|
|
|
|
|
|
Prof Brian Fitzgerald - School of Law |
Professor of Intellectual Property and Innovation BA Griff LLB (Hons) QUT BCL Oxon. LLM Harv PhD Griff Contact: Room: Level 1, Margaret Street Grants Awarded:
Recent Submissions:
Brian Fitzgerald studied law at the Queensland University of Technology graduating as University Medallist in Law and holds postgraduate degrees in law from Oxford University and Harvard University. He is a well-known Intellectual Property and Information Technology/Internet lawyer who has pioneered the teaching of Internet/Cyber Law in Australia. He has published articles on Intellectual Property and Internet Law in Australia, the United States, Europe, Nepal, India, Canada and Japan and his latest (co-authored) books are Cyberlaw: Cases and Materials on the Internet, Digital Intellectual Property and E Commerce (2002); Jurisdiction and the Internet (2004); Intellectual Property in Principle (2004) and Internet and Ecommerce Law (2007). Over the past eight years Brian has delivered seminars on Information Technology, Internet and Intellectual Property law in Australia, Canada, China, Brazil, New Zealand, USA, Nepal, India, Japan, Malaysia, Korea, Singapore, Norway, Croatia and the Netherlands. His current projects include work on intellectual property issues across the areas of Copyright, Digital Content and the Internet, Copyright and the Creative Industries in China, Open Content Licensing and the Creative Commons, Free and Open Source Software, Research Use of Patents, Science Commons, e-Research, Licensing of Digital Entertainment and Anti-Circumvention Law. He has organised numerous conferences on Intellectual Property and Internet Law in Australia, is a regular speaker at international and national conferences and has made a number of significant submissions to government in the area of Internet and IP Law. From 1998-2002 Brian was Head of the School of Law and Justice at Southern Cross University in New South Wales, Australia and from January 2002 – January 2007 was Head of the School of Law at QUT in Brisbane. He is currently a specialist Research Professor in Intellectual Property and Innovation at QUT. Recent Publications: Fitzgerald, Gao, O'Brien and Shi, Copyright Law, Digital Content and the Internet in the Asia Pacific (2008) Sydney University Press, Sydney Fitzgerald et al Creating a Legal Framework for Copyright Management of Open Access within the Australian Academic and Research Sectors (2006)
Fitzgerald, “Copyright 2010: The Future of Copyright” [2008] European Intellectual Property Review 43
Fitzgerald, “It’s vital to sort out the ownership of ideas” February 27, 2008, The Australian (Higher Education Supplement) B Fitzgerald, J Coates and S Lewis (editors) Open Content Licensing: Cultivating the Creative Commons (2007) Sydney University Press, Sydney E. Bledsoe, J. Coates and B Fitzgerald, Unlocking the Potential Through Creative Commons: an industry engagement and action agenda (2007) ARC Centre of Creative Industries and Innovation, August 2007 View Professor Brian Fitzgerald's activities during 2008, 2007, 2006, 2005, 2004, 2003, 2002, and 2001 In 2008On the 6th of February Professor Fitzgerald delivered a paper “An Australian Perspective: The PSI Commons” at Building the Knowledge Commons held at QUT and the following day at QUT acted as Program Chair at the “Data Management, Access and Use Roundtable”. In March Professor Fitzgerald was Co-Program Chair of the First International Summit on Open Access to Public Sector Information Management at Parliament House where he delivered the Introduction to proceedings. At the Open Access to Public Sector Information, GeoSciences Australia in Canberra, Professor Fitzgerald presented a paper, “The Web 2.0 Landscape - Access as a Driver of Innovation”. Professor Fitzgerald was in Korea on the 14th to deliver a presentation “Creative Commons and Public Sector Information” at the CC Korea Conference at the National Museum in Seoul. The month concluded with a presentation at the Fordham International IP Conference in New York, “Web 2.0: Creator Utopia, Platform Owners Paradise or Still the Same?” From the 1st - 2nd of April Professor Fitzgerald presented a paper at the Third International Conference on Open Repositories in Southampton, and then on the 4th participated in the Copyright Principles Project workshop in Berkeley.
