Moments of flux in intermediary liability for copyright infringement

This chapter provides an overview of a recent shift in regulatory strategies to address copyright infringement toward enlisting the assistance of general purpose Internet Service Providers. In Australia, the High Court held in 2012 that iiNet, a general purpose ISP, had no legal duty to police what its subscribers did with their internet connections. We provide an overview of three recent developments in Australian copyright law since that decision that demonstrate an emerging shift in the way that obligations are imposed on ISPs to govern the actions of their users without relying on secondary liability. The first is a new privately negotiated industry code that introduces a 'graduated response' system that requires ISPs to pass on warnings to subscribers who receive allegations of infringement. The second involves a recent series of Federal Court cases where rightsholders made a partially successful application to require ISPs to hand over the identifying details of subscribers whose households are alleged to have infringed copyright. The third is a new legislative scheme that will require ISPs to block access to foreign websites that 'facilitate' infringement. We argue that these shifts represent a greater sophistication in approaches to enrolling general purpose intermediaries in the regulatory project. We also suggest that these shifts represent a potentially disturbing trend towards enforcement of copyright law in a way that does not provide strong safeguards for the legitimate constitutional due process interests of users. We conclude with a call for greater attention and research to better understand how intermediaries make decisions when governing the conduct of users, how those decisions may be influenced by both state and non-state actors, and how the rights of individuals to due process can be adequately protected.

Annual forecasting of the Australian macadamia crop - integrating tree census data with statistical climate-adjustment models

To facilitate marketing and export, the Australian macadamia industry requires accurate crop forecasts. Each year, two levels of crop predictions are produced for this industry. The first is an overall longer-term forecast based on tree census data of growers in the Australian Macadamia Society (AMS). This data set currently accounts for around 70% of total production, and is supplemented by our best estimates of non-AMS orchards. Given these total tree numbers, average yields per tree are needed to complete the long-term forecasts. Yields from regional variety trials were initially used, but were found to be consistently higher than the average yields that growers were obtaining. Hence, a statistical model was developed using growers' historical yields, also taken from the AMS database. This model accounted for the effects of tree age, variety, year, region and tree spacing, and explained 65% of the total variation in the yield per tree data. The second level of crop prediction is an annual climate adjustment of these overall long-term estimates, taking into account the expected effects on production of the previous year's climate. This adjustment is based on relative historical yields, measured as the percentage deviance between expected and actual production. The dominant climatic variables are observed temperature, evaporation, solar radiation and modelled water stress. Initially, a number of alternate statistical models showed good agreement within the historical data, with jack-knife cross-validation R2 values of 96% or better. However, forecasts varied quite widely between these alternate models. Exploratory multivariate analyses and nearest-neighbour methods were used to investigate these differences. For 2001-2003, the overall forecasts were in the right direction (when compared with the long-term expected values), but were over-estimates. In 2004 the forecast was well under the observed production, and in 2005 the revised models produced a forecast within 5.1% of the actual production. Over the first five years of forecasting, the absolute deviance for the climate-adjustment models averaged 10.1%, just outside the targeted objective of 10%.

Child temperament and parental personality: continuity and transactional change

Studying the continuity and underlying mechanisms of temperament change from early childhood through adulthood is clinically and theoretically relevant. Knowledge of the continuity and change of temperament from infancy onwards, especially as perceived by both parents is, however, still scanty. Only in recent years have researchers become aware that personality, long considered as stable in adulthood, may also change. Further, studies that focus on the transactional change of child temperament and parental personality also seem to be lacking, as are studies focusing on transactions between child temperament and more transient parental characteristics, like parental stress. Therefore, this longitudinal study examined the degree of continuity of temperament over five years from the infant s age of six months to the child s age of five and a half years, as perceived by both biological parents, and also investigated the bidirectional effects between child temperament and parents personality traits and overall stress experienced during that time. First, moderate to high levels of continuity of temperament from infancy to middle childhood were shown, depicting the developmental links between affectively positive and well-adjusted temperament characteristics, and between characteristics of early and later negative affectivity. The continuity of temperament was quantitatively and qualitatively similar in both parents ratings. The findings also demonstrate that infant and childhood temperament characteristics cluster to form stable temperament types that resemble personality types shown in child and adult personality studies. Second, the parental personality traits of extraversion and neuroticism were shown to be highly stable over five years, but evidence of change in relation to parents views of their child s temperament was also shown: an infant s higher positive affectivity predicted an increase in parental extraversion, while the infant s higher activity level predicted a decrease in parental neuroticism over five years. Furthermore, initially higher parental extraversion predicted higher ratings of the child s effortful control, while initially higher parental neuroticism predicted the child s higher negative affectivity. In terms of changes in parental stress, the infant s higher activity level predicted a decrease in maternal overall stress, while initially higher maternal stress predicted a higher level of child negative affectivity in middle childhood. Together, the results demonstrate that the mother- and father-rated temperament of the child shows continuity during the early years of life, but also support the view that the development of these characteristics is sensitive to important contextual factors such as parental personality and overall stress. While parental personality and experienced stress were shown to have an effect on the child s developing temperament, the reverse was also true: the parents own personality traits and perceived stress seemed to be highly stable, but also susceptible to their experiences of their child s temperament.

