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«Principal Editor Professor Brian Fitzgerald Head of School of Law, Queensland University of Technology, Australia With the assistance of Jessica ...»

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(Head, QUT School of Law BA (Griff) LLB (Hons) (QUT) BCL (Oxon.) LLM (Harv.) PhD (Griff)) Website at: http://www.law.qut.edu.au/about/staff/lsstaff/fitzgerald.jsp Brian is a well-known intellectual property and information technology lawyer. He has published articles on Law and the Internet in Australia, the United States, Europe, Nepal, India, Canada and Japan and his latest (coauthored) 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). Over the past five years Brian has delivered seminars on information technology and intellectual property law in Australia, Canada, New Zealand, USA, Nepal, India, Japan, Malaysia, Singapore, Norway and the Netherlands. In October 1999 Brian delivered the Seventh Annual Tenzer Lecture ‘Software as Discourse: The Power of Intellectual Property in Digital Architecture’ at Cardozo Law School in New York. Through the first half of 2001 Brian was a Visiting Professor at Santa Clara University Law School in Silicon Valley in the USA. In January 2003 Brian delivered lectures in India and Nepal and in February 2003 was invited as part of a distinguished panel of three to debate the Theoretical Underpinning of Intellectual Property Law at University of Western Ontario in London, Canada. During 2005 Brian presented talks in Germany, India and China and was a Visiting Professor in the Oxford University Internet Institutes Summer Doctoral Program in Beijing in July 2005. He is also a Chief Investigator and Program Leader for Law in the newly awarded ARC Centre of Excellence on Creative Industries and Innovation. Brian is also Project Leader for the DEST funded Open Access to Knowledge Law Project (OAK Law Project), looking at legal protocols for open access to the Australian research sector.

His current projects include work on digital copyright issues across the areas of Open Content Licensing and the Creative Commons, Free and Open Source Software, Fan Based Production of Computer Games, Licensing of Digital Entertainment and Anti-Circumvention Law. Brian is a Project Leader for Creative Commons in Australia. From 1998-2002 Brian was Head of the School of Law and Justice at Southern Cross University in New South Wales, Australia and in January 2002 was appointed as Head of the School of Law at QUT in Brisbane, Australia.


Justice James Sholto Douglas was appointed to the Supreme Court of Queensland on 27 November 2003. After working as Sir Harry Gibbs' associate, post-graduate study at Cambridge and a brief period in a solicitors' firm in London he commenced private practice at the Bar in Brisbane in 1977, became a QC in 1989 and was President of the Bar Association of Queensland from 1999 to 2001. He was editor of the Queensland Reports from 1986 to 1991 and a member of the Legal Committee of the Companies and Securities Advisory Committee from 1992 to 1994. He is also a member of the American Law Institute, the body responsible for producing the Restatements of American Law, was a part time member of the Anti-Discrimination Tribunal during 2003 and a Grade 1 arbitrator through the Institute of Arbitrators and Mediators of Australia. From 1990 to 1996 he was Chairman of the Queensland Theatre Company and from 1989 to 1996 Chairman of the Queensland Symphony Orchestra's Advisory Board.


Justice Sackville has been a Judge of the Federal Court of Australia since

1994. Justice Sackville was formerly Professor of Law (1972-1985) and Dean of the Faculty of Law (1979-1981) at the University of New South Wales. He was Commissioner for Law and Poverty on the Australian Government Commission of Inquiry into Poverty (1973-1975); Chairman of the South Australian Royal Commission into the Non-Medical Use of Drugs (1979-1981); and Chairman of the New South Wales Law Reform Commission (1981-1984). From 1985 until his appointment to the Federal Court, Justice Sackville practised at the New South Wales bar, principally in the fields of administrative law, constitutional law and equity. He was appointed Queen’s Counsel n 1991. From 1985 to 1989 he chaired (parttime) the Victorian Accident Compensation Commission. Justice Sackville chaired the Commonwealth Access to Justice Advisory Committee, which presented its report, Access to Justice: An Action Plan, in 1994. Justice Sackville has published articles and papers on a wide range of subjects, including migration law. In recent years he has been a Visiting Scholar at Cornell University, New York University, McGill University and Cardozo Law School. He is the Chair of the Judicial Conference of Australia.


