Law Commons^™

Time Shifting In A Networked Digital World: Optus Tv Now And Copyright In The Cloud, Sampsung Xiaoxiang Shi

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This article examines copyright principles applied in a recent Australian case concerning the legality of a consumer cloud computing service - “TV Now” - a free to air TV recording service based on the Internet. It enabled a subscriber to record a TV broadcast and then watch the broadcast later at a more convenient time. Similar decisions made by the courts in Singapore and the United States have also been considered. The ultimate purpose of this article is to explore how copyright law has been struggling to adapte to cope with the advent of new technologies for time shifting of …

Country Of Origin And Internet Publication: Applying The Berne Convention In The Digital Age, Sampsung Xiaoxiang Shi, Brian Fitzgerald, Cheryl Foong, Kylie Pappalardo

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In this article, we argue that even if a work first published online can be considered to be simultaneously published all over the world it does not follow that any country can assert itself as the “country of origin” of the work for the purpose of imposing domestic copyright formalities. More specifically, we argue that the meaning of “United States work” under the U.S. Copyright Act should be interpreted in line with the presumption against extraterritorial application of domestic law to limit its application to only those works with a real and substantial connection to the United States. To be …

Civil Jurisdiction, Intellectual Property And The Internet, Sampsung Xiaoxiang Shi, Brian Fitzgerald

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At the core of the civil litigation system is the notion of jurisdiction. In a narrow sense it refers to whether a court has the authority to hear a case in relation to specific people and activities (subject matter) but in a broader sense it also encompasses what law should be applied (choice of law), whether the court is a suitable court to hear the case (choice of court) and the enforcement of judgements.

The notion of jurisdiction provides a tool for efficiently managing litigation and traditionally has been based upon notions of connection to a particular territory. In the …

Chinese Copyright Law, Peer Production And The Participatory Media Age: An Old Regime In A New World, Sampsung Xiaoxiang Shi

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When the digital world began moving towards a participatory media age and the networked society became increasingly ‘human’, mass participation in creativity gave rise to changes as to how information, knowledge and culture are produced and consumed. Therefore, especially in China, it is time to consider re-framing the copyright regime to facilitate the new creativity and economic models based on participatory media and conductive creativity, while at the same time managing to avoid the disintegration or devaluation of copyright caused by information technology.

Copyright Law, Digital Content And The Internet In The Asia-Pacific, Sampsung Xiaoxiang Shi, Brian Fitzgerald, Fuping Gao

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This book provides a unique insight into the key issues facing copyright law and digital content policy in a networked information world. It emanates from a landmark conference - The First International Forum on the Content Industry and Intellectual Property - organised by Queensland University of Technology (QUT), The ARC Centre of Excellence for Creative Industries and Innovation (CCi) and East China University of Political Science and Law (ECUPL) in Shanghai in 2007. The book features chapters from a wide range of experts in their respective fields from across the Asia-Pacific region. Some of the areas examined include the new …