Angela Adrian

Could a small town in Romania bring Australia to its cyber-knees? not if they accede to the EU Convention on Cybercrime

Angela Adrian — Thu, 07 Mar 2013 22:25:33 PST

On 30 April 2010, Attorney-General, Robert McClelland, and Minister for Foreign Affairs, Stephen Smith, announced Australia's intention to accede to the Council of Europe Convention on Cybercrime. (Media Release, 2010) The Convention is the only binding international treaty on cybercrime. It serves as both a guide for nations developing comprehensive national legislation on cybercrime and as a framework for international co-operation between signatory countries. Cybercrime poses a significant challenge for our law enforcement and criminal justice system. The Internet makes it easy for criminals to operate from abroad, especially from those countries where regulations and enforcement arrangements are weak. It is critical that laws designed to combat cybercrime are harmonised, or at least compatible to allow for cooperation internationally. This paper explores what could happen if Hackerville set its sights on Australia.

Managing joint R&D: an investigation into joint patent applications in Japan, USA and Europe

Toshio Hashimoto et al. — Thu, 07 Mar 2013 22:25:32 PST

This research focuses on joint patent applications which have been produced from joint research and development (R&D) collaborations. There has been limited past research in this area. This research compares and analyses joint patent applications from Japan, USA and Europe, clarifying the differences and features for successful joint R&D through statistical analysis between these regions. The most important factors are the field of technology, the situation of cooperation, the difference of patent law and its practice in each region, the conditions of the joint R&D agreement, and the strategy for joint R&D. A conclusion will be drawn: the more advantageous the regulation of co-owned patents is, the greater the number of joint patent applications is filed in that country's patent office.

An old narrative for a new culture: what cyber-culture can learn from indigenous culture

Angela Adrian — Thu, 07 Mar 2013 22:25:29 PST

Abrams (1993) has claimed that "complex narratives are, first and foremost, a promising vehicle for introducing legal decision-makers to a more complex, ambiguous legal subject." They can contribute to a "re-conceptualization of critical aspects of law and legality" forcing us to "think concretely but to remember socially." By changing the narrative of property rights from an individual orientation to a community orientation, more rights can be better protected. The economy of the future will be based on relationship rather than possession. It will be continuous rather than sequential. The protections that need to be developed should rely more on ethics and technology than on law. This article will suggest that ubiquitous virtuality is pushing cyber-cultural property to take on aspects of indigenous cultural property. The suggestion will be made that indigenous customary law would be a suitable framework from which to compare traditional cultural property with cyber-cultural property, notwithstanding the inadequacy of western concepts to fully appreciate the spiritual aspects inherent in indigenous customary law. Further, it is important to remember that culture is a dynamic, lived experience.

Architecture and copyright: a quick survey of the law

Angela Adrian — Mon, 29 Oct 2012 21:05:25 PDT

Architecture is special. A unique design contained in an architectural drawing is capable of protection by copyright. The law does not restrict the development of architectural ideas and concepts; it does, however, prevent the copying of plans. If the plan or building was a copy of the concept or style it is legitimate. If it is a copy of the author's original manifestations of that concept or style, it is an infringement. Another interesting aspect of architectural works is that they usually take the form of a professional commission which creates a range of rights for all parties involved.

How much privacy do clouds provide? the future of privacy regulation in an online world

Angela Adrian — Thu, 25 Oct 2012 20:55:23 PDT

Cloud computing is becoming the standard operating process, communications system and underlying infrastructure of the internet. This is of paradigm-shifting significance to the law. Multinationals, such as Google, Amazon, Apple, Facebook, and Microsoft, own and operate the cloud computing infrastructure of the internet as well as influencing its culture. They have been called the Four Horsemen of Technology and consider Microsoft their inspiration (Levy, 2011). Business can now be transacted at the speed of thought. The digital nervous system that Bill Gates envisioned is blossoming as cloud computing. However, sovereign nations can no longer effectively regulate the telecommunications systems within their borders without the tacit compliance of these cloud operating multinationals. The aim of this paper is to determine whether or not cloud computing infrastructure can support privacy regulation yet remain practical.

