The legitimacy of graduated response schemes in copyright law

In an attempt to curb online copyright infringement, copyright owners are increasingly seeking to enlist the assistance of Internet Service Providers (‘ISPs’) to enforce copyright and impose sanctions on their users.1 Commonly termed ‘graduated response’ schemes, these measures generally require that the ISP take some action against users suspected of infringing copyright, ranging from issuing warnings, to collating allegations made against subscribers and reporting to copyright owners, to suspension and eventual termination of service.

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.

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"!

Negotiating : experiences of community nurses when contracting with clients

A community nurse is required to have excellent interpersonal, teaching, collaborative and clinical skills in order to develop effective individualised client care contracts. Using a descriptive qualitative design data was collected from two focus groups of fourteen community nurses to explore the issues surrounding negotiating and contracting client care contracts from the perspective of community nurses. Thematic analysis revealed three themes: ‘assessment of needs’, ‘education towards enablement’, and ‘negotiation’. ‘Assessment of needs’ identified that community nurses assess both the client’s requirements for health care as well as the ability of the nurse to provide that care. ‘Education towards enablement’ described that education of the client is a common strategy used by community nurses to establish realistic goals of health care as part of developing an ongoing care plan. The final theme, ‘negotiation’, involved an informed agreement between the client and the community nurse which forms the origin of the care contract that will direct the partnership between the client and the nurse. Of importance for community nurses is that development of successful person-centred care contracts requires skillful negotiation of care that strikes the balance between the needs of the client and the ability of the nurse to meet those needs.

Mandatory sentencing : a criminological perspective

This paper will give a ‘criminological perspective’ on mandatory sentencing. It will however largely avoid the issues of the effect of mandatory sentencing provisions on the judicial process and judicial independence, as this has already been covered by Sir Anthony Mason. It will also avoid the legal issues concerning the constitutional, human rights and international law aspects of mandatory sentencing which will be covered by later speakers. The aim will be to give a brief overview of research which evaluates the effects of mandatory sentencing provisions in terms of the available evidence of whether they meet their stated aims of deterrence, selective incapacitation and the reduction of crime rates. This will be done in two parts, first in relation to the more extensive experiment in mandatory sentencing in the USA which has provided some of the impetus and metaphors ("three strikes") for recent Australian developments; and second the recent mandatory sentencing provisions in Western Australia (WA) and the Northern Territory (NT). Evidence from both the US and WA (NT is hard to assess because of the lack of proper monitoring and criminal statistics) indicates that mandatory sentencing does not produce the effects of deterrence, selective incapacitation and crime reduction which are its stated justifications and does produce a range of damaging side effects in terms of distortion of the judicial process, wildly disproportionate sentencing, additional financial and social cost and deepening social exclusion of individuals and particular communities. So what is left are the less acknowledged underpinnings of mandatory sentencing in the form of the symbolic politics of law and order, the politics of social exclusion and a displacement of racial anxieties and hostilities onto the terrain of the legal. In fashioning this necessarily brief overview a number of sources have been heavily drawn upon, in particular the excellent work by Neil Morgan from UWA (Morgan, 1995;1999; 2000); Dianne Johnson and George Zdenkowski in their detailed report to the Senate Inquiry (2000); and a number of articles appearing in 1999 in an excellent special issue of the UNSW Law Journal, all of which are highly recommended for further reading.

Continuity, Rupture, or just more of the 'Volatile and Contradictory': Glimpses of New South Wales' Penal Practice behind and through the Discursive

Throughout much of the western world more and more people are being sent to prison, one of a number of changes inspired by a 'new punitiveness' in penal and political affairs. This book seeks to understand these developments, bringing together leading authorities in the field to provide a wide-ranging analysis of new penal trends, compare the development of differing patterns of punishment across different types of societies, and to provide a range of theoretical analyses and commentaries to help understand their significance. As well as increases in imprisonment this book is also concerned to address a number of other aspects of 'the new punitiveness': firstly, the return of a number of forms of punishment previously thought extinct or inappropriate, such as the return of shaming punishments and chain gangs (in parts of the USA); and secondly, the increasing public involvement in penal affairs and penal development, for example in relation to length of sentences and the California Three Strikes Law, and a growing accreditation of the rights of victims. The book will be essential reading for students seeking to understand trends and theories of punishment on law, criminology, penology and other courses.