Simulating the effects of saline and sodic subsoils on wheat crops growing on Vertosols

Soils with high levels of chloride and/or sodium in their subsurface layers are often referred to as having subsoil constraints (SSCs). There is growing evidence that SSCs affect wheat yields by increasing the lower limit of a crop's available soil water (CLL) and thus reducing the soil's plant-available water capacity (PAWC). This proposal was tested by simulation of 33 farmers' paddocks in south-western Queensland and north-western New South Wales. The simulated results accounted for 79% of observed variation in grain yield, with a root mean squared deviation (RMSD) of 0.50 t/ha. This result was as close as any achieved from sites without SSCs, thus providing strong support for the proposed mechanism that SSCs affect wheat yields by increasing the CLL and thus reducing the soil's PAWC. In order to reduce the need to measure CLL of every paddock or management zone, two additional approaches to simulating the effects of SSCs were tested. In the first approach the CLL of soils was predicted from the 0.3-0.5 m soil layer, which was taken as the reference CLL of a soil regardless of its level of SSCs, while the CLL values of soil layers below 0.5 m depth were calculated as a function of these soils' 0.3-0.5 m CLL values as well as of soil depth plus one of the SSC indices EC, Cl, ESP, or Na. The best estimates of subsoil CLL values were obtained when the effects of SSCs were described by an ESP-dependent function. In the second approach, depth-dependent CLL values were also derived from the CLL values of the 0.3-0.5 m soil layer. However, instead of using SSC indices to further modify CLL, the default values of the water-extraction coefficient (kl) of each depth layer were modified as a function of the SSC indices. The strength of this approach was evaluated on the basis of correlation of observed and simulated grain yields. In this approach the best estimates were obtained when the default kl values were multiplied by a Cl-determined function. The kl approach was also evaluated with respect to simulated soil moisture at anthesis and at grain maturity. Results using this approach were highly correlated with soil moisture results obtained from simulations based on the measured CLL values. This research provides strong evidence that the effects of SSCs on wheat yields are accounted for by the effects of these constraints on wheat CLL values. The study also produced two satisfactory methods for simulating the effects of SSCs on CLL and on grain yield. While Cl and ESP proved to be effective indices of SSCs, EC was not effective due to the confounding effect of the presence of gypsum in some of these soils. This study provides the tools necessary for investigating the effects of SSCs on wheat crop yields and natural resource management (NRM) issues such as runoff, recharge, and nutrient loss through simulation studies. It also facilitates investigation of suggested agronomic adaptations to SSCs.

Climate change impacts on northern Australian rangeland livestock carrying capacity: a review of issues

