Bilski v Kappos : The United States Supreme Court delivers mixed views on patenting non-physical inventions and business methods

The United States Supreme Court has handed down a once in a generation patent law decision that will have important ramifications for the patentability of non-physical methods, both internationally and in Australia. In Bilski v Kappos, the Supreme Court considered whether an invention must either be tied to a machine or apparatus, or transform an article into a different state or thing to be patentable. It also considered for the first time whether business methods are patentable subject matter. The decision will be of particular interest to practitioners who followed the litigation in Grant v Commissioner of Patents, a Federal Court decision in which a Brisbane-based inventor was denied a patent over a method of protecting an asset from the claims of creditors.

Designing relational pedagogies with jam2jamXO

This paper examines the affordances of the philosophy and practice of open source and the application of it in developing music education software. In particular I will examine the parallels inherent in the ‘openness’ of pragmatist philosophy in education (Dewey 1916, 1989) such as group or collaborative learning, discovery learning (Bruner 1966) and learning through creative activity with computers (Papert 1980, 1994). Primarily I am interested in ‘relational pedagogies’ (Ruthmann and Dillon In Press) which is in a real sense about the ethics of the transaction between student and teacher in an ecology where technology plays a more significant role. In these contexts relational pedagogies refers to how the music teacher manages their relationships with students and evaluates the affordances of open source technology in that process. It is concerned directly with how the relationship between student and teacher is affected by the technological tools, as is the capacity for music making and learning. In particular technologies that have agency present the opportunity for a partnership between user and technology that enhances the capacity for expressive music making, productive social interaction and learning. In this instance technologies with agency are defined as ones that enhance the capacity to be expressive and perform tasks with virtuosity and complexity where the technology translates simple commands and gestures into complex outcomes. The technology enacts a partnership with the user that becomes both a cognitive and performative amplifier. Specifically we have used this term to describe interactions with generative technologies that use procedural invention as a creative technique to produce music and visual media.

Finitude (Mallee:Time)

An interactive installation with full body interface, digital projection, multi-touch sensitive screen surfaces, interactive 3D gaming software, motorised dioramas, 4.1 spatial sound & new furniture forms - investigating the cultural dimensions of sustainability through the lens of 'time'. “Time is change, time is finitude. Humans are a finite species. Every decision we make today brings that end closer, or alternatively pushes it further away. Nothing can be neutral”. Tony Fry DETAILS: Finitude (Mallee:Time) is a major new media/sculptural hybrid work premiered in 2011 in version 1 at the Ka-rama Motel for the Mildura Palimpsest #8 ('Collaborators and Saboteurs'). Each participant/viewer lies comfortably on their back on the double bed of Room 22. Directly above them, supported by a wooden structure, not unlike a house frame, is a semi-transparent Perspex screen that displays projected 3D imagery and is simultaneously sensitive to the lightest of finger touches. Depending upon the ever changing qualities of the projected image on this screen the participant can see through its surface to a series of physical dioramas suspended above, lit by subtle LED spotlighting. This diorama consists of a slowly rotating series of physical environments, which also include several animatronic components, allowing the realtime composition of whimsical ‘landscapes’ of both 'real' and 'virtual' media. Through subtle, non-didactic touch-sensitive interactivity the participant then has influence over both the 3D graphic imagery, the physical movements of the diorama and the 4.1 immersive soundscape, creating an uncanny blend of physical and virtual media. Five speakers positioned around the room deliver a rich interactive soundscape that responds both audibly and physically to interactions. VERSION 1, CONTEXT/THEORY: Finitude (Mallee: Time) is Version 1 of a series of presentations during 2012-14. This version has been inspired through a series of recent visits and residencies in the SW Victoria Mallee country. Further drawing on recent writings by post colonial author Paul Carter, the work is envisaged as an evolving ‘personal topography’ of place-discovery. By contrasting and melding readily available generalisations of the Mallee regions’ rational surfaces, climatic maps and ecological systems with what Carter calls “a fine capillary system of interconnected words, places, memories and sensations” generated through my own idiosyncratic research processes, Finitude (Mallee Time) invokes a “dark writing” of place through outside eyes - an approach that avoids concentration upon what 'everyone else knows', to instead imagine and develop a sense how things might be. This basis in re-imagining and re-invention becomes the vehicle for the work’s more fundamental intention - as a meditative re-imagination of 'time' (and region) as finite resources: Towards this end, every object, process and idea in the work is re-thought as having its own ‘time component’ or ‘residue’ that becomes deposited into our 'collective future'. Thought this way Finitude (Mallee Time) suggests the poverty of predominant images of time as ‘mechanism’ to instead envisage time as a plastic cyclical medium that we can each choose to ‘give to’ or ‘take away from’ our future. Put another way - time has become finitude.