Managing joint R&D: an investigation into joint patent applications in Japan, US, and Europe

T Hashimoto et al. — Thu, 25 Oct 2012 20:55:21 PDT

This research focuses on joint patent applications which have been produced from joint Research & Development (R&D) collaborations. There has been limited past research in this area. This research compares and analyses joint patent applications from Japan, US and Europe, clarifying the differences and features for successful joint R&D through statistical analysis between these regions. The most important factors are the field of technology, the situation of cooperation, the difference of patent law and its practice in each region, the conditions of the joint R&D agreement, and the strategy for joint R&D. A conclusion will be drawn: The more advantageous the regulation of co-owned patents is, the greater the number of joint patent applications is filed in that country's patent office.

Intellectual property education – thinking outside the box meets colouring within the lines

Tania Humphries-Smith et al. — Wed, 10 Oct 2012 15:35:26 PDT

A basic understanding of intellectual property (IP) is essential for practice as a professional engineer and/or designer to ensure commercial success. Engaging students in a 'real-life' scenario or problem is one of the most effective methods of doing this. As they must first understand the problem, then seek knowledge to solve the problem, which ensures they develop their skills along the way. This paper concerns how intellectual property rights education is addressed in the higher education of both lawyers and designers/engineers. It is written jointly, from the perspective of both design/engineering and law education and focuses on the pedagogical issues that are different or shared.

Has a digital civil society evolved enough to protect privacy?

Angela Adrian — Thu, 06 Sep 2012 22:45:20 PDT

The internet and social networks are not just new ways of entertaining, educating and engaging — they are a new space, comprising new persons in new communities. Each person in a contemporary, post-industrial society exists as both a physical entity and a disparate set of records left as the traces of that person’s movement through the world of telecommunications and computing.1 We have expressed ourselves, met others and created things online. We now have a visible, external amplification of our imagination — a cybernetic doppelganger. We can use the graphical, networked screen to create vibrant representations of personal identity (ie the avatar), while simultaneously producing contextspecific reputations in online communities separate from and independent of our offline characteristics. Social hypermedia systems, user-adaptive data collectors, have evolved into a compelling story about individuals recreating themselves and extending their identities into cyberspace.

Could a small town in Romania bring Australia to its cyber-knees? not since they accede to the EU convention on cybercrime

Angela Adrian — Wed, 15 Aug 2012 17:43:47 PDT

Could a small town in Romania bring Australia to its cyber-knees? Not if they accede to the EU convention on cybercrime (Conference publication)

Angela Adrian — Wed, 15 Aug 2012 17:02:34 PDT

The UK digital economy act: unnecessary overkill

Angela Adrian — Wed, 15 Aug 2012 17:02:30 PDT

Could a small town in Romania bring Australia to its cyber-knees? not since they accede to the EU convention on cybercrime

Angela Adrian — Sun, 15 Jan 2012 19:42:56 PST

Open file sharing: disclaimers, license and liabilities

Patrick M. Kierkegaard et al. — Sun, 15 Jan 2012 19:42:54 PST

Beyond griefing: virtual crime

Angela Adrian — Thu, 05 Jan 2012 21:38:14 PST

Because there is so much money involved in virtual worlds these days, there has been an increase in criminal activity in these worlds as well. The gaming community calls people who promote conflict “griefers”. Griefers are people who like nothing better than to kill team-mates or obstruct the game’s objectives. Griefers scam, cheat and abuse. Recently, they have begun to set up Ponzi schemes. In games that attempt to encourage complex and enduring interactions among thousands of players, “griefing” has evolved from being an isolated nuisance to a social disease. Much in the same way crime has become the real world’s social disease. Grief is turning into crime.

Law and order in virtual worlds: exploring avatars, their ownership and rights

Angela Adrian — Thu, 05 Jan 2012 21:38:13 PST

As virtual worlds increase in their depth and number, evolving into virtual communities with separate rules and expectations, they are often brought into conflict with the legal rules of the physical world.