Grazing is a major land use in Australia's rangelands. The 'safe' livestock carrying capacity (LCC) required to maintain resource condition is strongly dependent on climate. We reviewed: the approaches for quantifying LCC; current trends in climate and their effect on components of the grazing system; implications of the 'best estimates' of climate change projections for LCC; the agreement and disagreement between the current trends and projections; and the adequacy of current models of forage production in simulating the impact of climate change. We report the results of a sensitivity study of climate change impacts on forage production across the rangelands, and we discuss the more general issues facing grazing enterprises associated with climate change, such as 'known uncertainties' and adaptation responses (e.g. use of climate risk assessment). We found that the method of quantifying LCC from a combination of estimates (simulations) of long-term (>30 years) forage production and successful grazier experience has been well tested across northern Australian rangelands with different climatic regions. This methodology provides a sound base for the assessment of climate change impacts, even though there are many identified gaps in knowledge. The evaluation of current trends indicated substantial differences in the trends of annual rainfall (and simulated forage production) across Australian rangelands with general increases in most of western Australian rangelands ( including northern regions of the Northern Territory) and decreases in eastern Australian rangelands and south-western Western Australia. Some of the projected changes in rainfall and temperature appear small compared with year-to-year variability. Nevertheless, the impacts on rangeland production systems are expected to be important in terms of required managerial and enterprise adaptations. Some important aspects of climate systems science remain unresolved, and we suggest that a risk-averse approach to rangeland management, based on the 'best estimate' projections, in combination with appropriate responses to short-term (1-5 years) climate variability, would reduce the risk of resource degradation. Climate change projections - including changes in rainfall, temperature, carbon dioxide and other climatic variables - if realised, are likely to affect forage and animal production, and ecosystem functioning. The major known uncertainties in quantifying climate change impacts are: (i) carbon dioxide effects on forage production, quality, nutrient cycling and competition between life forms (e.g. grass, shrubs and trees); and (ii) the future role of woody plants including effects of. re, climatic extremes and management for carbon storage. In a simple example of simulating climate change impacts on forage production, we found that increased temperature (3 degrees C) was likely to result in a decrease in forage production for most rangeland locations (e. g. -21% calculated as an unweighted average across 90 locations). The increase in temperature exacerbated or reduced the effects of a 10% decrease/increase in rainfall respectively (-33% or -9%). Estimates of the beneficial effects of increased CO2 (from 350 to 650 ppm) on forage production and water use efficiency indicated enhanced forage production (+26%). The increase was approximately equivalent to the decline in forage production associated with a 3 degrees C temperature increase. The large magnitude of these opposing effects emphasised the importance of the uncertainties in quantifying the impacts of these components of climate change. We anticipate decreases in LCC given that the 'best estimate' of climate change across the rangelands is for a decline (or little change) in rainfall and an increase in temperature. As a consequence, we suggest that public policy have regard for: the implications for livestock enterprises, regional communities, potential resource damage, animal welfare and human distress. However, the capability to quantify these warnings is yet to be developed and this important task remains as a challenge for rangeland and climate systems science.

Temperature and Salinity Tolerances of the Tropical Spiny Lobster, Panulirus ornatus

Interest in the development of aquaculture of the tropical spiny lobster, Panulirus ornatus, has increased markedly over the past 10 yr because of strong market demand and high prices. In Australia, economic conditions will necessitate that a semi-intensive approach be taken, possibly involving managed environmental conditions. Identification of optimal temperature and salinity levels will be necessary, and therefore two experiments were performed to examine these two parameters. Juvenile lobsters were grown in tanks at five temperatures (19, 22, 25, 28 and 31 C). Growth was significantly affected by temperature (P < 0.01), and maximal growth occurred at 25-31 C. Examination of the temperature effect on molt increment and intermolt period indicated that 27 C was the optimal temperature, at which molt increment was greatest and intermolt period the least. Temperature also had a significant (P < 0.01) positive effect on apparent feed intake (AFI). Juvenile lobsters were also exposed to four different salinities (20, 25, 30 and 35 ppt) over a period of 91 d. Significant differences (P < 0.01) were apparent for both survival and growth. Lowest survival occurred at 35 ppt which may be attributable to higher cannibalism at that salinity. Growth was highest at 35 ppt and progressively less at lower salinities. Although full marine salinity (35 ppt) will generate best performance of P. ornatus, its capacity to tolerate reduced salinity will provide greater opportunity to develop commercial aquaculture.

A constraint-led approach for PE teachers

The Game Sense coaching approach emphasises the modification of game elements or the development of modified games to achieve learning outcomes. In this article we will introduce the constraints-led approach to learning and demonstrate how the theory can underpin the design of games lessons ensuring that teachers give themselves the best chance of satisfying the skill acquisition and psychological needs of every child in PE.

Child rights as perceived by the community members in India

Attitudes, knowledge, and perceptions of an individual influence their behavior as well as culture of a society. The objective of the study was to understand the attitudes and knowledge of 584 Indian community members regarding child rights and their perceptions about whether selected child rights were secured in reality. Overall attitudes of vast majority (96 – 98%) of the participants towards child rights were found to be positive i.e., children should have rights in various respects except issue like right to meet others (Article 15 of CRC). Knowledge of majority of the participants about child rights related legislations was moderate and varied across the cities while participants were unanimous about poor lived experiences of child rights in reality. So far as attitude and perception are concerned about child rights, there was a significant difference in the distribution between cities (p<0.01). Overall, the Rights of Children to Free and Compulsory Education Act, 2009 had the highest awareness (91.3%, n=533), followed by the Child Labour (Prohibition and Regulation) Act, 1986 (89.7%, n=523) and the Prohibition of Child Marriage Act, 2006 (89.6%, n=523). Findings of the present study speak in favor of community awareness about child rights and penalties for violation of child rights.

