Internet and e-commerce law, business and policy

Over the last two decades, the internet and e-commerce have reshaped the way we communicate, interact and transact. In the converged environment enabled by high speed broadband, web 2.0, social media, virtual worlds, user-generated content, cloud computing, VoIP, open source software and open content have rapidly become established features of our online experience. Business and government alike are increasingly using the internet as the preferred platform for delivery of their goods and services and for effective engagement with their clients. New ways of doing things online and challenges to existing business, government and social activities have tested current laws and often demand new policies and laws, adapted to the new realities. The focus of this book is the regulation of social, cultural and commercial activity on the World Wide Web. It considers developments in the law that have been, and continue to be, brought about by the emergence of the internet and e-commerce. It analyses how the law is applied to define rights and obligations in relation to online infrastructure, content and practices.

Regulating journalists? The Finkelstein Review, the Convergence Review, and News Media Regulation in Australia

This paper identifies two major forces driving change in media policy worldwide: media convergence, and renewed concerns about media ethics, with the latter seen in the U.K. Leveson Inquiry. It focuses on two major public inquiries in Australia during 2011-2012 – the Independent Media Inquiry (Finkelstein Review) and the Convergence Review – and the issues raised about future regulation of journalism and news standards. Drawing upon perspectives from media theory, it observes the strong influence of social responsibility theories of the media in the Finkelstein Review, and the adverse reaction these received from those arguing from Fourth Estate/free press perspectives, which were also consistent with the longstanding opposition of Australian newspaper proprietors to government regulation. It also discusses the approaches taken in the Convergence Review to regulating for news standards, in light of the complexities arising from media convergence. The paper concludes with consideration of the fast-changing environment in which such proposals to transform media regulation are being considered, including the crisis of news media organisation business models, as seen in Australia with major layoffs of journalists from the leading print media publications.

Towards more systematic Twitter analysis : metrics for tweeting activities

Twitter is an important and influential social media platform, but much research into its uses remains centred around isolated cases – e.g. of events in political communication, crisis communication, or popular culture, often coordinated by shared hashtags (brief keywords, prefixed with the symbol ‘#’). In particular, a lack of standard metrics for comparing communicative patterns across cases prevents researchers from developing a more comprehensive perspective on the diverse, sometimes crucial roles which hashtags play in Twitter-based communication. We address this problem by outlining a catalogue of widely applicable, standardised metrics for analysing Twitter-based communication, with particular focus on hashtagged exchanges. We also point to potential uses for such metrics, presenting an indication of what broader comparisons of diverse cases can achieve.

Libraries as co-working spaces : understanding user motivations and perceived barriers to social learning

This paper aims to inform design strategies for smart space technology to enhance libraries as environments for co-working and informal social learning. The focus is on understanding user motivations, behaviour, and activities in the library when there is no programmed agenda. The study analyses gathered data over five months of ethnographic research at ‘The Edge’ – a bookless library space at the State Library of Queensland in Brisbane, Australia, that is explicitly dedicated to co-working, social learning, peer collaboration, and creativity around digital culture and technology. The results present five personas that embody people’s main usage patterns as well as motivations, attitudes, and perceived barriers to social learning. It appears that most users work individually or within pre-organised groups, but usually do not make new connections with co-present, unacquainted users. Based on the personas, four hybrid design dimensions are suggested to improve the library as a social interface for shared learning encounters across physical and digital spaces. The findings in this paper offer actionable knowledge for managers, decision makers, and designers of technology-enhanced library spaces and similar collaboration and co-working spaces.

Netflix : a house of cards or the new HBO?

'House of Cards' was a $100 million, 13-episode TV series starring Kevin Spacey and directed by David Fincher, that premiered in 2013 exclusively online, available only to Netflix subscribers. For over a year, Netflix had received much media attention for both its rapid international expansion and for its financial woes resulting in a plummeting share price and had some financial analysts postulating that it might not even survive. This article asks how can a company that teetering on the brink spend $100 million commissioning a TV series, let alone push ahead with global expansion? It asks is Netflix’s business model sustainable? And if it is, what does its entry into original programming mean for the future of television?