Physicality in Australian Patent Law

It is generally understood that the patent system exists to encourage the conception and disclosure of new and useful inventions embodied in machines and other physical devices, along with new methods that physically transform matter from one state to another. What is not well understood is whether, and to what extent, the patent system is to encourage and protect the conception and disclosure of inventions that are non-physical methods – namely those that do not result in a physical transformation of matter. This issue was considered in Grant v Commissioner of Patents. In that case the Full Court of the Federal Court of Australia held that an invention must involve a physical effect or transformation to be patentable subject matter. In doing so, it introduced a physicality requirement into Australian law. What this article seeks to establish is whether the court’s decision is consistent with the case law on point. It does so by examining the key common law cases that followed the High Court’s watershed decision in National Research Development Corporation v Commissioner of Patents, the undisputed authoritative statement of principle in regard to the patentable subject matter standard in Australia. This is done with a view to determining whether there is anything in those cases that supports the view that the Australian patentable subject matter test contains a physicality requirement.

Physical effect in patent law

This thesis addresses one of the fundamental issues that remains unresolved in patent law today. It is a question that strikes at the heart of what a patent is and what it is supposed to protect. That question is whether an invention must produce a physical effect or cause a physical transformation of matter to be patentable, or whether it is sufficient that an invention involves a specific practical application of an idea or principle to achieve a useful result. In short, the question is whether patent law contains a physicality requirement. Resolving this issue will determine whether only traditional mechanical, industrial and manufacturing processes are patent eligible, or whether patent eligibility extends to include purely intangible, or non-physical, products and processes. To this end, this thesis seeks to identify where the dividing line lies between patentable subject matter and the recognised categories of excluded matter, namely, fundamental principles of nature, physical phenomena, and abstract ideas. It involves determining which technological advances are worth the inconvenience monopoly protection causes the public at large, and which should remain free for all to use without restriction. This is an issue that has important ramifications for innovation in the ‘knowledge economy’ of the Information Age. Determining whether patent law contains a physicality requirement is integral to deciding whether much of the valuable innovation we are likely to witness, in what are likely to be the emerging areas of technology in the near future, will receive the same encouragement as industrial and manufacturing advances of previous times.

Savages crossing

For a screenwriter, the key challenge of writing genre movies is balancing formulaic convention (familiar plotlines, character types, themes) with generic invention (introducing novel generic elements or devices). The thriller genre is built around the elements of tension and suspense, and plot devices such as twists, red herrings, and cliff-hangers evoke uncertainty, anxiety and anticipation from the audience. For the feature film Savages Crossing, the question driving the screenplay was “How can the psychological thriller genre be renewed through elements of the family drama to challenge audience expectations?” While there are numerous sub-genres, each with thematic nuances, the psychological thriller typically revolves around a central antagonist. Taking this element as the focal point, the screenplay turned to family drama to revise this convention.