Gender, sexuality, and rurality in the mining industry

Sexuality is a subject that has been, at best, marginal in the significant body of literature that has examined gender and mining in contemporary Western nations. This is despite the fact that academics have circled, if not almost bumped into the topic in closely related discussions of hegemonic masculinity and mining work, and of patriarchal familial relations and mining communities. This scholarship has documented what has been and remains women’s primary relationship to mining—that is, as a “mining wife.” How patriarchal relations are manifest in and emerge from this state of affairs has been critiqued with research on the gendered implications of housing arrangements in mining towns, the division of household labor, changing shift-work mining rosters, and the gendered consequences of strikes and mine closures (Williams 1981; Gibson 1992; Gibson-Graham 1996; Rhodes 2005; McDonald, Mayes, and Pini 2012). Despite the centrality of the heterosexual relationship—and indeed heteronormativity—to these discussions, scholars of gender and mining have had little to say on the subject of sexuality. In response to this lacuna, this chapter takes an exploratory lens to the subject of sexuality and the mining industry. We approach the task from the perspective that the mining industry is gendered as masculine. That is, definitions of mining mobilize around masculinized notions of physicality, technical competence with machinery, and strength, as well as emphasize the harshness and dirtiness of the work (Mayes and Pini 2010).

Building resilient communities : creating effective multi-channel communication during disaster response and recovery

Aim: To examine evidence-based strategies that motivate appropriate action and increase informed decision-making during the response and recovery phases of disasters.

From Catch Up to Innovation: A History of occupational Health and Safety Regulation in Queensland

From Queensland’s inception as a self-governing colony in December 1859 the issue of labour relations has preoccupied governments and shaped the experiences of its working men and women. However, despite the often turbulent nature of labour relations in Queensland there has, prior to this book, been no attempt to provide an overview of the system as a whole. This important addition to Queensland’s sesquicentenary celebrations redresses this failure, looking at the diverse range of experiences that, together, made up a unique system of labour relations – including those of employers, women workers, indigenous workers, unions, the Queensland Industrial Relations Commission, labour law, industrial disputation, the workings of health and safety system and life in regional areas. It is argued that, overall, Queensland’s system of industrial regulation was central to its economic and social development. Despite past emphasis on the large-scale strikes that periodically raked the state this book finds that consensus normally prevailed.

Testing times for the implementation of curriculum change: Analysis and extension of a curriculum change model

School curriculum change processes have traditionally been managed internally. However, in Queensland, Australia, as a response to the current high-stakes accountability regime, more and more principals are outsourcing this work to external change agents (ECAs). In 2009, one of the authors (a university lecturer and ECA) developed a curriculum change model (the Controlled Rapid Approach to Curriculum Change (CRACC)), specifically outlining the involvement of an ECA in the initiation phase of a school’s curriculum change process. The purpose of this paper is to extend the CRACC model by unpacking the implementation phase, drawing on data from a pilot study of a single school. Interview responses revealed that during the implementation phase, teachers wanted to be kept informed of the wider educational context; use data to constantly track students; relate pedagogical practices to testing practices; share information between departments and professional levels; and, own whole school performance. It is suggested that the findings would be transferable to other school settings and internal leadership of curriculum change. The paper also strikes a chord of concern – Do the responses from teachers operating in such an accountability regime live their professional lives within this corporate and globalised ideology whether they want to or not?

