The Down Under book and film remind us our copyright law’s still unfair for artists

Australian copyright law is broken, and the Australian Government isn’t moving quickly to fix it. Borrowing, quoting, and homage are fundamental to the creative process. This is how people are inspired to create. Under Australian law, though, most borrowing is copyright infringement, unless it is licensed or falls within particular, narrow categories. This year marks five years since the very real consequences of Australia’s restrictive copyright law for Australian artists were made clear in the controversial litigation over Men at Work’s 1981 hit Down Under. The band lost a court case in 2010 that found that the song’s iconic flute riff copied some of the 1934 children’s song Kookaburra Sits in the Old Gumtree. A new book and documentary tell us more about the story behind the anthem – and the court case. The book, Down Under by Trevor Conomy, and the documentary, You Better Take Cover by Harry Hayes, bring renewed interest and new perspectives on the tragic story.

Bhutanese eighth grade students' and teachers' perceptions of their classroom learning environment in relation to the new mathematics curriculum

This thesis examined how Bhutanese eighth grade students and teachers perceived their classroom learning environment in relation to a new standards-based mathematics curriculum. Data were gathered from administering surveys to a sample of 608 students and 98 teachers, followed by semi-structured interviews with selected participants. The findings of the study indicated that participants generally perceived their learning environments favorably. However, there were differences in terms of gender, school level, and school location. The study provides teachers, educational leaders, and policy-makers in Bhutan new insights into students' and teachers' perceptions of their mathematics classroom environments.

Information feudalism: Who owns the knowledge economy? A book review

Back in 1995, Peter Drahos wrote a futuristic article called ‘Information feudalism in the information society’. It took the form of an imagined history of the information society in the year 2015. Drahos provided a pessimistic vision of the future, in which the information age was ruled by the private owners of intellectual property. He ended with the bleak, Hobbesian image: "It is unimaginable that the information society of the 21st century could be like this. And yet if abstract objects fall out of the intellectual commons and are enclosed by private owners, private, arbitrary, unchecked global power will become a part of life in the information society. A world in which seed rights, algorithms, DNA, and chemical formulas are owned by a few, a world in which information flows can be coordinated by information-media barons, might indeed be information feudalism (p. 222)." This science fiction assumed that a small number of states would dominate the emerging international regulatory order set up under the World Trade Organization. In Information Feudalism: Who Owns the Knowledge Economy?, Peter Drahos and his collaborator John Braithwaite reprise and expand upon the themes first developed in that article. The authors contend: "Information feudalism is a regime of property rights that is not economicallyefficient, and does not get the balance right between rewarding innovation and diffusing it. Like feudalism, it rewards guilds instead of inventive individual citizens. It makes democratic citizens trespassers on knowledge that should be the common heritage of humankind, their educational birthright. Ironically, information feudalism, by dismantling the publicness of knowledge, will eventually rob the knowledge economy of much of its productivity (p. 219)." Drahos and Braithwaite emphasise that the title Information Feudalism is not intended to be taken at face value by literal-minded readers, and crudely equated with medieval feudalism. Rather, the title serves as a suggestive metaphor. It designates the transfer of knowledge from the intellectual commons to private corporation under the regime of intellectual property.

The artist is a thief: A book review

Stephen Gray is a writer and law lecturer who has been living in Darwin since 1989. He started out writing formal legal pieces about how copyright law had unsuccessfully sought to accommodate Aboriginal art. Such work led him to further investigate the philosophical questions underlying the legal issues affecting both traditional and urban Indigenous people. Gray has also explored matters of bioprospecting in relation to Indigenous biological resources. He has investigated the introduction of a label of authenticity into Australia. Gray has also published a number of articles about other legal issues affecting Indigenous people. He has explored such topics as native title, customary law, alternative dispute resolution, and criminal law. Gray has recently been awarded The Australian/ Vogel Literary Award for his novel The Artist is a Thief. He was inspired to write a book after being sent out to a community on a possible copyright claim as part of his job in the law faculty of Northern Territory University: "I wrote an academic article and then a more philosophical piece talking about the copyright act and the way it doesn't really protect traditional artists who have a very different view of the place of their art. The pieces were interesting, but I felt there was something more there that needed a fictional expression as well." It is ironic that such a self-conscious and sophisticated meditation upon appropriation and authenticity should win The Australian/ Vogel Literary Award. The inaugural award in 1980 was won by Paul Radley, who later revealed his books were mostly written by his uncle, and in 1993 it was won by Helen Demidenko, aka Darville, who had lied about her Ukrainian background and family history.