Bollywood Extras

"Bollywood Extras" has been described as a bit like Vladimir Nabokov's "Lolita" (1955) meets Nathanael West's "Day of the Locust" (1939). Unlike those two classics, this new novel by Dr D. Bruno Starrs is set in 21st Century India's Hindi-language film industry epicenter known as 'Bollywood', Mumbai's answer to America's 'Hollywood'. And there is another major difference: the story (i.e. the narrative interaction between an American Extras Casting Agent, 'Dr Arden Pyle', an under-age wannabe Bollywood starlet, 'Chandy', and the despicable but wealthy Indian man who stalks her, 'Ishmail'), is all staged against a backdrop of rabid religious terrorism. Written with the unique black comedic and literary flair Dr D. Bruno Starrs is renown for, this, his 3rd full-length novel, boldly captures the feel of Mumbai and the small-time players in its big-time film industry, with style, humor and originality. Tom Flood, winner of the Miles Franklin Literary Award and founder of Flood Manuscripts, said this of the novel's second last draft: "What is best about 'Bollywood Extras' will likely be its albatross in the sliced bread world of mainstream publishing. Three strengths that make the work what it is - the length, the style, the intellectual capital - will be three strikes against it when it comes to the money. While I delight in rich language and agile invention, I've given you the reasons the trade ('legit') presses won't take 'Bollywood Extras'. Do I think you should you change it? No. I like it. Why ruin an interesting work for money?" As a professional assessor, Flood did, of course, offer many suggestions and these were duly implemented, although the author steadfastly adhered to the style he had already cemented, thus not changing in anyway what Flood refers to as its three strengths. Dr Starrs knew (having accessed Flood's professional services previously) that a 'Thumbs Up' from the best manuscript assessor in the country meant that Bollywood Extras was ready to be birthed. So, here it is: Dr Starrs has delivered his 3rd baby and 'christened' it "Bollywood Extras"!

'The comfort lies in all the things you can do': the Australian drive-in: cinema of distraction

Contrary to the claims of some film historians, the drive-in was not a uniquely American invention. Australian drive-in cinemas were, at least in the 1950s and 1960s, distinguishable from their American counterparts by virtue of the profusion of additional amusements (or distractions) they offered alongside film-viewing. This article traces the history of Australian drive-ins as ‘entertainment centres’ and ‘high temples of modernity’. It argues that the drive-in can usefully be understood as a mid-point between the domestic and public spheres, and a powerful symbol of post-WWII Australia, signifying prosperity, gathering consumer confidence and, in metropolitan areas, marking the path of urban development through its concentration in new, outer suburban areas.

Chaos and creativity of play : designing emotional engagement in public spaces

How do we create strong urban narratives? How do we create affection for our cities? Play, an essential part of any species' biological existence and development, can often be perceived as chaotic and derogatory to social and spatial order. Play is also often perceived as a creative force which generates social and spatial value. This paper looks at the design approaches to both chaotic and creative perceptions of publics at play in urban space. Commonly, Urban and Architectural Design constitutes reactive management of perceived chaos, which derogatorily effects our sensory and emotional engagement with space. Alternatively, Urban and Architectural Design can appeal to the creativity of play, by encouraging unsolicited novelty that is vital to strong experiential narratives in the city and iterating environments that encourage the emergence of physical, emotional and cultural invention. These perceptions of chaos and creativity affect the design methodology of professional practice. Tested through the exciting vehicle of Parkour as urban narrative, the constraints and opportunities of both approaches are presented.

Process for forming alumino-silicate derivatives

A process for the preparation of an amorphous alumino-silicate derivative which involves reacting a solid corresponding starting material with MOH where M is alkali metal or ammonium cation. The solid corresponding starting material may be selected from montmorillonite, kaolin, natural zeolite (e.g., clinoliptolite/heulandite) as well as illite, palygorskite and saponite and additional reactant MX wherein X is halide may be utilized in conjunction with MOH. The invention also includes alumino-silicate derivatives of the general formula M.sub.p Al.sub.q Si.sub.2 O.sub.r (OH).sub.s X.sub.t.uH.sub.2 O as well as alumino-silicate derivatives of the general formula M.sub.p Al.sub.q Si.sub.2 O.sub.r (OH).sub.s.uH.sub.2 O.

Fast scanning electron microscope (FSEM)

High magnification and large depth of field with a temporal resolution of less than 100 microseconds are possible using the present invention which combines a linear electron beam produced by a tungsten filament from an SX-40A Scanning Electron Microscope (SEM), a magnetic deflection coil with lower inductance resulting from reducing the number of turns of the saddle-coil wires, while increasing the diameter of the wires, a fast scintillator, photomultiplier tube, photomultiplier tube base, and signal amplifiers and a high speed data acquisition system which allows for a scan rate of 381 frames per second and 256.times.128 pixel density in the SEM image at a data acquisition rate of 25 MHz. The data acquisition and scan position are fully coordinated. A digitizer and a digital waveform generator which generates the sweep signals to the scan coils run off the same clock to acquire the signal in real-time.