Intergenerational Transfer of Sabbath Observance : How is Religious Tradition Transferred to Children among Finnish Seventh-day Adventists?

This study examined religious home education in educational, psychological, and sociological context. Growing up within a religious denomination is a process of learning the rules, norms, opinions, and attitudes, which serve to make the individual an active member of the group. It is a process of transferring the cultural inheritance between generations. Sabbathkeeping can be regarded as a strong indicator of the Seventh-day Adventist value system, which is also why I have concentrated on this specific issue in my study. The purpose of the study was to find out, how the Sabbath is transferred from parents to children among Finnish Adventists. It was also examined how parents could make the day of rest positively exceptional for children, and how the parental authoritativeness affects the process of transference. According to Bull & Lockhart s (1989) theory, the amount of Adventist generations in family history influences the transfer of religious tradition. This study aimed to find out whether or not this theory would apply to the present-day Finland. The nature of religious development among Adventist young people was also one of the interests of the research. The methods used in the study were in-depth interviews (n = 10) and a survey (n = 106). The majority of the interviewees was young adults (age 15-30) grown up in Adventist families. The interviews were taped and transcribed for the study, and survey answers were analysed with SPSS-data analysis program. The amount of survey questionnaires evaluated was 106, whole population of 15-30 year-old Finnish Adventists being about one thousand. Democratic relationship between parents and children, parents' example, encouragement to own thinking, and positive experiences of Sabbath and the whole religion, including the social dimension of the Adventism, seem to be some of the most significant factors in transference of religious tradition. Both too severe and too permissive education were considered to lead to similar results: unsuccessful transfer of values, or even rebellion and adopting a totally opposite way of life than that of the parents. In this study the amount of Adventist generations in family history does not correlate significantly with the end results of value transference. Keywords: Sabbath, intergenerational, value transference, religious home education Avainsanat: sapatti, arvojen siirtyminen vanhemmilta lapsille, uskonnollinen kotikasvatus

Mandatory Reporting and the Difficulties Identifying and Responding to Risk of Severe Neglect: A Response Requiring a Rethink

Neglect of children is a significant social issue worldwide and is typically the most frequently reported form of maltreatment in Western nations, with its severe forms sometimes resulting in significant illness and disablement or death. Yet, paradoxically, it remains ‘neglected’ and largely in the shadow of physical and sexual abuse, often being viewed as less serious despite the real-life consequences of its insidious and compounding nature and the lasting damage it causes to intergenerational familial relationships and the life outcomes of those affected. This chapter explores the many complex forms of child neglect, its causes and impacts and the strategies to prevent it. In particular, a critical standpoint is taken in analysing the rationale and merits of mandatory reporting of neglect and their effects, systemically and for children.

Equilibrium studies of ammonium exchange with Australian natural zeolites

This paper is concerned with the study of the equilibrium exchange of ammonium ions with two natural zeolite samples sourced in Australia from Castle Mountain Zeolites and Zeolite Australia. A range of sorption models including Langmuir Vageler, Competitive Langmuir, Freundlich, Temkin, Dubinin Astakhov and Brouers–Sotolongo were applied in order to gain an insight as to the exchange process. In contrast to most previous studies, non-linear regression was used in all instances to determine the best fit of the experimental data. Castle Mountain natural zeolite was found to exhibit higher ammonium capacity than Zeolite Australia material when in the freshly received state, and this behavior was related to the greater amount of sodium ions present relative to calcium ions on the zeolite exchange sites. The zeolite capacity for ammonium ions was also found to be dependent on the solution normality, with 35–60% increase inuptake noted when increasing the ammonium concentration from 250 to 1000 mg/L. The optimal fit ofthe equilibrium data was achieved by the Freundlich expression as confirmed by use of Akaikes Information Criteria. It was emphasized that the bottle-point method chosen influenced the isotherm profile in several ways, and could lead to misleading interpretation of experiments, especially if the constant zeolite mass approach was followed. Pre-treatment of natural zeolite with acid and subsequently sodium hydroxide promoted the uptake of ammonium species by at least 90%. This paper highlighted the factors which should be taken into account when investigating ammonium ion exchange with natural zeolites.

Turf for tough times - keeping grass cover with less water, Proceedings of a seminar held at Redlands Research Station, Cleveland, Queensland, 6 June 2007.