In 2007In the first week of March, Professor Fitzgerald in conjunction with the ARC Centre of Excellence for Creative Industries and Innovation hosted eminent Harvard Law Professor William (Terry) Fisher to deliver two public keynote addresses, “Drugs, Law and the Global Health Crisis” and “Copyright and the Future of Entertainment”. In April Professor Fitzgerald presented on the topic “Unauthorized Use of Works on the Web: What Can be Done? What Should be Done?” at the Fordham International Intellectual Property Conference in New York and was Co-Program Chair at Knowledge Policy for the 21st Century Conference at the University of Western Ontario, London, Canada where he spoke on the topic “copyright + new technologies such as wikis and blogs” and “copyright reform: australia, new zealand + Canada”. In May Professor Fitzgerald was Co-Program Chair and presented the paper “The Future of Copyright Law” at the Legal and Policy Framework for the Digital Content Industry Conference in China East China University of Political Science and Law (ECUPL) (http://www.ecupl.edu.cn/en/introdution/intro.htm). In June Professor Fitzgerald presented a paper “Approaches to Open Access to Public Sector Information” at the iCommons Summit 2007 (http://icommons.org/isummit-07/) in Dubrovnik, Croatia. Also in June the OECD’s Centre for Educational Research and Innovation (CERI) for the project on Open Educational Resources (www.oecd.org/edu/oer) published Professor Fitzgerald’s commissioned paper “Open Content Licensing (OCL) for Open Educational Resources”.. At the Alfred Deakin Innovation Lectures in Victoria he presented on the topic, “Science, business and the law: Locking up innovation or sharing and harvesting it - which way to go?” In July Professor Fitzgerald was Conference Chair and made opening comments at the Legal Framework for e-Research Conference (www.e-Research.law.qut.edu.au) on the Gold Coast, Queensland and later that month taught in the Oxford Internet Institute Summer School at Harvard University Law School. Professor Fitzgerald was also invited to speak at the National Scholarly Communication Forum on “Changing research practices in the digital information and communication environment” and was Co-Program Chair at the Australian National Summit on Open Access to PSI held at Parliament House in Brisbane. On the of September Professor Fitzgerald featured in an article by D. Bushell-Embling, “Private Eyes on Public Data”, which appeared in the Sydney Morning Herald and The Age newspapers. On the 6th of October Professor Fitzgerald presented a paper “Access to and reuse of Public Sector Information” at the ePSIplus Conference in Bratislava Solvakia and on the 26th of October was invited to deliver the keynote address “Jurisdiction and the Internet” at the Fourth International Conference on Intellectual Property Protection and High Technology in Beijing, organised by Tsinghaua University and Harvard University. From the 1st -2nd of November Professor Fitzgerald attended the ePSIplus PSI Pricing Conference in London where he delivered a paper, “An Australian Perspective on Open Access to and the Pricing of Public Sector Information” and then on the 12th of November he was an invited expert at the National E-Health Transition Authority (NEHTA) Roundtable in Sydney.