Confucius Institutes as innovative tools of China's cultural diplomacy

"Chapter 5 by Hartig introduces Confucius Institutes as an innovative tool of China’s cultural diplomacy. It explains the origins and implications of this new approach to promote China’s culture abroad and thus to shape China’s image globally. The chapter draws on case studies of Con- fucius Institutes in Australia and Germany. It shows how China is adapting a Western instrument of cultural diplomacy, namely an organisation like the British Council or Goethe Institute, in an innovative manner to accomplish its goals in the most effective way. In contrast to British Councils or Goethe Institutes, Confucius Institutes are typically set up as joint ventures between Chinese and international partners. By exploring the advantages and disadvantages of this project for both sides, the chapter illustrates how the outside world shapes China and, in turn, China shapes the outside world in the context of cultural exchange and cooperation. It argues that global influences, namely the general negative perception of China in the West, have forced China not only to become active in the field of cultural diplomacy, but furthermore to strive for an innovative way to be successful."

Monitoring user activity on smart mobile devices

The invention relates to a method for monitoring user activity on a mobile device, comprising an input and an output unit, comprising the following steps preferably in the following order: detecting and / or logging user activity on said input unit, identifying a foreground running application, hashing of a user-interface-element management list of the foreground running application, and creating a screenshot comprising items displayed on said input unit. The invention also relates to a method for analyzing user activity at a server, comprising the following step: obtaining at least one of an information about detected and / or logged user activity, an information about a foreground running application, a hashed user-interface-element management list and a screenshot from a mobile device. Further, a computer program product is provided, comprising one or more computer readable media having computer executable instructions for performing the steps of at least one of the aforementioned methods.

Transitions in taste in Vietnam and the diaspora

This paper argues that food and styles of eating have become the predominant markers of social change for the Vietnamese in both Vietnam and in the diaspora. In post-socialist Vietnam the transition to a market economy has allowed for a huge growth in the number of restaurants and cafes, and in the north, a return to an earlier style of cooking. The intense interest and emphasis on food as embodied pleasure has meant that it has come to stand for the transition away from a heavily state-controlled economy. The new configurations of family and friendship are being framed by newly available ways of ‘eating out’, which are both a means of social display and distinction as well as an indicator of the tensions between reform and festivity within an authoritarian nation-state struggling to define itself in a globalising world. At the same time as food in Vietnam is undergoing rapid transformation so too has the Vietnamese diaspora enerationally changed its eating patterns. Although there as been a focus in the literature on food in the diaspora that emphasises the nostalgic and recuperative elements of ‘migrant food’, I argue that food is the prime mechanism of intercultural engagement for each diasporic generation. For older Vietnamese, Vietnamese restaurants and barbecues have been the sites of interplay between cultural tradition’ and innovation, and between Australianness and Vietnameseness, and these interstitial places continue to be important for younger Vietnamese. Within this established framework of cross-cultural interaction, for Vietnamese youth, the social settings of ‘ethnic food’, eaten at home and shared with family, have been grafted onto a sociality of eating fast food. This melding together of both invention and convention, of transgression and ordinariness provides the background against which young people from migrant backgrounds are reinvigorating the social spaces of food consumption and in the process both e-enchanting and destabilising the notion of migrant food.

Generate : Youth Culture and Migration Heritage in Western Sydney

Executive Summary This report is the first in-depth exploration of identity and popular culture among Middle Eastern and Asian youth. It documents preliminary research findings on the contribution of Middle Eastern and Asian youth to Sydney’s cultural life and migration heritage. While young people from these communities, the largest migrant communities in NSW, are often negatively portrayed, this research has focused on their social practices of cultural invention, opening up new and creative means of mobilising cultural difference. These young people’s cultural negotiations between migrant family background and the wider society require real engagement with difference and provide rich resources for invigorating the multicultural fabric of the nation. Their repertoire of cultural skills and their involvement in different cultural worlds are often viewed as evidence of not ‘belonging’ to the mainstream or dominant culture. However, the results of our research reveal that the ‘in-betweenness’ of these young people often enables them to move easily between different social and cultural groupings, embracing cultural diversity as inherent and integral to their everyday experience, that is, ‘normal’ to urban life. In this report, we document the changing nature of friendship networks and family relations, the particular meanings and uses of different languages and expressions, and the patterns of consumption of Middle Eastern and Asian youth. In these everyday activities these young people contribute to a changing migration heritage and are redefining what it means to be Australian.