Suitable for gaining some insights into important questions about the management of turf in dry times. Improve your product quality and avoid unnecessary losses. Can varieties help? How important are soils in conserving moisture and how do I measure my soil's condition? How can I make the best use of available water? Can water retaining amendments assist in establishing turf? Is recycled water a good option? Contains research results from turfgrass trials conducted by Queensland Government scientists for Queensland conditions.

Species-site matching in mixed species plantations of native trees in tropical Australia

Mixed species plantations using native trees are increasingly being considered for sustainable timber production. Successful application of mixed species forestry systems requires knowledge of the potential spatial interaction between species in order to minimise the chance of dominance and suppression and to maximise wood production. Here, we examined species performances across 52 experimental plots of tree mixtures established on cleared rainforest land to analyse relationships between the growth of component species and climate and soil conditions. We derived site index (SI) equations for ten priority species to evaluate performance and site preferences. Variation in SI of focus species demonstrated that there are strong species-specific responses to climate and soil variables. The best predictor of tree growth for rainforest species Elaeocarpus grandis and Flindersia brayleyana was soil type, as trees grew significantly better on well-draining than on poorly drained soil profiles. Both E. grandis and Eucalyptus pellita showed strong growth response to variation in mean rain days per month. Our study generates understanding of the relative performance of species in mixed species plantations in the Wet Tropics of Australia and improves our ability to predict species growth compatibilities at potential planting sites within the region. Given appropriate species selections and plantation design, mixed plantations of high-value native timber species are capable of sustaining relatively high productivity at a range of sites up to age 10 years, and may offer a feasible approach for large-scale reforestation.

Short-term survival of discarded pearl perch (Glaucosoma scapulare Ramsay, 1881) caught by hook-and-line in Queensland, Australia

Post-release survival of line-caught pearl perch (Glaucosoma scapulare) was assessed via field experiments where fish were angled using methods similar to those used by commercial, recreational and charter fishers. One hundred and eighty-three individuals were caught during four experiments, of which >91% survived up to three days post-capture. Hook location was found to be the best predictor of survival, with the survival of throat- or stomach-hooked pearl perch significantly (P < 0.05) lower than those hooked in either the mouth or lip. Post-release survival was similar for both legal (≥35 cm) and sub-legal (<35 cm) pearl perch, while those individuals showing no signs of barotrauma were more likely to survive in the short term. Examination of the swim bladders in the laboratory, combined with observations in the field, revealed that swim bladders rupture during ascent from depth allowing swim bladder gases to escape into the gut cavity. As angled fish approach the surface, the alimentary tract ruptures near the anus allowing swim bladder gases to escape the gut cavity. As a result, very few pearl perch exhibit barotrauma symptoms and no barotrauma mitigation strategies were recommended. The results of this study show that pearl perch are relatively resilient to catch-and-release suggesting that post-release mortality would not contribute significantly to total fishing mortality. We recommend the use of circle hooks, fished actively on tight lines, combined with minimal handling in order to maximise the post-release survival of pearl perch.

Wheat biomass and yield increased when populations of the root-lesion nematode (Pratylenchus thornei) were reduced through sequential rotation of partially resistant winter and summer crops

The root-lesion nematode, Pratylenchus thornei, can reduce wheat yields by >50%. Although this nematode has a broad host range, crop rotation can be an effective tool for its management if the host status of crops and cultivars is known. The summer crops grown in the northern grain region of Australia are poorly characterised for their resistance to P. thornei and their role in crop sequencing to improve wheat yields. In a 4-year field experiment, we prepared plots with high or low populations of P. thornei by growing susceptible wheat or partially resistant canaryseed (Phalaris canariensis); after an 11-month, weed-free fallow, several cultivars of eight summer crops were grown. Following another 15-month, weed-free fallow, P. thornei-intolerant wheat cv. Strzelecki was grown. Populations of P. thornei were determined to 150 cm soil depth throughout the experiment. When two partially resistant crops were grown in succession, e.g. canaryseed followed by panicum (Setaria italica), P. thornei populations were <739/kg soil and subsequent wheat yields were 3245 kg/ha. In contrast, after two susceptible crops, e.g. wheat followed by soybean, P. thornei populations were 10 850/kg soil and subsequent wheat yields were just 1383 kg/ha. Regression analysis showed a linear, negative response of wheat biomass and grain yield with increasing P. thornei populations and a predicted loss of 77% for biomass and 62% for grain yield. The best predictor of wheat yield loss was P. thornei populations at 0-90 cm soil depth. Crop rotation can be used to reduce P. thornei populations and increase wheat yield, with greatest gains being made following two partially resistant crops grown sequentially.