Fast and accurate business process drift detection

Business processes are prone to continuous and unexpected changes. Process workers may start executing a process differently in order to adjust to changes in workload, season, guidelines or regulations for example. Early detection of business process changes based on their event logs – also known as business process drift detection – enables analysts to identify and act upon changes that may otherwise affect process performance. Previous methods for business process drift detection are based on an exploration of a potentially large feature space and in some cases they require users to manually identify the specific features that characterize the drift. Depending on the explored feature set, these methods may miss certain types of changes. This paper proposes a fully automated and statistically grounded method for detecting process drift. The core idea is to perform statistical tests over the distributions of runs observed in two consecutive time windows. By adaptively sizing the window, the method strikes a trade-off between classification accuracy and drift detection delay. A validation on synthetic and real-life logs shows that the method accurately detects typical change patterns and scales up to the extent it is applicable for online drift detection.

Järjestö jäänmurtajana : Suomen merimiesunioni työmarkkinaosapuolena ja suomalaisten laivatyöntekijöiden turvallisuuden vankentajana 1944-1980

Like an Icebreaker: The Finnish Seamen s Union as collective bargaining maverick and champion of sailors social safety 1944-1980. The Finnish Seamen's Union (FSU), which was established on a national basis in 1920, was one of the first Finnish trade unions to succeed in collective bargaining. In the early 1930s, the gains made in the late 1920s were lost, due to politically based internal rivalries, the Great Depression, and a disastrous strike. Unexpectedly the FSU survived and went on promoting the well-being of its members even during World War II. After the war the FSU was in an exceptionally favorable position to exploit the introduction of coordinated capitalism, which was based on social partnership between unions, employers and government. Torpedoes, mines and confiscations had caused severe losses to the Finnish merchant marine. Both ship-owners and government alike understood the crucial importance of using the remaining national shipping capacity effectively. The FSU could no longer be crushed, and so, in 1945, the union was allowed to turn all ocean-going Finnish ships into closed shops. The FSU also had another source of power. After the sailors of the Finnish icebreaker fleet also joined its ranks, the FSU could, in effect, block Finnish foreign trade in wintertime. From the late 1940s to the 1960s the union started and won numerous icebreaker strikes. Finnish seamen were thus granted special pension rights, reductions on income taxes and import duties, and other social privileges. The FSU could neither be controlled by union federations nor intimidated by employers or governments. The successful union and its tactically clever chairperson, Niilo Välläri, were continuously but erroneously accused of syndicalism. Välläri did not aim for socialism but wanted the Finnish seamen to get all the social benefits that capitalism could possibly offer. Välläri s policy was successfully followed by the FSU until the late 1980s when Finnish ship-owners were allowed to flag their vessels outside the national registry. Since then the FSU has been on the defensive and has yielded to pay cuts. The FSU members have not lost their social benefits, but they are under constant fear of losing their jobs to cheap foreign labor.

Fundamental Principles and Rights At Work: Value, Viability, Incidence and Importance as Elements For Economic Progress and Social Justice

Working Paper prepared for the ILO by Maria Luz Vega Ruiz and Daniel Martinez, focusing on the rights at work in Latin America and the Caribbean.

Labor-Management Cooperation

[Excerpt] In analyzing labor-management cooperation, it is important to be clear on what it is not. It is not an absence of strikes or conflict. Cooperation is not synonymous with industrial peace. Cooperation may take place even when bargaining leads to work stoppages; conversely, the mere absence of strikes is no evidence that there is labor-management cooperation. In the current period, there is a tendency to equate concessionary bargaining with labor-management cooperation. Demand for and acceptance of "givebacks" reflect economic pressures and relative bargaining strength and ought not to be interpreted as evidence of a cooperative relationship.

Introduction

[Excerpt] There is perhaps no more visible segment of the American economy than the arts and entertainment sector. When the Writers guild engaged its members in a strike against the Alliance of Motion Picture and Television Producers in 1988, the popular culture of the vast majority of the American public was deeply affected. New television shows were delayed and the networks scrambled to find replacement programming. Virtually everyone was aware of the labor-management conflict, though probably not of its cause, and conscious of its impact on their lives. It could be argued that strikes in any of a half-dozen industries over the course of that year had less impact on the average American life, even though many times the number of workers were effected.