Submission to House Standing Committee on Infrastructure and Communications inquiry into IT Pricing

The strategies of price discrimination engaged in by a number of international publishers, coupled with a lack of competition and restrictions on the ability of consumers to engage in arbitrage, is likely to undermine the legitimacy of copyright law in Australia. By increasing prices beyond a reasonable and fair level, these strategies also undermine the goal of copyright law to enhance access to cultural goods. Enhancing access – and therefore lowering prices – is crucial to enhancing Australia's innovative capacity and the ability of Australians to experience, learn, act, and grow through cultural works. We recommend that the committee investigates the following options: 1. Repeal parallel importation restrictions; 2. Fundamentally reconsider the operation of anti-circumvention law in the context of digital distribution models; 3. Prohibit and render unenforceable contractual restrictions on parallel importation; 4. Introduce a right of digital resale in Australia.

Usability of small crisis data sets in the absence of big data

Big data is big news in almost every sector including crisis communication. However, not everyone has access to big data and even if we have access to big data, we often do not have necessary tools to analyze and cross reference such a large data set. Therefore this paper looks at patterns in small data sets that we have ability to collect with our current tools to understand if we can find actionable information from what we already have. We have analyzed 164390 tweets collected during 2011 earthquake to find out what type of location specific information people mention in their tweet and when do they talk about that. Based on our analysis we find that even a small data set that has far less data than a big data set can be useful to find priority disaster specific areas quickly.

Explaining Pathe's global dominance in the pre-Hollywood film industry

For almost a decade before Hollywood existed, French firm Pathe towered over the early film industry with estimates of its share of all films sold around the world varying between 50-70%. This paper analyses Pathe’s rise to market leadership by applying a theoretical framework drawn from the business literature on causes of industry dominance, that provides insights into how firms acquire and maintain market dominance. This paper uses evidence presented by film historians to argue that Pathe “fits” the expected theoretical model of the dominant firm because it had a marketing orientation, used an effective quality- based competitive strategy and possessed the six critical strategic marketing capabilities that business research shows enable the best performing firms to consistently outperform rivals.

Hollywood’s dominance : a revisionist approach

This 
paper 
is
 based
 on 
a
 PhD 
thesis
 that investigated how Hollywood’s
dominance 
of
 the
 movie
 industry 
arose
 and
 how
 it
 has
 been
 maintained
over
time.
 Major 
studio
 dominance 
and
 the 
global
 popularity 
of
Hollywood
 movies has
 been
 the 
subject
 of
 numerous 
studies. 
An interdisciplinary
 literature 
review
 of 
the
 economics,
 management,
marketing,
 film,
 media
 and
 culture 
literatures
 identified
 twenty
 different 
single 
or
multiple 
factor
 explanations
 that 
try
 to
 account
 for
Major
 studio
 dominance 
at
 different
 time
 periods
 but
 cannot
comprehensively 
explain 
how 
Hollywood
 acquired
 and 
maintained
 global
 dominance 
for
 nine
 decades. 
Existing 
strategic
 management 
and
marketing
 theories
 were 
integrated 
into
 a 
‘theoretical
 lens’
 that
 enabled
a
 historical
 analysis
 of 
Hollywood’s
 longstanding 
dominance 
of
 the
movie
 business
 to
 be 
undertaken 
from 
a
 strategic
 business
 perspective.
 This
 paper
 concludes
 that 
the
 major 
studios 
rise 
to
 market 
leadership
 and 
enduring
 dominance
 can
 primarily
 be
 explained 
because 
they
 developed
 and 
maintained 
a 
set
 of
 strategic
 marketing
 management
 capabilities 
that
 were
 superior 
to rival
 firms
 and 
rival 
film 
industries. 
It
 is
 argued that 
a 
marketing
 orientation 
and 
effective
 strategic
 marketing
management
 capabilities 
also
 provide
a 
unifying
 theory
 for
 Hollywood’s
enduring 
dominance 
because 
they
 can 
account
 for
 each
 of
 the 
twenty
 previously
 identified
 explanations 
for 
that
 dominance.



