Country of Origin and Internet Publication: Applying the Berne Convention in the Digital Age

Historically, determining the country of origin of a published work presented few challenges, because works were generally published physically – whether in print or otherwise – in a distinct location or few locations. However, publishing opportunities presented by new technologies mean that we now live in a world of simultaneous publication – works that are first published online are published simultaneously to every country in world in which there is Internet connectivity. While this is certainly advantageous for the dissemination and impact of information and creative works, it creates potential complications under the Berne Convention for the Protection of Literary and Artistic Works (“Berne Convention”), an international intellectual property agreement to which most countries in the world now subscribe. Under the Berne Convention’s national treatment provisions, rights accorded to foreign copyright works may not be subject to any formality, such as registration requirements (although member countries are free to impose formalities in relation to domestic copyright works). In Kernel Records Oy v. Timothy Mosley p/k/a Timbaland, et al. however, the Florida Southern District Court of the United States ruled that first publication of a work on the Internet via an Australian website constituted “simultaneous publication all over the world,” and therefore rendered the work a “United States work” under the definition in section 101 of the U.S. Copyright Act, subjecting the work to registration formality under section 411. This ruling is in sharp contrast with an earlier decision delivered by the Delaware District Court in Håkan Moberg v. 33T LLC, et al. which arrived at an opposite conclusion. The conflicting rulings of the U.S. courts reveal the problems posed by new forms of publishing online and demonstrate a compelling need for further harmonization between the Berne Convention, domestic laws and the practical realities of digital publishing. In this chapter, we argue that even if a work first published online can be considered to be simultaneously published all over the world it does not follow that any country can assert itself as the “country of origin” of the work for the purpose of imposing domestic copyright formalities. More specifically, we argue that the meaning of “United States work” under the U.S. Copyright Act should be interpreted in line with the presumption against extraterritorial application of domestic law to limit its application to only those works with a real and substantial connection to the United States. There are gaps in the Berne Convention’s articulation of “country of origin” which provide scope for judicial interpretation, at a national level, of the most pragmatic way forward in reconciling the goals of the Berne Convention with the practical requirements of domestic law. We believe that the uncertainties arising under the Berne Convention created by new forms of online publishing can be resolved at a national level by the sensible application of principles of statutory interpretation by the courts. While at the international level we may need a clearer consensus on what amounts to “simultaneous publication” in the digital age, state practice may mean that we do not yet need to explore textual changes to the Berne Convention.

A dual-slope analogue-to-digital converter for generating polynomials

A new digital polynomial generator using the principle of dual-slope analogue-to-digital conversion is proposed. Techniques for realizing a wide range of integer as well as fractional coefficients to obtain the desired polynomial have been discussed. The suitability of realizing the proposed polynomial generator in integrated circuit form is also indicated.

Optimal Interconnections in the Design of Microprocessors and Digital Systems

This paper recasts the multiple data path assignment problem solved by Torng and Wilhelm by the dynamic programming method [1] into a minimal covering problem following a switching theoretic approach. The concept of bus compatibility for the data transfers is used to obtain the various ways of interconnecting the circuit modules with the minimum number of buses that allow concurrent data transfers. These have been called the feasible solutions of the problem. The minimal cost solutions are obtained by assigning weights to the bus-compatible sets present in the feasible solutions. Minimization of the cost of the solution by increasing the number of buses is also discussed.

Optimal Interconnections in the Design of Microprocessors and Digital Systems

This paper recasts the multiple data path assignment problem solved by Torng and Wilhelm by the dynamic programming method [1] into a minimal covering problem following a switching theoretic approach. The concept of bus compatibility for the data transfers is used to obtain the various ways of interconnecting the circuit modules with the minimum number of buses that allow concurrent data transfers. These have been called the feasible solutions of the problem. The minimal cost solutions are obtained by assigning weights to the bus-compatible sets present in the feasible solutions. Minimization of the cost of the solution by increasing the number of buses is also discussed.

A microprocessor-based digital correlator

A digital correlator has been built which calculates the full correlation function of a statistically stationary random signal.

Dynamic Digital Simulation of HVDC Systems Using a Novel Modular Converter Model

This paper describes a method for the dynamic digital simulation of HVDC transmission systems. The method employs a novel modular converter representation during both normal and abnormal conditions.

Issues of Digital Ecosystems Approach to Biological Ecosystem Simulation Model Fit Optimization

This study examines the application of digital ecosystems concepts to a biological ecosystem simulation problem. The problem involves the use of a digital ecosystem agent to optimize the accuracy of a second digital ecosystem agent, the biological ecosystem simulation. The study also incorporates social ecosystems, with a technological solution design subsystem communicating with a science subsystem and simulation software developer subsystem to determine key characteristics of the biological ecosystem simulation. The findings show similarities between the issues involved in digital ecosystem collaboration and those occurring when digital ecosystems interact with biological ecosystems. The results also suggest that even precise semantic descriptions and comprehensive ontologies may be insufficient to describe agents in enough detail for use within digital ecosystems, and a number of solutions to this problem are proposed.