At the time of the conference Linda Lavarch was Parliamentary Secretary to the Minister for State Development and Innovation State Member for Kurwongbah. In July 2005 Linda was appointed the Attorney-General and Minister for Justice for Queensland. She resigned from her ministerial duties in October 2006, due to medical reasons. Linda was elected to Parliament in 1997 as the State Member for Kurwongbah, and was appointed Parliamentary Secretary to the Minister for State Development and Innovation in February 2004, paying particular attention to the area of Innovation. In March 2005, Linda was appointed Parliamentary Secretary to the Minister for Energy and Minister for Aboriginal and Torres Strait Islander Policy before being elevated to Cabinet in July 2005. Currently Linda is Co-chair of the Queensland Parliament Diabetes Support Group.

Linda has held positions on a number of Parliamentary Committees, as well as Chair of the Scrutiny of Legislation Committee, Chair of the Queensland Graffiti Taskforce, Chair of the Qld Fishing Industry Development Council, Deputy Chair of the Qld Small Business Advisory Council, Cochair of the Manufacturing Leaders Group, member of the Qld University of Technology Council, and Chair of a Special Committee enquiring into the operation of Tenancy Databases. Prior to entering Parliament Linda was a solicitor. She holds a Bachelor of Laws and a Graduate Diploma in Legal Practice.


Tom is the Deputy Vice Chancellor (Technology Information & Learning Support) at QUT. The position heads a large Division which combines the services of Libraries, the Information Technology Services area, Teaching and Learning Support and University Printing into one structure. Tom’s external duties include Directorships with the Australian Partnership for Advanced Computing, the Queensland Cyber Infrastructure Foundation and the Australian Digital Alliance. Tom chairs the Australian Libraries' Copyright Committee and has served on the CLRC, established at the Federal level. He also serves on national committees providing advice to DEST and MCEETYA, and is a member of the CSIRO Publishing Board.


Professor Sharma is the Deputy Vice-Chancellor (Research and Commercialisation) at the Queensland University of Technology. In this role, he oversees the University’s research and research training programs, commercialisation activities and its multidisciplinary research institutes. He has played a leadership role in development of national research capacity in information and communication technology. He was co-founder of National ICT Australia Limited (NICTA) – Australia’s new world class centre of excellence, and was the inaugural Director of its largest research laboratory where he oversaw recruitment of over 80 staff (including 40 PhDs trained at some of the world’s leading universities). Prior to establishing NICTA, he was the Head of the School of Computer Science and Engineering at the University of New South Wales. During his three and half year tenure as Head, the School underwent a substantial expansion, including addition of 20 new academics, an increase of over 65 percent in postgraduate research enrolment and leading national position in competitive grant funding.

He continues to play an important advisory role to a number of research organisations. He is on the ICT Sector Advisory Committee of CSIRO, the advisory board of the ARC Special Research Centre for Ultra High Bandwidth Optical Devices and chairs the international scientific advisory committee for the Australasian CRC for Interaction Design. His board memberships include Cooperative Research Centre for Diagnostics, Cooperative Research Centre for Construction Innovation, Creative Industries Pty Ltd and the Australasian CRC for Interaction Design.

IAN OI Ian Oi joined Corrs Canberra office as a partner in August 2005. His practice focuses on intellectual property, information technology and telecommunications, and strategic procurement. Formerly a senior attorney and negotiator with IBM in Australia and a special counsel with another large Australian firm, Ian has extensive experience advising on these areas for clients in the public and private sectors. He has acted for suppliers and customers in some of Australia’s most significant technology-related projects in recent times, and has particular expertise in dealing with large outsourcing transactions, complex software development, IP commercialisation, and open source software and open content development, management and distribution.

Ian is regularly invited to speak around Australia on issues in the above areas. His recent presentations have been on topics such as government procurement after the Australian-US free trade agreement, privacy in the age of the smart card, recent developments in online contracting, open source software projects in the Australian public sector, ‘digital amnesia’ and electronic archives, and Creative Commons initiatives in Australia.


Richard Jones is an international award filmmaker and a national leader in research driven creative production. He has made a feature film, short dramas, documentaries, music clips, television and new media programs.