Hollywood's hidden advantage : creative suits

Creativity in Hollywood is not just about telling stories onscreen. Deal making is the name of the game in Hollywood from globally released franchised blockbusters to art house releases. Riding the currents of the twentieth century Hollywood has maintained dominance with its highly diversified production slate built on creative financing solutions. Using historical and recent case studies, the presentation will look behind the images at the numbers and discuss how 'the suits' have been, and continue to be just as creative as the 'creatives' in contemporary Hollywood.

Intellectual Property and Development : Theory and Practice

The book examines the correlation between Intellectual Property Law – notably copyright – on the one hand and social and economic development on the other. The main focus of the initial overview is on historical, legal, economic and cultural aspects. Building on that, the work subsequently investigates how intellectual property systems have to be designed in order to foster social and economic growth in developing countries and puts forward theoretical and practical solutions that should be considered and implemented by policy makers, legal experts and the Word Intellectual Property Organization (WIPO).

A Summative Evaluation of the Stronger Smarter Learning Communities Project : Vol 1 and Vol 2

This is a summative evaluation of the Stronger Smarter Learning Communities (SSLC) project that examines whether and how the SSLC project had an impact on Australian state schools which adopted its models and approaches. Drawing from qualitative and quantitative data sets, it also presents the largest scale and most comprehensive analysis of Indigenous education practices and outcomes to date. It includes empirical findings on: success in changing school ethos and community engagement; challenges in progress at closure of the 'gap' in conventionally measured achievement and performance; schools' and principals' choices in curriculum and instruction; profiles of teachers' and principals' training and views on teacher education; and a strong emphasis on community and school Indigenoous voices and views on Indigenous education.

Knowledge unlatched : towards an open and networked future for academic publishing

Specialist book length publications in the humanities and social sciences (including but not exclusively monographs) are experiencing a crisis. It is clear that the current publishing system is failing both the producers and users of scholarship and neglects many of the opportunities associated with networked culture.

The changing role of copyright in China’s emergent media economy

This chapter introduces the changing role of copyright in China from a historical perspective. It begins by briefly tracing the history of copyright, from a censorship-related system associated with the emergence of the printing press in imperial China, through modernisation during the Republican period, abolition under communism and finally to the introduction of the People's Republic of China's (PRC) first copyright law in 1990 and the nation's entry into the World Trade Organisation (WTO) in 2001.

Estimating the effects of ambient temperature on mortality : methodological challenges and proposed solutions