In 2006Professor Fitzgerald's two volume edited collection of influential articles on Cyberlaw published in Ashgate/Dartmouth's The International Library of Essays in Law and Theory Series (T Campbell ed.) was released in mid January. In late January Professor Fitzgerald addressed Supreme and Federal Court Judges' Conference in Brisbane on the topic of "The Future of Copyright on the Internet: In Search of Principle?" In early February Professor Fitzgerald will address the OECD's Expert Workshop on Open Educational Resources (OER) in Malmo Sweden in relation to Open Content Licencing. The Workshop will be hosted by the Swedish Knowledge Foundation. In February Professor Fitzgerald presented at the AESHareNet 'Making the Mos t of Creativity: In the Public Interest' Conference in Sydney. He was also involved through the ARC Centre of Excellence on Creative Industries and Innovation in hosting the visit of John Howkins and meetings on the RSA Adelphi Intellectual Property Charter. In mid March the Intellectual Property: Knowledge Culture and Economy Research Program at QUT Law Faculty, headed by Professor Fitzgerald, along with the Centre of Excellence for Creative Industries and Innovation www.cci.edu.au hosted a roundtable on 'Stevens v Sony: Legacy and Principle in the Shadow of the AUSFTA' including a link up with Fred von Lohmann of EFF. In early April Professor Fitzgerald presented at the National Library of Australia's Innovative Ideas Forum http://www.nla.gov.au/initiatives/meetings/iihome.html at the National Library in Canberra. In late April Professor Fitzgerald presented at the Fordham International Intellectual Property Conference in New York http://www.fordhamipconference.com/ on the Stevens v Sony Case and Free and Open Source Software. The following weekend he also presented a paper on Licensing Frameworks at the Access to Knowledge Conference (A2K) at Yale Law School. http://research.yale.edu/isp/eventsa2k.html On April 26th - World IP Day - Professor Fitzgerald with the assistance of Nic Suzor and Professor Mark Perry hosted a forum in the virtual world Second Life on '21st Century Creativity in a Copyright World - How Can We Realise the Potential?' The forum invited guest speakers such as Richard Neville, Mia Garlick, Dean Whitbread, Axel Bruns http://snurb.info/ and Toby Miller to debate the issue. In May, Professor Fitzgerald participated as a nominated Australian Expert in the OECD Conference and Expert Group Meeting on Research Use of Patents in Madrid. He also met with members of the UK based SHERPA project at Nottingham University and JISC in London. In early June Professor Fitzgerald presented the paper Conceptualising a Right to Share/Access Knowledge at the Unlocking IP 2006 Conference "Creating Commons: The Tasks Ahead in Unlocking IP" In late June Professor Fitzgerald attended and presented at the annual iCommons Summit held this year in Rio de Janerio, Brazil. The Summit brought together a wide range of individuals with an interest in the open access and commons movements worldwide for an exchange of ideas, information and enthusiasm. In late September Professor Brian Fitzgerald presented on Creative Commons and Community at the Charles Darwin University Annual Symposium on Creative Citzenship in Alice Springs. This presentation explained the development of the Creative Commons project both in Australia and overseas, as well as how it might be utilised by communities throughout the country. On 28 September OAK Law, for which Professor Fitzgerald is the Project Leader, released a report that investigates a legal framework to support open access to Australian academic and research outputs such as datasets, articles and electronic theses and dissertations. The report explains that with the rise of networked digital technologies our knowledge landscape and innovation system is increasingly reliant on best practice copyright management strategies. The full report, as well as a podcast with Project Manager Scott Kiel-Chisholm, is available on the OAK Law website. Professor Fitzgerald has been active in the debate over the proposed broad ranging amendments to the Copyright Act introduced into parliament on 19 October 2006 and along with other open access advocates has made submissions to the Attorney-General's Department. For background information you can read his ON LINE Opinion article Copyright vision: copyright jails. In 2005In early January 2005 Brian visited the Oxford Internet Institute (OII) at Oxford University and the Centre