Richard’s work has been screened in the Melbourne, Adelaide, Berlin, Madrid, Chicago and Cannes MILIA film festivals, and at the London Institute of Contemporary Arts, the British and American Film Institutes and the New York Guggenheim Museum of Modern Art. He has recently completed a large Australian Research Council (ARC) grant with Kids Help Line and is currently leading an ARC grant developing interactive online tools for students with learning difficulties in partnership with The Le@rning Federation. Other work includes digital storytelling and photography projects with ‘at risk’ boys and men in maximum-security prison. Richard is also funded by VicHealth to work with Somebody’s Daughter Theatre prison and post-release community arts programs. He was a Writer-in-Residence at RMIT, an Artist-in-Residence at Griffith University and the inaugural Production Fellow in QUT’s Creative Industries Faculty. Richard is a Professorial Fellow at the Victorian College of the Arts, University of Melbourne, and works as a freelance teacher, film maker and photographer.


Greg is acting Director of the Creative Industries Research and Applications Centre at QUT. Over the last ten years, his consulting and research has focused on the future cultural impacts and opportunities of global communication networks, for organisations and communities. He was a consultant to the Broadband Services Expert Group, the national policy group which formulated Australia’s foundation framework for the Internet in 1994. In 2003 he completed work on framing Australia’s digital content innovation framework for the Federal Department of Communications Information Technology and the Arts. As well, he has been involved in high level consultancy and applied research with organisations including British Airways, Telstra and many Australian government agencies, focusing on adaptation to new media technologies.

His research on the knowledge society is published widely with his latest books being Rooney, D., Hearn, G., Mandeville, T. and Joseph, R. (2003) Public Policy for the knowledge economy: Foundations and frameworks, Cheltenham UK: Edward Elgar; and Rooney, D., Hearn, G. & Ninan, A.

(eds) (2004), Handbook of knowledge management Cheltenham, UK:

Edward Elgar.


Anne is a Brisbane-based intellectual property and e-commerce lawyer.

She works as principal policy advisor in the Department of Natural Resources, Mines & Water(Qld) and is an Adjunct Professor at QUT Law School. As well as authoring several books on intellectual property and ecommerce law, Anne has served terms as a member of Australia's two principal Federal Government Standing Advisory Committees on IP, as a member of the Advisory Council on Intellectual Property (ACIP), which advises IP Australia, and as a member of the CLRC's expert advisory group for the CLRC's major review of the Copyright Act in the 1990s.


Neale is a specialist intellectual property lawyer and Principal Lawyer in the Intellectual Property, Technology and Communication Team in the Crown Law office in the Queensland Department of Justice and the Attorney-General with over 20 years experience in dealing with public sector issues arising in the intellectual property, technology and communication fields. He has extensive experience in e-government and ecommerce. Neale has been involved in many projects involving the identification, protection and commercialisation of public sector intellectual property, including biotechnology. Neale has been an active member of various cross-agency groups involved in the development of Queensland Government policy dealing with intellectual property and the commercialisation of such property in line with the Queensland Government’s Smart State policy initiatives. More recently Neale has been engaged in whole of government initiatives dealing with the appropriate management of strategically important datasets and databases developed and maintained by various departments and agencies, including consideration of open content licensing models.

GREG LANE Greg Lane is CEO of Auran which is an internationally known games developer based at Tenerife. Established in 1995, Auran first came to prominence with the hit RTS ‘Dark Reign: The Future of War’, which won Strategy Game of the Year in 1997. As one of Australia’s oldest and largest game studios Auran has won numerous technology awards.


Professor Quiggin is a Federation Fellow in Economics and Political Science at The University of Queensland. John is prominent both as a research economist and as a commentator on Australian economic policy.

He has published over 800 research articles, books and reports in fields including environmental economics, risk analysis, production economics, and the theory of economic growth. He has also written on policy topics including unemployment policy, micro-economic reform, privatisation, competitive tendering and the management of the Murray-Darrling river system. John has been an active contributor to Australian public debate in a wide range of media. He is a regular columnist for the Australian Financial Review, to which he also contributes review and feature articles. He frequently comments on policy issues for radio and TV. He was one of the first Australian academics to present publications on a website. In 2002, he commenced publication of a weblog providing daily comments on a wide range of topics.


