Network neutrality: Issues for Australia

The beginning of the 21st century saw the beginning of substantial debate on “open access” to the Internet and the related concept of “network neutrality”. This paper is a short introduction to some of the complexities of the debate, focussing on the difficulties of attempting to regulate rapidly developing technologies, as well as particular issues of price and market regulation in Australia. Generally, network neutrality advocates believe that without regulation, telecommunications companies will use their control over “last mile” infrastructure to engage in discriminatory and anti-competitive practices against content providers. Opponents argue that this concern is illusory, and regulatory restrictions requiring neutrality will in their turn restrict innovation by network providers. In Australia, most discussion has focussed on price and market regulation. However, many Australian opponents of network neutrality say that it is an American problem, irrelevant to Australia, because of different pricing models for the Australian broadband market.     

Undercover policing: A psychological and operational guide

Undercover policing carries a tremendous responsibility for interdicting crime and political violence by preventive infiltration of criminal organizations to disrupt their operations and bring their perpetrators to justice. As much of this process involves the skillful manipulation of human relationships, psychology has a vital role to play in all major phases of undercover work. This article will describe the role of psychological services in team formation, selection and training of undercover officers (UCOs), preparation for undercover operations, deployment and monitoring, termination and reintegration, and managing deployment stress and post-operation psychological syndromes.     

A systematic analysis of diversion: Net widening and beyond

This analysis focuses on the operation of a juvenile diversion program in a large metropolitan area. In particular, the impact of the program on referrals made by the police to the juvenile court is examined. Consistent with most studies of diversion, a significant amount of net widening was found to occur following the introduction of the program. A time-series design using a four-year-preprogram and four-year-program period was employed to examine the trends in processing over time. Referrals for all categories of offenses rose significantly during the program years. The implications of these results are discussed in light of both police commitment to the goals of diversion and the legal safeguards in juvenile processing.     

A guide to the best technology-transfer practices

In analyzing the best technology-transfer practices of a broad cross-section of goverment agencies, research institutions, and national and industrial laboratories, it was found that different technology-transfer practices should be used at the prospecting, developing, trial, and adoption stages of technology transfer. These results are summarized in a benchmark model that indicates which best practices to use at each stage of the technology-transfer process, and what roles should be played by technology disseminators, developers, sponsors, and implementors during these stages. Rules are suggested for making cost-effectiveness trade-offs among alternative best practices and designing optimal transfer strategies when budgets are limited.     

Expert evidence: a practical guide

Legal context: expert witnesses now take part in many IP disputesand both experts and practitioners need to know the rules anddecisions affecting them. Key Points: we consider admissability of expert evidence, howto find an expert, appointment, how to change an expert, theexpert's duties, conflicts and the dangers of using an expert.It stresses the importance of finding an expert who knows thefield, will stick to it and communicates well. It is key notoversell or tempt the expert to oversell the evidence. Practitionersshould stay within the procedural rules, as mistakes can affectthe value of otherwise sound evidence. Practical significance: expert evidence is often decisive. Gettingit wrong can present a significant problem. English judges arenot slow to criticise any failure to meet the very high standardsthey expect of expert witnesses.     

A very short guide to an awful lot

Harmonised Trade Mark Law in Europe By Ulrich Hildebrandt 2005,Cologne: Carl Heymanns Verlag Price: 48, Hardback, ISBN: 3-452-25922-6. pp.150   Dr Ulrich Hildebrandt, a lawyer in private practice in Berlinand a lecturer at the Heinrich-Heine-University in Düsseldorf,has had an interesting and useful idea. In this book he hasproduced a compilation of the case law of the European Courtof Justice interpreting the Council Directive 89/104 to approximatethe laws of the Member States relating to trade marks (includingdecisions     

如何保护服务商标在先使用者的权利

案情简介 炉灶曹是创立于解放前的一个老字号,由曹姓家族使用于炉灶维修行业.1956年,私营炉灶曹被合营到西城区房管局,成立了其下属的炉灶专业队.后该炉灶专业队几经更名,于1997年9月定名为北京市育德建筑安装工程公司炉灶专业队(以下简称炉灶专业队),属育德公司的下属单位,不具有独立的法人资格.     

网络著作人身权研究

在数字网络时代,传统的著作人身权面临适格性困惑、基本概念模糊、合理性质疑和实施困难等诸多挑战。我国应借鉴他国有关著作人身权立法的成功经验,完善软件著作人身权的内容、确立著作人身权流转的合同模式、重构著作人身权侵权的判断标准。