for Research into Administrative Science (CERSA) at Paris II University where he presented a paper on the Sony PlayStation case. Professor Fitzgerald also presented at "The Third DRM" conference in Berlin organised by Dr Stefan Bechtoldt which boasted high profile international speakers such as Professor Terry Fisher (Harvard), Professor Pam Samuelson ( Berkeley ) and Professor Bernt Hugenholtz ( University of Amsterdam ). Participation in the conference was important in further developing the Digital Rights Management Project at QUT which is being undertaken pursuant to a QUT Strategic Collaborative Grant by the Faculties of Law, IT, and Creative Industries. In mid-January 2005 Professor Brian Fitzgerald convened the "Open Content Licensing: Cultivating the Creative Commons" conference. The conference was headlined by Professor Lawrence Lessig of Stanford Law School who delivered a paper "The Creative Commons: Where Are we Headed?" Professor Lessig also delivered a public lecture on "Does Copyright have Limits" at the Supreme Court which was chaired by Justice James Douglas. The conference attracted people from all over Australia including high-ranking government officials, leading lawyers and important players in the copyright field and key people from the creative industries. The conference was co-sponsored by QUT Law and Creative Industries Faculties and featured speakers such as Tom Cochrane (DVC QUT), Linda Lavarch MP (Parliamentary Secretary for Innovation), Dr Anne Fitzgerald and Neale Hooper (Crown Law), Ian Oi (Blake Dawson Waldron), Carol Fripp (AESharenet), Dr Terry Cutler (Cutler & Co) and Professor Stuart Cunningham (Creative Industries QUT). In February 2005 Professor Fitzgerald delivered a keynote presentation on "Cultivating the Creative Commons" at the Australian Libraries Information Online 2005 Conference at the Darling Harbour Convention Centre in Sydney. He also conducted a workshop session at the same conference on "Recent Developments in Copyright Liability in Australia - Peer to Peer and the Sony PlayStation Case". In mid-February Professor Fitzgerald visited India and participated in an IT Security Conference hosted by the Australian Government and IT Madras in Chennai. He presented two papers: one on "E-Courts and Electronic Justice" and the other on "Digital Rights Management". Professor Fitzgerald also visited with the Bar Council of India, the Law Minister of India Mr Bharadwaj, Justice Hegde of the Supreme Court of India and Justice Nayak of the High Court of Karnataka. He also visited the National Law School in Bangalore and University College Law School at Bangalore University. Professor Fitzgerald also gave lectures at Amity Law School and Jawaharlal Nehru University (JNU) Centre for International Studies, Department of Law. In March 2005, Professor Fitzgerald participated as a member of the Program Committee in the LAWASIA DownUnder Conference held at the Gold Coast Convention Centre. Professor Fitzgerald convened a special workshop at the conference on "Legal Education in the Lawasia Region" along with Professor Mary Hiscock of Bond University, and was also the Program Convenor for the intellectual property and the legal education streams. In addition, Professor Fitzgerald participated as a moot court judge at the LAWASIA Moot which was convened by by Dr Ros Macdonald of QUT as part of the LAWASIA conference. See the transcript of Professor Fitzgerald on the ABC's Law Report speaking about "Remixable Films and Creative Commons". In late June Professor Fitzgerald attended the iCommons Summit at Harvard Law School, convened by Professor Lawrence Lessig. Professor Fitzgerald addressed the Summit on "Issues Relating to the Implementation of Creative Commons in Australia", particularly concerning moral rights and collecting societies. In early July the Australian Research Council Centre of Excellence for Creative Industries and Innovation was announced with QUT as the lead agency for the Centre of Excellence. Professor Fitzgerald is a Chief Investigator and the Program Leader for Law within the Centre of Excellence. In early July Professor Fitzgerald also travelled to China where he was a Visiting Professor in the Oxford Internet Institute's Summer Doctoral Program and addressed the students on "Issues Relating to Free and Open Source Software", " Creative Commons", Digital Intellectual Property" and "Anti-Circumvention Laws". Professor Fitzgerald also presented at the "Creative Industries in China" Conference, hosted by QUT's