International copyright law: A book review

n his 1994 book, Copyright's Highway, Paul Goldstein made the telling prophecy: The celestial jukebox may also portend more revolutional changes in international copyright markets. As the celestial jukebox disseminates information and entertainment over the air and without regard for national boundaries, the importance of the nation-state as a traditional guarantor of copyright may be replaced by international institutions such as the newly established World Trade Organization. In retrospect, it was an accurate prediction. The celestial jukebox has shown little respect for national boundaries. In particular, ephemeral file-sharing programs such as Napster, Freenet and Filetopia have posed difficulties for copyright law. International treaties have taken on larger significance and international institutions such as the World Intellectual Property Organization and World Trade Organization have assumed a greater role in regulating international copyright markets.

Moral rights and their application in Australia: a book review

In Moral Rights and Their Application in Australia, Maree Sainsbury offers a summary of the new moral rights regime established in Australia in 2000. It is a decent guide and handbook to moral rights for legal practitioners, the authors of copyright work, and the users of copyright material. As the author notes: "The Australian moral rights legislation impacts on the rights and obligations of many people in diverse circumstances, from the creator of a highly unique work of art to the designer of a web site incorporating factual information or graphics which someone else has created. Any person creating or dealing with copyright material should be aware of the moral rights implications. This book provides a detailed analysis of the moral rights legislation, while stressing the fundamental provisions. It also provides some useful practical guidance for those who are affected, both in general terms and with respect to the more specific situations outlined above." Maree Sainsbury provides an enjoyable account of the history and nature of moral rights. She charts the romantic, Continental origins of moral rights, and explains their translation to countries, such as Australia and the United States.

Harry Potter and the lexicon of doom

In a three day trial in April 2008, the United States District Court for the Southern District of New York considered whether the Harry Potter Lexicon infringed the intellectual property rights of J.K. Rowling and Warner Brothers. The case has attracted great media attention. As John Crace, a reporter for The Guardian, observed: “On one side: global-celebrity author J.K. Rowling. On the other: an amateur fan site devoted to the world's favourite boy wizard. At stake: the soul of Harry Potter.” J.K. Rowling is the author of the seven book Harry Potter series, which tell the story of a young wizard, Harry Potter, and his battles with Voldemort, the Lord of Darkness. As the court papers noted, “The Harry Potter Books are a modern day publishing phenomenon and success story.” Warner Brothers sought and obtained the film rights to the series. The entertainment company has thus far produced five films; a sixth is due in November 2008; and the final instalment is planned. The Harry Potter Lexicon is a reference guide created by Steven Vander Ark, a former grade school teacher. He has organised a large volume of material on the Harry Potter books and the Harry Potter films on a website in an alphabetical listing, from “A-Z”. The founder of RDR Books, Roger Rapoport, approached Ark to publish the Harry Potter Lexicon in a book form. Ark agreed to this request, and provided the publisher with a condensed version of the web-site. After RDR Books announced its intention to publish the reference book, J.K. Rowling and Warner Brothers brought a legal action in the United States District Court for the Southern District of New York, alleging that the publishers of the Harry Potter Lexicon were in breach of various intellectual property rights. A spokesperson for Warner Brothers and J.K. Rowling observed: "A fan’s affectionate enthusiasm should not obscure acts of plagiarism. The publishers knew what they were doing. The problem remains that the Lexicon takes an enormous amount of Ms. Rowling’s work and adds virtually no original commentary of its own. As we’ve said in court, it takes too much and adds too little. Authors have a duty to prevent the exploitation of their works by people who contribute nothing original, creative or interpretive." The litigation involves the intersection of copyright law, trade mark law, and consumer protection law. It has a wider significance because it deals with the protection of authorial rights; the use of literary indexes, supplements and reference guides; and the clash between character merchandising and fan fiction.

Book reviews: Kathy Bowrey.Law & Internet Cultures. Cambridge: Cambridge University Press, 2005.

What role does Australia play in debates over the regulation and governance of the Internet? Is it a hub? A node in the information grid? Or is it a mere cul–de–sac? Or are we mere road–kill, bush junk, on the information autobahn?