Jean is a doctoral candidate based in the Creative Industries Research and Applications Centre (CIRAC) at QUT. She holds a Master of Philosophy in cultural studies from the University of Queensland and previously worked as a classical musician, music teacher and electronic music producer. Her current research project investigates the democratization of technologies used to create, distribute and consume digital content, the potential for greater cultural participation, and the constraints on this participation (copyright law, for example). One of the case studies for this project is digital storytelling, a process by which ordinary people create short, personal multimedia stories for broadcast or web streaming. Digital storytelling has been a key component of the content creation training strategy for the Youth Internet Radio Network (YIRN), with which Jean has been involved as a trainer and researcher.

MARK FALLU Mark is an IT specialist working with the Creative Industries Faculty of QUT.


Professor Conyngham was born in Sydney Australia. After study with Peter Sculthorpe at Sydney University and with Toru Takemitsu in Japan he has established himself as one of Australia’s few international composers. In addition he also maintained a successful academic career, as teacher at the University of Melbourne and Harvard University, and with executive appointments as Dean of Creative Arts and Chair of the Academic Board at the University of Wollongong, Interim Dean of Information Technology and later School of Business Bond University and Foundation ViceChancellor and President of Southern Cross University. He now devotes his time primarily to composition and consultancy. He holds a MA (Hons) with the University Medal from the University of Sydney, a Doctor of Music from the University of Melbourne and a Certificate of Post-doctoral studies from the University of California at San Diego. He is an Emeritus Professor of both the University of Wollongong and Southern Cross Universities. During 2000-2001 he held the position of Chair of Australian Studies at Harvard University. In 1997 Barry’s contribution to music and education was recognised when he became a Member of the Order of Australia.


Terry Cutler is the Company Director of Cutler & Co, and an industry consultant and strategy advisor in the information and communications technology sector. His consulting practice has worked extensively on projects such as operator licensing, corporate strategy and commercial transactions, and government industry policy and regulation. Terry has served on numerous Government Boards and advisory bodies, taking a special interest in Government's role in the new global Information Economy. He is currently a Member of the Board of the Commonwealth Scientific and Industrial Research Organisation (CSIRO), a member of the Victorian Government's Innovation Economy Advisory Council, Chairman of the Australasian Centre for Interaction Design, and President of the Australian Centre for the Moving Image, an innovative 21st century cultural institution for screen culture.

CAROL FRIPP Carol has over 27 years involvement in the Australian VET sector, from TAFE teacher through various organizational consultant and change agent roles into managing electronic service delivery options and ecommerce solutions in a rapidly changing environment. Carol has travelled widely over the last decade to keep current with new initiatives and innovations in the global marketplace. She has given several papers at national conferences through Australia and was Keynote Speaker at New Zealand eFEST2003. Her involvement with AEShareNet commenced in 1998 and continued through its evolution until appointed as inaugural Board Member in 2000 and subsequently moving into the role of General Manager in January 2002.


Dennis MacNamara has worked in vocational education for over 30 years in public and private institutions, including 19 years for TAFENSW (10 at the Open Training and Education Network, OTEN), and five at the Securities Institute. His main expertise is in the design and delivery of flexible and innovative learning services. He has been responsible for designing business models for the efficient organisation of education and training and is passionate about holistic approaches to the education business. Dennis joined AEShareNet in 2002, attracted to its potential to play a vital part in the infrastructure needed to facilitate flexible but efficient vocational education in Australia. It is imperative intellectual property be carefully managed in education, and that learning resources be used as widely as possible. Dennis believes AEShareNet offers an efficient global trading and sharing platform for learning materials, a world first for Australia.

NIC SUZOR Nic Suzor is a PhD student in the law school at Queensland University of Technology in Brisbane, Australia, researching Commons-based peer production in the creative industries. He has recently completed a research paper on the transformative re-use of copyright material. His background is in both law and computer science, holding undergraduate degrees in Law and IT from QUT, and having worked as a computer programmer before moving to legal research. He is involved in several research projects including Creative Commons Australia, research into legal issues of Free and Open Source Software, and computer games, with particular reference to massively multiplayer online environments and collaborative commonsbased production. Nic teaches jurisprudence in QUT’s undergraduate law programme, and legal issues to journalism students in QUT’s Creative Industries faculty.