Faculty of Creative Industries, Renmin University and the Chinese Academy of Social Sciences (CASS) which was held at Tsinghua University Science and Technology Precinct in Beijing. Professor Fitzgerald also visited with Chunyan Wang, Project Leader of the Creative Commons Project in China at Renmin University. As part of the Centre of Excellence, Professor Fitzgerald will create and lead a Clinic for Creative Innovation covering policy and development within Australia. In August 2005 Professor Fitzgerald was awarded a DEST Systematic Infrastructure Initiative (SII) Grant of $1.3 million to develop legal protocols to facilitate open access within the Australian research sector. In September, as part of his work on Collaborative Innovation and E Research, Professor Fitzgerald participated in the UNESCO sponsored workshop on "Information Commons for E Science" held in Paris. In late September he also participated in the OECD's Global Science Forum on "Grid Computing and E Science" held in Sydney and the "E Humanities E Research Workshop" held at the University of Sydney. As well Professor Fitzgerald addressed the 8th International Congress on Electronic Theses and Dissertations (ETD) held at UNSW. In October, Professor Fitzgerald's article "The Playstation Mod Chip: A Technological Guarantee of the Digital Consumers Liberty or Copyright Menace/Circumvention Device?" (2005) 10 Media and Arts Law Review 89 was cited in the High Court decision in Stevens v Kabushiki Kaisha Sony Computer Entertainment [2005] HCA 58. Professor Fitzgerald has also been nominated for the prestigious World Technology Award in Law with the winner announced in San Francisco in late November. In October Professor Fitzgerald also appeared before the ACCC Inquiry into the Authorisation of Collective Administration of Music Performing Rights by APRA in Sydney, presented to the Federal Information Interoperability Working Group in Canberra, and made a submission to the Federal Attorney General's Office on its proposed IP Management Principles. In November Professor Fitzgerald gave a presentation on the High Court decision in Stevens v Sony to the International Conference on Digital Rights Management: Technology Issues, Challenges and Systems (DRMTICS) in Sydney, attended and presented at a joint ARC/DEST "E Research" Showcase in Melbourne and was nominated by DEST as the Australian expert on the OECD's CSTP Working Group on the Research Use of Patents. Brian will be representing Australia at a meeting of this Working Group in Madrid in 2006. In November Professor Fitzgerald also made submissions to and appeared as a witness before the Federal House of Representatives Standing Committee on Legal and Constitutional Affairs Inquiry into the Implementation of Technological Protection Measures (TPMs) under the AUSFTA. In 2004In January Professor Fitzgerald presented a paper on "Legal Issues for the Use of Free and Open Source Software in Government" at the Linux and Open Source in Government Conference in Adelaide. On the 12th of February his co-authored book with Gaye Middleton and Dr Anne Fitzgerald on "Jurisdiction and the Internet" (2004 LBC Sydney) was launched by Chief Justice de Jersey AC of the Supreme Court of Queensland. Professor Fitzgerald is also working with Ian Oi of Blakes in Canberra and Tom Cochrane DVC of Technology Information and Learning Support (TILS) at QUT, to lead the further development of the Creative Commons project in Australia. Creative Commons is an international initiative which is attempting to reconceptualize the way we think about and create and share intellectual property, particularly in a creative context. The idea was formally launched in 2001, and was supported by a range of well-known intellectual property experts, and the "Centre for the Public Domain" in the United States. The initiative is international in character, but requires identifiable individual affiliation as each national jurisdiction considers the creative commons licences for adaptation to their national legislative framework. The United States' institutional affiliate is Stanford Law School, and QUT has recently exchanged a Memorandum of Understanding with Creative Commons international as the Australian international affiliate. In November 2004, Professor Brian Fitzgerald was involved in organising the "Courts for the 21 st Century: Information Management Electronic Courts Conference" along with Justices Moynihan and Mullins of the Supreme Court of Queensland and Dr Ros Macdonald of QUT. The