Law and Order in Virtual Worlds: Exploring Avatars, Their Ownership and Rights provides an understanding of the interface between the laws of the real world and the laws of the virtual worlds. Written for anyone who has ventured into a virtual reality and wondered what, if any, real world consequences would follow their actions, this book raises and answers compelling legal questions about such issues as owning virtual assets, intellectual property right infringements and virtual liabilities in the real world.

Intellectual property or intangible chattel?

Angela Adrian — Thu, 05 Jan 2012 21:38:12 PST

Currently this virtual property is governed under a system where initial rights are allocated to traditional intellectual property rights holders, and subsequent rights are governed by license agreements called End User License Agreements (EULAs). The traditional intellectual property rights holders have been systematically eliminating any emerging virtual property rights which game players may be entitled to by the use of EULAs, causing an imbalance in resources and rights. Perhaps items and characters created in virtual worlds by players should be treated as intangible chattel while allowing the underlying designs and code of the game designers to retain their intellectual property rights. Just as a person feels that when they have purchased a book, they own the book but not the copyright in the book; so too should a player own the characters and items (as intangible chattel) in the game’s virtual world without acquiring the underlying copyright in that virtual world.

Intellectual capital in the world of information economies

Angela Adrian — Thu, 05 Jan 2012 21:38:10 PST

Intellectual capital is best described as information and knowledge within a company. Information is static; whereas, knowledge is dynamic. Knowledge is a companies’ most important raw material. It is the most important source of added value as well as the most important output. If knowledge is not being managed properly, neither is the business. Intellectual capital is not just a matter for law, but should enhance corporate net worth. It should be the focus of strategic thinking and competitive advantage.

Mischief & grief: virtual torts or real problems?

Angela Adrian — Thu, 05 Jan 2012 21:38:09 PST

Perhaps more than any other branch of the law, tort has been the battleground of social theory. Individuals wish to be secure in their person against harm and interference, not only as to their physical integrity, but also as to their freedom to move about and their peace of mind. This is important whether they are at home in Bournemouth or at home in a virtual world like Second Life. They want to work and deal with others whilst protected against interference with their private lives, their relationships, and their honour and reputation. In any society, it is inevitable that these interests shall come into conflict. The gaming community calls people who promote conflict ‘griefers’. Griefers are people who like nothing better than to kill team-mates or obstruct the game’s objectives. Griefers scam, cheat and abuse, often victimising the weakest and newest players. In games that attempt to encourage complex and enduring interactions among thousands of players, ‘griefing’ has evolved from being an isolated nuisance to a social disease.

No-one knows you're a dog: identity and reputation in virtual worlds

Angela Adrian — Thu, 05 Jan 2012 21:38:07 PST

“Virtual world” identities are becoming indistinguishable from “real” identities, just as “e-commerce” became indistinguishable from “commerce”. Control over online avatar identities has begun to have many real-world consequences. We can use the graphical, networked screen to create vibrant, visual representations of personal identity (i.e., the avatar) separate from and independent of our offline characteristics while simultaneously creating context-specific reputations in online communities separate from and independent of our social identity in real space. This article will explore the notions of identity and reputation both of the online user and his/her alter ego avatar.

Intellectual property: text and essential cases

Rocque Reynolds et al. — Thu, 05 Jan 2012 21:38:06 PST

Intellectual Property: Text and Essential Cases continues to provide a comprehensive, up-to-date legal analysis of the cases and legislation which comprise modern intellectual property law.

This edition adds resale royalty rights for visual artists to its coverage of the major IP topics: copyright, moral rights, performers' protection, patents, trademarks, designs, plant breeder's rights, circuit layouts and confidential information. It also analyses the new Competition and Consumer Act 2011 (Cth) as it relates to passing off and related actions. The impact of challenging cases such as IceTV is considered in detail and extracts of impoertant new cases have been added to the book.