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Full-Text Articles in Law

No Trespassing, Matthew Rimmer Aug 2003

No Trespassing, Matthew Rimmer

Matthew Rimmer

Eva Hemmungs Wirten is an associate professor in Library and Information Science at the University College of Boras and Gothenburg University in Sweden. Her work is primarily concerned with the interaction between print culture, globalization, and intellectual property rights. Eva Hemmungs Wirten is not a lawyer by training; instead her background lies in publishing. In her writing, she relies upon an interdisciplinary approach drawing on book history, cultural studies, law, and studies on globalization both in the humanities and social sciences. Her new book called No Trespassing is a fresh and original contribution to the field of intellectual property. It …


The Dead Poets Society: The Copyright Term And The Public Domain, Matthew Rimmer Jun 2003

The Dead Poets Society: The Copyright Term And The Public Domain, Matthew Rimmer

Matthew Rimmer

In a victory for corporate control of cultural heritage, the Supreme Court of the United States has rejected a constitutional challenge to the Sonny Bono Copyright Term Extension Act 1998 (U.S.) by a majority of seven to two. This paper evaluates the litigation in terms of policy debate in a number of discourses - history, intellectual property law, constitutional law and freedom of speech, cultural heritage, economics and competition policy, and international trade. It argues that the extension of the copyright term will inhibit the dissemination of cultural works through the use of new technologies - such as Eric Eldred's …


Albert Namatjira: Copyright Estates And Traditional Knowledge, Matthew Rimmer Jun 2003

Albert Namatjira: Copyright Estates And Traditional Knowledge, Matthew Rimmer

Matthew Rimmer

Albert Namatjira was Australia's first Indigenous professional artist. He adapted Western-style painting to express his cultural knowledge of the Arrernte country, for which he was a traditional custodian. In his lifetime, Albert Namatjira achieved great acclaim for his exceptional ability as an artist. However, after his untimely death, he was ignored by the mainstream Australian art world, because of the aesthetic prejudices and social policies of the time. A recent exhibition entitled Seeing the Centre: The art of Albert Namatjira (1902-1959) curated by Alison French has sought to redress this neglect, and provide a retrospective of his work.The exhibition has …


'Information Feudalism: Who Owns The Knowledge Economy. A Book Review' (2003) 21 (1) Prometheus 127-132, Matthew Rimmer Jan 2003

'Information Feudalism: Who Owns The Knowledge Economy. A Book Review' (2003) 21 (1) Prometheus 127-132, Matthew Rimmer

Matthew Rimmer

Back in 1995, Peter Drahos wrote a futuristic article called ‘Information feudalism in the information society’. It took the form of an imagined history of the information society in the year 2015. Drahos provided a pessimistic vision of the future, in which the information age was ruled by the private owners of intellectual property. He ended with the bleak, Hobbesian image:"It is unimaginable that the information society of the 21st century could be like this. And yet if abstract objects fall out of the intellectual commons and are enclosed by private owners, private, arbitrary, unchecked global power will become a …


Beyond Blue Gene: Intellectual Property And Bioinformatics, Matthew Rimmer Dec 2002

Beyond Blue Gene: Intellectual Property And Bioinformatics, Matthew Rimmer

Matthew Rimmer

This article considers the challenges posed to intellectual property law by the emerging field of bioinformatics. It examines the intellectual property strategies of established biotechnology companies, such as Celera Genomics, and information technology firms entering into the marketplace, such as IBM. First this paper argues that copyright law is not irrelevant to biotechnology, as some commentators would suggest. It claims that the use of copyright law and contract law is fundamental to the protection of biomedical and genomic databases. Second this article questions whether biotechnology companies are exclusively interested in patenting genes and genetics sequences. Recent evidence suggests that biotechnology …