Dr Rooney is Associate Director, Centre for Social Research in Communication and Senior Lecturer in Knowledge Management, UQ Business School. He has researched, taught and published widely in the areas of the knowledge-based economy, knowledge management, change management and economic structure of the creative industries. He is author of, Public Policy in the Knowledge-Based Economy. He is also one of the leading figures in the establishment of the Australian Creative Resource Archive, and the International Institute for Cultural Innovation, innovative new initiatives designed to stimulate creative industries growth in Australia and globally. Before entering academia he worked in the music and insurance industries.


Neeru Paharia was most recently Executive Director of Creative Commons.

Neeru graduated from the University of California at Davis in 1997 and received a Master of Science in Public Policy and Management with a concentration in Information Systems from Carnegie Mellon University in

2000. Neeru spent a year in the Coro Fellowship Program, a leadership program in public affairs and has worked for McKinsey and Company as an Associate Consultant. Neeru is also a filmmaker, illustrator, and blues guitar player. She has shown her work in various film festivals and publications.

DAMIEN O’BRIEN Damien completed a Bachelor of Laws at Queensland University Technology and now works as a research assistant for the Law Faculty at QUT.

KEITH DONE For over twenty five years, Keith has been a leader within the local Brisbane games community, devoting a great deal of his personal time to the development of games clubs and instigating the BIG Weekend in 1997, Brisbane’s most successful and popular games convention. He has written over twenty RPG adventure modules for national games conventions. In December 2005 his pet project, ‘Eldoria’, which details the environment and cultures of a fantasy setting, was published in the US.

His efforts in the area were noticed by Auran Pty Ltd, one of Australia’s leading PC game manufacturers and between 1999 and 2002 he took up a position with Auran, assisting them with the development of their Harn licence (Harn being a well-established fantasy setting owned by Columbia Games in Canada). Keith encouraged Auran to embrace the Open Gaming Licence that was being widely promoted by the major US game manufacturer, ‘Wizards of the Coast’. The result was a series of RPG modules written under the OGL licence, which received international acclaim for the quality of the writing, artwork and cartography.

Keith has a long background in project management within the tertiary sector, specifically with the commercialisation offices of the Queensland University of Technology and Griffith University and, most recently, with the QUT Faculty of Law. Keith has worked intermittently in a supporting role in the QUT Faculty of Law’s OAKLAW and Creative Commons research projects, including as coordinator of the OCL conference.


Michael Lavarch is Professor of Law and Executive Dean of the Faculty of Law at the Queensland University of Technology, a position he has held since March 2004. The QUT is one of Australia’s largest universities and the Law Faculty operates the largest of Australia’s 29 law schools.

A QUT graduate, Michael commenced his legal career in Brisbane as a Solicitor. His time in practice was short, however, as in 1987, aged 26, Michael was elected to Australian Federal Parliament for an electorate in Queensland. He served three terms in the Parliament until 1996. Prior to his service in Parliament, Michael served from 1982 to 1987 as a Councillor on the Pine Rivers Shire Council.

In 1993 Michael was appointed as Attorney-General in the Australian national government. As such he had policy responsibility for major areas of substantive Law including the Australian Company Law, Family Law and Bankruptcy Law and for the major institutions of justice including the Australian Federal Police and the Commonwealth Courts, including the High Court.


Renato is a Program Leader at National ICT Australia (NICTA) Queensland Laboratory. His research covers eSecurity technologies and standards in information and rights management. Renato has extensive experience in the development of Internet, Web, and Mobile technologies and standards and was a former member of the World Wide Web Consortium (W3C) Advisory Board.

Renato also is an Adjunct Associate Professor at the University of Queensland, Visiting Associate Professor at the University of Hong Kong and was previously the Chief Scientist at LiveEvents Wireless, IPR Systems and Principal Research Scientist at the Distributed Systems Technology Centre (DSTC).

–  –  –

Lawrence Lessig…3, 7-10, 11-25, 29, Open Source Licensing…117-120 31, 36-49, 56, 57, 60, 68, 73-75, 80, see also ‘Open Content Licensing’ 88, 94, 106, 151, 229-234, 239 and ‘Creative Commons’

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