The health impacts of exposure to ambient temperature have been drawing increasing attention from the environmental health research community, government, society, industries, and the public. Case-crossover and time series models are most commonly used to examine the effects of ambient temperature on mortality. However, some key methodological issues remain to be addressed. For example, few studies have used spatiotemporal models to assess the effects of spatial temperatures on mortality. Few studies have used a case-crossover design to examine the delayed (distributed lag) and non-linear relationship between temperature and mortality. Also, little evidence is available on the effects of temperature changes on mortality, and on differences in heat-related mortality over time. This thesis aimed to address the following research questions: 1. How to combine case-crossover design and distributed lag non-linear models? 2. Is there any significant difference in effect estimates between time series and spatiotemporal models? 3. How to assess the effects of temperature changes between neighbouring days on mortality? 4. Is there any change in temperature effects on mortality over time? To combine the case-crossover design and distributed lag non-linear model, datasets including deaths, and weather conditions (minimum temperature, mean temperature, maximum temperature, and relative humidity), and air pollution were acquired from Tianjin China, for the years 2005 to 2007. I demonstrated how to combine the case-crossover design with a distributed lag non-linear model. This allows the case-crossover design to estimate the non-linear and delayed effects of temperature whilst controlling for seasonality. There was consistent U-shaped relationship between temperature and mortality. Cold effects were delayed by 3 days, and persisted for 10 days. Hot effects were acute and lasted for three days, and were followed by mortality displacement for non-accidental, cardiopulmonary, and cardiovascular deaths. Mean temperature was a better predictor of mortality (based on model fit) than maximum or minimum temperature. It is still unclear whether spatiotemporal models using spatial temperature exposure produce better estimates of mortality risk compared with time series models that use a single site’s temperature or averaged temperature from a network of sites. Daily mortality data were obtained from 163 locations across Brisbane city, Australia from 2000 to 2004. Ordinary kriging was used to interpolate spatial temperatures across the city based on 19 monitoring sites. A spatiotemporal model was used to examine the impact of spatial temperature on mortality. A time series model was used to assess the effects of single site’s temperature, and averaged temperature from 3 monitoring sites on mortality. Squared Pearson scaled residuals were used to check the model fit. The results of this study show that even though spatiotemporal models gave a better model fit than time series models, spatiotemporal and time series models gave similar effect estimates. Time series analyses using temperature recorded from a single monitoring site or average temperature of multiple sites were equally good at estimating the association between temperature and mortality as compared with a spatiotemporal model. A time series Poisson regression model was used to estimate the association between temperature change and mortality in summer in Brisbane, Australia during 1996–2004 and Los Angeles, United States during 1987–2000. Temperature change was calculated by the current day's mean temperature minus the previous day's mean. In Brisbane, a drop of more than 3 �C in temperature between days was associated with relative risks (RRs) of 1.16 (95% confidence interval (CI): 1.02, 1.31) for non-external mortality (NEM), 1.19 (95% CI: 1.00, 1.41) for NEM in females, and 1.44 (95% CI: 1.10, 1.89) for NEM aged 65.74 years. An increase of more than 3 �C was associated with RRs of 1.35 (95% CI: 1.03, 1.77) for cardiovascular mortality and 1.67 (95% CI: 1.15, 2.43) for people aged < 65 years. In Los Angeles, only a drop of more than 3 �C was significantly associated with RRs of 1.13 (95% CI: 1.05, 1.22) for total NEM, 1.25 (95% CI: 1.13, 1.39) for cardiovascular mortality, and 1.25 (95% CI: 1.14, 1.39) for people aged . 75 years. In both cities, there were joint effects of temperature change and mean temperature on NEM. A change in temperature of more than 3 �C, whether positive or negative, has an adverse impact on mortality even after controlling for mean temperature. I examined the variation in the effects of high temperatures on elderly mortality (age . 75 years) by year, city and region for 83 large US cities between 1987 and 2000. High temperature days were defined as two or more consecutive days with temperatures above the 90th percentile for each city during each warm season (May 1 to September 30). The mortality risk for high temperatures was decomposed into: a "main effect" due to high temperatures using a distributed lag non-linear function, and an "added effect" due to consecutive high temperature days. I pooled yearly effects across regions and overall effects at both regional and national levels. The effects of high temperature (both main and added effects) on elderly mortality varied greatly by year, city and region. The years with higher heat-related mortality were often followed by those with relatively lower mortality. Understanding this variability in the effects of high temperatures is important for the development of heat-warning systems. In conclusion, this thesis makes contribution in several aspects. Case-crossover design was combined with distribute lag non-linear model to assess the effects of temperature on mortality in Tianjin. This makes the case-crossover design flexibly estimate the non-linear and delayed effects of temperature. Both extreme cold and high temperatures increased the risk of mortality in Tianjin. Time series model using single site’s temperature or averaged temperature from some sites can be used to examine the effects of temperature on mortality. Temperature change (no matter significant temperature drop or great temperature increase) increases the risk of mortality. The high temperature effect on mortality is highly variable from year to year.