Weatherall's Law

Weatherall's Law:
IP in the land of Oz (and more)

Wednesday, November 29, 2006

Interested in patent law? The standard of 'obviousness'?

Then you should read this beautifully-written recap on the oral arguments in the US Supreme Court in the KSR case - an important US case on obviousness. And if you're interested in more, I recommend The Fire of Genius, and Patently-O.

- Kim, 11:28 AM. [Permalink]

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Here you will find the 2002-2006 ramblings of Kimberlee Weatherall, Australian IP Academic, on IP law in Australia. Weatherall's Law went into permanent hiatus on 10 January 2007. Kimberlee now posts at LawFont. You can also follow her academic publications through her Bepress site.

The archives are here.
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Frequently Asked Questions about the Copyright Amendment Bill

1. Will the Bill make it legal to copy my CDs to my iPod? (see also here)

2. What effect will the criminal provisions of the Bill have? Will teenagers be criminally charged?

3. How do the three 'tiers' of criminal liability work? What is the defence of 'honest and reasonable mistake of fact'?

4. Why does the government say these new criminal provisions are being introduced?

5. What do copyright owners have to say about the new criminal provisions, and who they should be enforced against?

6. Could MySpace set up in Australia under our law?

7. Can you refer me to a simple summary of the effect of the Bill that a non-lawyer can understand? (and here too)

8. What did the Senate Committee say about the Bill?

9. What do you think of the copyright exceptions, and the decision not to introduce 'fair use'?

10. What does the Bill mean for region-coding? (and see here for the effect on libraries who buy DVDs from overseas)

11. Come on Kim, what do you really think? Any pithy quotes?

Frequently Asked Questions: Oz-DMCA (TPM/Anti-circumvention law) Review and Draft

1. What did the Senate think of the final draft of our new TPM laws?

2. What do you think of the provisions in the Bill?

3. What did you think of the TPM Exposure Draft? (various links can be found here)

4. Where can I get the LACA TPM Inquiry Report (1 March 2006)

5. What did you think of the TPM Inquiry Report (my thoughts and links to other commentary (2 March 2006))

6. Commentary on the Timing of the Report (3 March 2006)

7. Site of the LACA Committee which is conducting the review

8. My initial thoughts on identifying additional exceptions for the LACA to consider (29.Aug.05)

9. My post on how the review will work, and what it is covering (28.Aug.05)

10. My Initial Comment Post on the Announcement of the Review (with links to background material) (25.Aug.05)

Issues of historical importance: authorisation of copyright infringement: the Kazaa Australian Judgment

1. Were you wondering what was happening in Kazaa? (October 2005)

2. My initial commentary post (day after the judgment)

3. Other people's commentary (1)

4. Continually updated post collecting other people's commentary (2) - & discussion of the order

5. Kazaa Damages (1)

6. Kazaa Damages (2)

Issues of historical interest: the Australian Copyright Exceptions Review

1. The Attorney-General's Site with links to all the submissions

2. My collection of the submissions available online, and comments on those submissions

3. My background paper on the Review (pdf)

4. My paper on private copying and the exceptions review (pdf)

5. Comments on the Fair Use Issues Paper

6. Compendium of past posts on fair use issues

7. Some thoughts on submissions to make

8. Links to other people's thoughts on copyright exceptions

9. Links to relevant government reports and law reform reports

10. The relevance of Grokster to the Fair Use Review

The text of the posts on this site are created by Kimberlee Weatherall, and are licensed under a Creative Commons License.

Some of my recent writings

Submission to the House of Representatives Legal and Constitutional Affairs Committee Inquiry into Technological Protection Measures Exceptions, October 2005.

'Pretend-y Rights' On the Insanely Complicated New Regime for Performers' Rights in Australia, and how Australian Performers got Gypped, University of Melbourne Legal Studies Research Paper No.127 (Forthcoming in New Directions in Copyright Law) (October 2005)

Response to the Issues Paper: Fair Use and Other Copyright Exceptions in the Digital Age (with Emily Hudson) (July 2005)

A Comment on the Copyright Exceptions Review and Private Copying (June 2005), IPRIA Working Paper 14/05 (pdf)

Submission on Directors' Copyright Amendment Bill (pdf) (June 2005)

Background Paper: Fair Use, Fair Dealing: The Copyright Exceptions Review and the Future of Copyright Exceptions in Australia, IPRIA Occasional Paper 3/05

"Australia-US Free Trade Agreement - circumventing the rationale for anti-circumvention?" (with Emma Caine) (2005) 7(9) Internet Law Bulletin 121-126

An Empirical Investigation into Patent Enforcement in Australian Courts, 1997-2003 (With Paul Jensen)

On Technology Locks and the Proper Scope of Digital Copyright: Sony in the High Court, Sydney Law Review, 26(4), December 2004

Locked in: Australia gets a Bad Intellectual Property Deal", Policy, Summer 2004

Submission and Supplementary Submission to the Senate Select Committee on the Free Trade Agreement between the United States and Australia

Blogs I regularly read

Balkinization (Jack Balkin) (US; free speech, constitutional law, politics)

Catallaxy Files (Jason Soon and friends) (Australia; economics and politics)

Copyfight (US; Copyright, IP, Free Speech)

Ed Felten's Freedom to Tinker (US; tech and IP)

Imagining Australia (Andrew Leigh) (Australia; politics and economics)

IPKat (UK; IP)

IP Wars (Warwick Rothnie) (Australia; IP)