Digital access to knowledge in the preschool classroom: Reports from Australia

Australian preschool teachers’ use of Web-searching in their classroom practice was examined (N = 131). Availability of Internet-enabled digital technology and the contribution of teacher demographic characteristics, comfort with digital technologies and beliefs about their use were assessed. Internet-enabled technologies were available in 53% (n = 69) of classrooms. Within these classrooms, teacher age and beliefs predicted Web-searching practice. Although comfortable with digital access of knowledge in their everyday life, teachers reported less comfort with Web-searching in the context of their classroom practice. The findings identify the provision of Internet-enabled technologies and professional development as actions to support effective and confident inclusion of Web-searching in classrooms. Such actions are necessary to align with national policy documents that define acquisition of digital literacies as a goal and assert digital access to knowledge as an issue of equity.

Seamless journeys : enhancing accessibility to work through digital technologies for people with mobility-related impairments

Numerous disruptions and barriers are encountered by persons with mobility-related disabilities in their daily’s experience of going to work and the pressure these exert on gaining and maintaining their employment. The nature and extent of their difficulties to workforce participation entails a requirement for extensive planning and also strategies to address problems of being stranded (for example, when the bus they are waiting for is not accessible). This paper presents the conceptualisation and methods of understanding workforce participation as a journey, and a discussion on the role digital technologies play in helping people with mobility-related disabilities in their journeys to work and mitigating disruptions when these occur. This is presented through an initial case study that helped identify the sequence of supports needed to be in place to make the work journey possible. Importantly, the paper also highlights points of intervention for the use of digital technologies and where design can potentially help to enhance accessibility to work for people with mobility-related impairments by making journeys to work seamless.

'A programmable digital signal averager' Reply

In a recent paper, Srinivasan et al (1980) have described a programmable digital signal averager with facility for programming the sampling period, number of channels and number of sweeps. We have examined this paper in some detail and find that some points need clarification.

Digital elevation model error in terrain analysis

Digital elevation models (DEMs) have been an important topic in geography and surveying sciences for decades due to their geomorphological importance as the reference surface for gravita-tion-driven material flow, as well as the wide range of uses and applications. When DEM is used in terrain analysis, for example in automatic drainage basin delineation, errors of the model collect in the analysis results. Investigation of this phenomenon is known as error propagation analysis, which has a direct influence on the decision-making process based on interpretations and applications of terrain analysis. Additionally, it may have an indirect influence on data acquisition and the DEM generation. The focus of the thesis was on the fine toposcale DEMs, which are typically represented in a 5-50m grid and used in the application scale 1:10 000-1:50 000. The thesis presents a three-step framework for investigating error propagation in DEM-based terrain analysis. The framework includes methods for visualising the morphological gross errors of DEMs, exploring the statistical and spatial characteristics of the DEM error, making analytical and simulation-based error propagation analysis and interpreting the error propagation analysis results. The DEM error model was built using geostatistical methods. The results show that appropriate and exhaustive reporting of various aspects of fine toposcale DEM error is a complex task. This is due to the high number of outliers in the error distribution and morphological gross errors, which are detectable with presented visualisation methods. In ad-dition, the use of global characterisation of DEM error is a gross generalisation of reality due to the small extent of the areas in which the decision of stationarity is not violated. This was shown using exhaustive high-quality reference DEM based on airborne laser scanning and local semivariogram analysis. The error propagation analysis revealed that, as expected, an increase in the DEM vertical error will increase the error in surface derivatives. However, contrary to expectations, the spatial au-tocorrelation of the model appears to have varying effects on the error propagation analysis depend-ing on the application. The use of a spatially uncorrelated DEM error model has been considered as a 'worst-case scenario', but this opinion is now challenged because none of the DEM derivatives investigated in the study had maximum variation with spatially uncorrelated random error. Sig-nificant performance improvement was achieved in simulation-based error propagation analysis by applying process convolution in generating realisations of the DEM error model. In addition, typology of uncertainty in drainage basin delineations is presented.

Formal description, compression and transformation of digital pictures II. Picture algebra and geometry

In an earlier paper (Part I) we described the construction of Hermite code for multiple grey-level pictures using the concepts of vector spaces over Galois Fields. In this paper a new algebra is worked out for Hermite codes to devise algorithms for various transformations such as translation, reflection, rotation, expansion and replication of the original picture. Also other operations such as concatenation, complementation, superposition, Jordan-sum and selective segmentation are considered. It is shown that the Hermite code of a picture is very powerful and serves as a mathematical signature of the picture. The Hermite code will have extensive applications in picture processing, pattern recognition and artificial intelligence.

Formal description, compression and transformation of digital pictures

This paper describes the application of vector spaces over Galois fields, for obtaining a formal description of a picture in the form of a very compact, non-redundant, unique syntactic code. Two different methods of encoding are described. Both these methods consist in identifying the given picture as a matrix (called picture matrix) over a finite field. In the first method, the eigenvalues and eigenvectors of this matrix are obtained. The eigenvector expansion theorem is then used to reconstruct the original matrix. If several of the eigenvalues happen to be zero this scheme results in a considerable compression. In the second method, the picture matrix is reduced to a primitive diagonal form (Hermite canonical form) by elementary row and column transformations. These sequences of elementary transformations constitute a unique and unambiguous syntactic code-called Hermite code—for reconstructing the picture from the primitive diagonal matrix. A good compression of the picture results, if the rank of the matrix is considerably lower than its order. An important aspect of this code is that it preserves the neighbourhood relations in the picture and the primitive remains invariant under translation, rotation, reflection, enlargement and replication. It is also possible to derive the codes for these transformed pictures from the Hermite code of the original picture by simple algebraic manipulation. This code will find extensive applications in picture compression, storage, retrieval, transmission and in designing pattern recognition and artificial intelligence systems.