conference considered information management issues for electronic courts and that attracted a broad array of participants including leading lawyers and key government officials. In December 2004 Professor Fitzgerald delivered a conference presentation on "The Creative Commons" at the Intellectual Property Rights, Communication and the Public Domain in the Asia-Pacific Region Conference. In 2003In January 2003 Brian visited India and gave a lecture on "Cyberlaw and Digital Property" to students at University Law College Bangalore, delivered a paper on "Digital Property" to the 5th LawAsia Business Law Conference in Delhi, India (January 18th), and presented lectures on "Cyberlaw" and "Digital Property" to students at the Amity Law School in Delhi. He also gave a Keynote Address on "Anti-circumvention Law, Free and Open Source Software and Digital Property" to a Specialist Seminar convened by Professor JK Mittal at Amity Law School and chaired a panel (Dr Gordon Hughes, Vivek Sood and Pavan Duggal) session on "Jurisdiction and the Internet" Listen to Professor Fitzgerald on All India Radio talking about key issues facing Cyberlaw Brian also visited Kathmandu in Nepal and gave lectures on Cyberlaw to academics and students at Nepal Law Campus, Tribhuvan University and Kathmandu School of Law, and to advocates of the Bar Association of Nepal. In January 2003, he was also appointed to the Advisory Board of the Centre for Asia Pacific Technology Law and Policy based at Nanyang University in Singapore. In February 2003, Brian was invited to be part of a distinguished panel on "Intellectual Property: Theoretical Underpinnings or Pure Pragmatism?" hosted by the University of Western Ontario Law School and Centre for Innovation Law and Policy in Canada and delivered a lecture on "Anti Circumvention Laws, Internet Jurisdiction and the Future of Digital Information" at the University Ottawa Law School. In early September 2003, Professor Fitzgerald visited Tokyo to present a paper on "Database Rights and Anti-Circumvention Laws" at the 18th Biennial LAWASIA Conference. In particular, Professor Fitzgerald outlined the recent decision by the Full Federal Court of Australia in Sony v Stevens and highlighted the impact this would have for the parallel importation of computer games within Australia and the significance of the decision for other jurisdictions. In 2002Professor Fitzgerald has featured in the following media stories:
In early June Professor Fitzgerald took part in a new teleconference concept run by Intercall and E-Law, organizing a session on the topic of "Regulating the Digital Environment." Also in June, Justice Douglas Drummond of the Federal Court of Australia launched Professor Fitzgerald's latest book on Cyberlaw (co-authored with sister Dr Anne Fitzgerald) at QUT Gardens Point campus. [external link] He also lectured to the students of Brisbane Grammar School on "Playing the Mod: Law and Digital Entertainment Products". In July Professor Fitzgerald organised a specialist conference on Free and Open Source Software [pdf 1.8Mb]. The Conference was opened by the Qld Minister for Innovation and Information Economy, The Honourable Paul Lucas MLA, and looked at the rapidly emerging free and open source model for developing and distributing software which has captured the attention of governments around the world. Key speakers included Mark Webbink (Senior VP & Chief Legal Counsel Red Hat USA), Professor Bill Caelli (QUT), Larry Rosen ( Rosenlaw.com) and Andrew Tridgell of Quantum. An article highlighting the Conference appeared in the Sydney Morning Herald and The Age on July 2, 2002: "Intelligence for the Open Source War" In September 2002 Professor Fitzgerald ran a high powered postgraduate offering on Select Issues in Intellectual Property. Guest presenters will include leading Australian experts along with Professor Don Chisum of Santa Clara University in Silicon Valley USA. Chisum who is the author of a fifteen volume treatise on patent law "Chisum on Patents", is regarded as the leading scholar on patent law in the USA. In early December 2002, Professor Fitzgerald convened a Masters Unit on Electronic Commerce Law featuring special guest presenter Terry Fisher of Harvard Law School. On the 4th December along with Professor Fisher he addressed the national NetAlert conference on the topic of "How Does the Law Hope to Cope?" In 2001Through the first half of 2001 Brian was a Visiting Professor at Santa Clara University Law School in Silicon Valley in the USA teaching a seminar on Digital Property. In March he convened a forum on "Innovation, Software, and Reverse Engineering: Technological and Legal Issues" and in June organised a seminar on "Legal and Business Issues Relating to Open Source Software" both held at Santa Clara University in Silicon Valley. Research Interests:
