to the exhibition Lightsite, which toured Western Australian galleries from February 2006 to November 2007. It is a five-minute-long exposure photographic image captured inside an abandoned building which the author converted into a camera obscura. It depicts an inverted image of the outside environment and the text 'time' - which is constructed by torch-light within the building interior and during the photographic exposure. The image evokes isolation and the temporality of inhabitation within the remote farmlands of the Great Southern Region of Western Australia: the region of focus for all of the twelve works in Lightsite. Indeed the owner of this now-abandoned house passed away and was not found for a week - bringing poignancy to the central theme of this creative work.

Physical and environmental determinants

This chapter describes physical and environmental determinants of the health of Australians, providing a background to the development of successful public health activity. Health determinants are the biomedical, genetic, behavioural, socio-economic and environmental factors that impact on health and wellbeing. These determinants can be influenced by interventions and by resources and systems (AIHW 2006). Many factors combine to affect the health of individuals and communities. People’s circumstances and the environment determine whether the population is healthy or not. Factors such as where people live, the state of their environment, genetics, their education level and income, and their relationships with friends and family, all are likely to impact on their health. The determinants of population health reflect the context of people’s lives; however, people are very unlikely to be able to control many of these determinants (WHO 2007). This chapter and Chapter 6 illustrate how various determinants can relate to, and influence other determinants, as well as health and wellbeing. We believe it is particularly important to provide an understanding of determinants and their relationship to health and illness in order to provide a structure in which a broader conceptualisation of health can be placed. Determinants of health do not exist in isolation from one another. More frequently they work together in a complex system. What is clear to anyone who works in public health is that many factors impact on the health and wellbeing of people. For example, in the next chapter we discuss factors such as living and working conditions, social support, ethnicity and class, income, housing, work stress and the impact of education on the length and quality of people’s lives. In 1974, the influential ‘Lalonde Report’ (Lalonde 1974) described key factors that impact on health status. These factors included lifestyle, environment, human biology and health services. Taking a population health approach builds on the Lalonde Report, and recognises that a range of factors, such as living and working conditions and the distribution of wealth in society, interact to determine the health status of a population. Tackling health determinants has great potential to reduce the burden of disease and promote the health of the general population. In summary, we understand very clearly now that health is determined by the complex interactions between individual characteristics, social and economic factors and physical environments; the entire range of factors that impact on health must be addressed if we are to make significant gains in population health, and focussing interventions on the health of the population or significant sub-populations can achieve important health gains. In 2007, the Australian Government included in the list of National Health Priority Areas the following health issues: cancer control, injury prevention and control, cardiovascular health, diabetes mellitus, mental health, asthma, and arthritis and musculoskeletal conditions. The National Health Priority Areas set the agenda for the Commonwealth, States and Territories, Local Governments and not-for-profit organisations to place attention on those areas considered to be the major foci for action. Many of these health issues are discussed in this chapter and the following chapter.

The use of Creative Commons licensing to enable open access to public sector information and publicly funded research results : an overview of recent Australian developments

This chapter provides an account of the use of Creative Commons (CC) licensing as a legally and operationally effective means by which governments can implement systems to enable open access to and reuse of their public sector information (PSI). It describes the experience of governments in Australia in applying CC licences to PSI in a context where a vast range of material and information produced, collected, commissioned of funded by government is subject to copyright. By applying CC licences, governments can give effect to their open access policies and create a public domain of PSI which is available for resue by other governmental agencies and the community at large.

Capital music : personal expression with a public display of song choice

Using information and communication technology devices in public urban places can help to create a personalised space. Looking at a mobile phone screen or listening to music on an MP3 player is a common practice avoiding direct contact with others e.g. whilst using public transport. However, such devices can also be utilised to explore how to build new meaningful connections with the urban space and the collocated people within. We present findings of work-in-progress on Capital Music, a mobile application enabling urban dwellers to listen to music songs as usual, but also allowing them to announce song titles and discover songs currently being listened to by other people in the vicinity. We study the ways that this tool can change or even enhance people’s experience of public urban spaces. Our first user study also found changes in choosing different songs. Anonymous social interactions based on users’ music selection are implemented in the first iteration of the prototype that we studied.

Looking through the corridor : Malaysia and the MSC

As part of a development plan-in-progress spanning a total of 25 years(1996 to 2020), Malaysia’s Multimedia Super Corridor (MSC) provides a unique opportunity to witness a brief and microcosmic unfolding of the reciprocally formative process between society and technology that Lewis Mumford lays out in exhaustive detail in Technics and Civilization (Mumford, 1963). The interlocking of national imagining, destiny and progress with a specific group of technologies, information and communication technologies (ICT) is, in itself, worthy of interest. However, what renders the MSC doubly remarkable is its introduction in Malaysia, one of the most well established of contemporary ethnocracies. This chapter reads the development and implementation of the MSC as the text through which the association between nation and ethnicity is examined. Broadly speaking I argue here that the MSC inflects the imagining(s) of Malaysia at two levels. At the first level where the MSC is understood to be the insertion of a new policy into Malaysia’s pre-existent ethnocratic climate, I contend the MSC inflects the nation through its incongruence with prevalent conditions. At the second level, where the MSC is viewed through the position of its Chinese populace, I suggest that the MSC inflects Malaysia (perhaps to a lesser degree) through the re-emphasis it lends to issues of transnationalism and belonging for the Malaysian Chinese.

Nation and Internet : Malaysia and the multimedia super corridor

As part of a development plan-in-progress spanning a total of 25 years (1996 to 2020), Malaysia’s Multimedia Super Corridor MSC provides a unique opportunity to witness a brief and microcosmic unfolding of that process which Lewis Mumford lays out in exhaustive detail in Technics and Civilization (Mumford, 1963). What makes it doubly interesting is the interlocking of national imagining, destiny and progress with a specific group of technologies, information and communication technologies (ICT), of which the Internet is part. This paper casts Malaysia’s development and implementation of the MSC as the core round which an enquiry of the association between the nation and the Internet is woven. I argue here that there are 3 dissonances that occur within the relationship between the Malaysian nation and the Internet. The first of these arises from the tension between the premises underlying techno-utopianism and pro-Malay affirmative action. The second is born of the discordance between the “guaranteed” freedom from online censorship and the absolute punitive powers of the state. The third lies in the contradiction between the Malaysian nation, as practiced through graduated sovereignty and its pro-Bumiputera affirmative action. Together, these three comprise the inflections that the Internet has on Malaysia. Further, I contend that aside from adding to the number of ways in which the nation is understood and experienced, these inflections also have the potential to disrupt how the nation is lived. By lived I mean to denote the realisation of the nation that occurs in and through everyday life.