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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Making Copies: The Impact of Photocopying on Copyright Law in Australia

Leanne Wiseman Unknown Date (has links)
Making Copies: The Impact of Photocopying on Copyright Law in Australia In recent years, there has been a growing interest in looking at the history of copyright law through the lens of different technologies. Rather than looking at the historical development of, for example, copyright defences, the development of a specific piece of legislation or the way in which copyright law as distinct body of law took shape, there is a growing interest in looking at the way in which copyright law was shaped and influenced by specific types of technology. This literature is based on the idea that by focusing on the way that the law responded to a particular technology, that this enables us to get a better sense of the way in which the different legal rules and procedures operate and intersect: something that tends to be lost in more focused doctrinal or policy accounts. While there have been a number of important studies that focus on the impact of specific technologies, notably the printing press, on the development of copyright law, there are many other technologies that have not been given the attention they deserve. The thesis aims to contribute to the growing body of copyright scholarship that looks at the impact that specific technologies have had on copyright law. More specifically, it aims to look at the impact that the photocopier had on the development of copyright law across the second half of twentieth century. In effect, the question that the thesis asks is: what impact did photocopying have on the development of copyright law in Australia? The thesis shows that in responding to the problems created photocopier, a number of important changes were made to copyright law. In addition to contributing to the introduction of published edition copyright, it will be argued that the photocopier not only led to the introduction of library copying provisions which have played and continue to play an important role in ensuring access to information, but also helped to clarify that the fair dealing defence extended beyond hand copying to include machine copies. As well as highlighting the impact that the photocopying licences, which were introduced to deal with multiple copies, had on copyright law, it will be also be argued that the photocopier led to other changes, such as the politicisation of literary copyright. In highlighting the various changes brought about as a result of the attempt to respond to the problems created by the photocopier, the thesis will highlight the important role that technological change has had on the development of copyright law.
2

Australian Legal Ramifications of Information System and Data Security Compromise: A review of issues, technology and law.

Quentin Cregan Unknown Date (has links)
Computer intrusions and attacks compromise individuals, companies and communities. Whilst it is clear that computer and information security studies point to a generalised increase in the number and sophistication of computer security attacks over the past decade and that nations now entirely rely upon computer systems, insufficient attention is paid to the protection of those systems. Computer data and network systems affect our everyday lives, from the supply-chain software that ensures that the shelves are stocked at the supermarket, to systems that manage finance and share markets. Compromises of computer security are, therefore, rightly seen both as an attack on those individual entities whose systems and information are compromised, and as a communal attack upon the people and organisations that rely upon or use computer systems, both directly and indirectly. The aim of this thesis is to give an analysis of computer system security, information protections and the legal ramifications of computer security compromise, notably, data security compromise in Australia. Ultimately, the aim is to address three overlapping questions: what are the ways in which systems are breached, what are the legal consequences of a breach and are those consequences adequate? This paper looks at the underlying technology and relationships between actors involved in the majority of security compromises and looks at the common factors in how systems and networks are attacked and actors damaged. The paper then goes on to look at criminal liability for security compromises and shows how a criminal analysis feeds into the proper civil law consideration of the topic. Finally, the paper looks at data security through the lens of privacy. Ultimately, this paper concludes that Australia is inconsistent in its legal responses to information security incidents. Such variations are based on the area of law being discussed and dependent on the breach methodology and outcome. The criminal law provides the most current and potent legal protection any business or individual has had in this field. This is followed by statutory privacy law which provides a narrow degree of coverage and provides only a weak conciliation process for addressing data security issues. Finally, common law and equity provide the most uncertain commercial remedies for those that suffer data security breach. This paper concludes that present protections are inadequate and uncertain, and that change is required.

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