Units Taught:
Membership of Professional and Academic Organisations
Select PublicationsAdditional publications are available from http://eprints.qut.edu.au/view/person/Fitzgerald,_Brian.html "Open Content Licencing (OCL) for Open Educational Resources", paper presented by Brian Fitzgerald at the OECD Expert Meeting on Open Educational Resources in Malm, Sweden on 6 and 7 February 2006. [external pdf file] B Fitzgerald and Nic Suzor, " Legal Issues For the Use of Free and Open Source Software in Government", (2005) 29 Melbourne University Law Review 412 "Getting the Balance Right" - A Submission to House of Representatives Standing Committee on Legal and Constitutional Affairs - Inquiry into technological protection measures (TPM) exceptions (2005) [pdf 151k] "An Over Broad Definition of TPM Will Defeat the Ability of Australians to Participate as Global Consumers in a WTO World" A Further Submission to the House of Representatives Standing Committee on Legal and Constitutional Affairs - Inquiry into technological protection measures (TPM) exceptions [pdf 142k] B Fitzgerald 'Is a server a ‘record’? TLC Consulting v White and fundamental rights' (2003) 10 PLPR 72 B Fitzgerald, “Digital Property: The Ultimate Boundary?” (2001) 7 Roger Williams University Law Journal 47 B Fitzgerald, “Trade Based Constitutionalisms: A Framework for Universalising Substantive International law” (1996-7) 5 University of Miami Yearbook of International Law 131 B Fitzgerald and E Sheehan, 'Trademark Dilution and the Commodification of Information: Understanding the 'Cultural Command'' (1999) 3 Mac LR 61 B Fitzgerald, “Dow Jones & Company Inc v Gutnick [2002] HCA 56: Negotiating American Legal Hegemony in the Transnational World of Cyberspace” (2003) 27 MULR 590 B Fitzgerald, 'Ultra Vires as an Unjust Factor in the Law of Unjust Enrichment' (1993) 2 Griffith Law Review 1 B Fitzgerald, "Software as Discourse: The Power of Intellectual Property in Digital Architecture" (2000) 18 Cardozo Arts & Ent. L.J. [external pdf file] B Fitzgerald, Digital Property: The Ultimate Boundary? (2001) 7 Roger Williams University Law Journal 47 {839kb pdf] B Fitzgerald, "A Legal Framework for Understanding Digital Property" available as a video presentation on the Net B Fitzgerald and G Clarke (eds.) "Law Culture and Knowledge of Surfing" (2002) 6 SCULR [external pdf file] B Fitzgerald, "The Mod Chip is not a Circumvention Device under Australian Copyright Law: Kabushiki Kaisha Sony Computer Entertainment v Stevens [2002] FCA 906" (2002) 6 Southern Cross University Law Review 354. B Fitzgerald and G Bassett (eds.) Legal Issues Relating to Free and Open Source Software (2003) [pdf 1.8Mb] B Fitzgerald, "Unjust Enrichment As A Principle of Australian Constitutionalism" (1995) [pdf 133k] B Fitzgerald, "The Playstation Mod Chip: A Technological Guarantee of the Digital Consumer's Liberty or Copyright Menace/Circumvention Device?" (2005) B Fitzgerald, "Creative Commons (CC): Accessing, Negotiating and Remixing Online Content" (2005) 'Copyright Liability of Universities in the Networked Environment: The Issue of Peer to Peer (P2P) File Sharing' in R Wissler et al eds Innovation in Arts, Media and Design: Fresh Challenges for the Tertiary Sector (2004) Submission to the CLRC's Crown Copyright Review [pdf 19kb] The Australian Sony PlayStation Case: How Far will Anti-circumvention Law Reach in the Name of DRM? Paper presented to International Conference on Digital Rights Management: Technology Issues, Challenges and Systems (DRMTICS), Sydney November 2005 forthcoming in the Conference Proceedings [pdf 233 kb] B Fitzgerald & Cheranne Bartlett, "Database Protection under Australian Copyright Law: Desktop marketing Systems Pty Ltd v Telstra Coporation [2002] FCAFC 112" Creative Commons followup and Final Submissions to the ACCC on the Authorisation of collective administration of music performing rights by APRA. Open Content Licencing (OCL) for Open Education Resources", presented at the OECD workshop on Open Education Resources B Fitzgerald, "Tracing at Law, Exchange Product Theory and Ignorance as an Unjust Factor in the Law of Unjust Enrichment" (1994) 13 University of Tasmania Law Review 116. |