STEM learning through engineering design: fourth-grade students' investigations in aerospace

Background: Internationally, there is a growing concern for developing STEM education to prepare students for a scientifically and technologically advanced society. Despite educational bodies lobbying for an increased focus on STEM, there is limited research on how engineering might be incorporated especially in the elementary school curriculum. A framework of five comprehensive core engineering design processes (problem scoping, idea generation, design and construction, design evaluation, redesign), adapted from the literature on design thinking in young children, served as a basis for the study. We report on a qualitative study of fourth-grade students’ developments in working an aerospace problem, which took place during the first year of a 3-year longitudinal study. Students applied design processes together with their mathematics and science knowledge to the design and redesign of a 3-D model plane. Results: The study shows that through an aerospace engineering problem, students could complete initial designs and redesigns of a model plane at varying levels of sophistication. Three levels of increasing sophistication in students’ sketches were identified in their designs and redesigns. The second level was the most prevalent involving drawings or templates of planes together with an indication of how to fold the materials as well as measurements linked to the plane’s construction. The third level incorporated written instructions and calculations. Students’ engagement with each of the framework’s design processes revealed problem scoping components in their initial designs and redesigns. Furthermore, students’ recommendations for improving their launching techniques revealed an ability to apply their mathematics knowledge in conjunction with their science learning on the forces of flight. Students’ addition of context was evident together with an awareness of constraints and a consideration of what was feasible in their design creation. Interestingly, students’ application of disciplinary knowledge occurred more frequently in the last two phases of the engineering framework (i.e., design evaluation and redesign), highlighting the need for students to reach these final phases to enable the science and mathematics ideas to emerge. Conclusions: The study supports research indicating young learners’ potential for early engineering. Students can engage in design and redesign processes, applying their STEM disciplinary knowledge in doing so. An appropriate balance is needed between teacher input of new concepts and students’ application of this learning in ways they choose. For example, scaffolding by the teacher about how to improve designs for increased detail could be included in subsequent experiences. Such input could enhance students’ application of STEM disciplinary knowledge in the redesign process. We offer our framework of design processes for younger learners as one way to approach early engineering education with respect to both the creation of rich problem experiences and the analysis of their learning.

Statistical literacy in the elementary school: Opportunities for problem posing

This chapter addresses opportunities for problem posing in developing young children’s statistical literacy, with a focus on student-directed investigations. Although the notion of problem posing has broadened in recent years, there nevertheless remains limited research on how problem posing can be integrated within the regular mathematics curriculum, especially in the areas of statistics and probability. The chapter first reviews briefly aspects of problem posing that have featured in the literature over the years. Consideration is next given to the importance of developing children’s statistical literacy in which problem posing is an inherent feature. Some findings from a school playground investigation conducted in four, fourth-grade classes illustrate the different ways in which children posed investigative questions, how they made predictions about their outcomes and compared these with their findings, and the ways in which they chose to represent their findings.

Confronting expectation in grade 4: Tossing two coins

This study focuses on the experiences of 91 Grade 4 students who had been introduced to expectation and variation through trials of tossing a single coin many times. They were then given two coins to toss simultaneously and asked to state their expectation of the chances for the possible outcomes, in a similar manner expressed for a single coin. This paper documents the journey of the students in discovering that generally their initial expectation for two coins was incorrect and that despite variation, a large number of tosses could confirm a new expectation.

How to write a book?

Symposium Book Writing: Presentation to Landscape Architecture at the School of Design QUT

Effect of ion nitriding on the microstructure and properties of Maraging steel (250 Grade)

In the present investigation, ion nitriding of Maraging steel (250 grade) has been carried out at three different temperatures i.e., at 435 degrees C, 450 degrees C and 465 degrees C for 10 h duration in order to achieve good wear resistance along with high strength required for the slat track component of aircraft. The microstructure of the base material and the nitrided layer was examined by optical and scanning electron microscope, and various phases present were determined by X-ray diffraction. Various properties, such as, hardness, case depth, tensile, impact, fatigue properties and corrosion resistance were investigated for both un-nitrided and ion-nitrided materials. It is observed that the microstructure of the core material remains unaltered and Fe4N is formed in the hardened surface layer after ion nitriding at all the three temperatures employed. Surface hardness increases substantially after ion nitriding. Surface hardness remains almost the same but case depth increases with the increase in ion nitriding temperature due to greater diffusivity at higher temperatures. Tensile strength, fatigue strength and corrosion resistance are improved but ductility and energy absorbed in impact test decrease on ion nitriding. These results are explained on the basis of microstructural observations. The properties obtained after ion nitriding at 450 degrees C for 10 h are found to be optimum when compared to the other two ion nitriding temperatures.