mark perry | University of New England - Australia (original) (raw)
Papers by mark perry
This discussion paper reports on the outcomes of a colloquium held in Canberra on 21 June 2014 at... more This discussion paper reports on the outcomes of a colloquium held in Canberra on 21 June 2014 at the Humanities Research Centre, Australian National University. The University of New England ran the event in conjunction with the CRC for Remote Economic Participation. We acknowledge the Ngunnawal people as the traditional owners and custodians of the land on which the colloquium took place.
The colloquium was held to discuss the challenges associated with seed banking and Aboriginal and Torres Strait Islander knowledge and to see how those challenges could be responded to effectively, fairly and efficiently.
The four questions posed to structure the discussion were:
1. Do we need to acknowledge cultural interests when biobanking seeds and using them in research?
2. Do cultural interests travel with a seed throughout such processes?
3. Can current legal mechanisms, such as intellectual property, be used to deal with cultural complexity in a scientific research setting?
4. Is traditional knowledge of seeds liable to be subjected to biopiracy?
Responses showed that seed banks currently determine the amount of cultural knowledge that is collected and that it is critical to distinguish between ecological and culturally sensitive information in the collection of seed data. As intellectual property laws have proven inadequate to protect traditional knowledge associated with seeds and prevent biopiracy, other approaches need to be explored, such as the legal principle of kinship and cooperative approaches.
Bridging the gap between collecting data about seeds and being respectful of the cultural integrity of those data raises political and operational issues, and actions may have unintended consequences. Organisations that collect seed need to take these issues into account in their management processes; they can improve their accountability through:
1. an operating protocol for knowledge collection
2. a means to convert the knowledge transaction into obligations, such as through a knowledge
trusteeship
3. an administrative process to manage and enforce responsibility.
Of these three areas, the first is currently the most developed, and the second two have most scope for further research. Ongoing collaboration between seed bank institutions and stakeholders will also be an important part of further work. This will be supported by the special issue of the International Journal of Rural Law and Policy, due mid-2015, which will report in more detail on the colloquium.
The 8th IEEE International Conference on E-Commerce Technology and The 3rd IEEE International Conference on Enterprise Computing, E-Commerce, and E-Services (CEC/EEE'06), 2006
Success in today's marketing arena can often depend on companies embracing effective new technolo... more Success in today's marketing arena can often depend on companies embracing effective new technologies and integrating them into their business model. In the computing service supply industry, Service Level Agreements (SLAs) are commonly prepared and signed agreements between the service provider and its customers. SLAs should match business needs of both sides of the agreement as closely as possible. This paper focuses on at the steps and activities that the service provider can take to facilitate agreement. It proposes an automated way for creating SLA's from a set of Service Level Objectives (SLOs). The SLA should achieve business goals, including the maximization of customer satisfaction. To automate the preparation of effective SLAs each company should set SLOs that support business needs.
Lecture Notes in Computer Science, 2001
SSRN Electronic Journal, 2012
Interestingly, this case deals with a cinematographic work. The text of the decision expressly as... more Interestingly, this case deals with a cinematographic work. The text of the decision expressly asks "who should be considered the author of a movie" and then develop a reasoning concerning the subjects involved in the workflow and their tasks (id. at 1232). A completely different solution is provided by the Italian Copyright Act where cinematographic works are considered a special category of joint works, where authorship is recognized for the director, the screen play writer, the composer of the soundtrack and the artistic director, while economics rights vest to the producer.
2008 IEEE International Conference on Services Computing, 2008
Service level agreements (SLAs) are commonly prepared and signed documents that form the contract... more Service level agreements (SLAs) are commonly prepared and signed documents that form the contracts between a service provider and its customers, defining the obligations and liabilities of the parties. SLAs reflect the business needs of both customer and supplier as far as possible. SLAs are usually formed through either the adoption of a boiler plate agreement from the provider, or by negotiation between the parties. With the increasing adoption of software supply being implemented as a network service - software as a service (SaaS) - these methods are rigid or slow and costly. We propose a system that the parties can use to facilitate both fast and flexible agreements through the automation of SLA creation from a combination of service level objectives (SLOs) and business rules. We look at a means for generating these with a SLA-NM (SLA negotiation manager), complying with e-negotiation rules and creates agreements from existing business objectives.
SSRN Electronic Journal, 2011
Concomitant with the increased market appeal of cloud-based services, there is growing concern ov... more Concomitant with the increased market appeal of cloud-based services, there is growing concern over issues of privacy within the architecture. In this paper, we analyze what is meant by the term privacy from a legal perspective, and how the meaning of cloud computing and their operation may be affected in at least one jurisdiction. We also look at some possible solutions to addressing privacy in clouds.
Fourth International Conference on Autonomic and Autonomous Systems (ICAS'08), 2008
The license agreement can be seen as the knowledge source for a license management system. As suc... more The license agreement can be seen as the knowledge source for a license management system. As such, it may be referenced by the system each time a new process is initiated. To facilitate access, a machine readable representation of the license agreement is highly desirable, but at the same time we do not want to sacrifice too much readability of such agreements by human beings. Creating an ontology as a formal knowledge representation of licensing not only meets the representation requirements, but also offers improvements to knowledge reusability owing to the inherent sharing nature of such representations. Furthermore, the XML-based ontology languages such as OWL (Web Ontology Language) can be user friendly for the non-developers who are often those responsible for implementing and managing such license agreements. This paper shows our use of ontology to represent the license agreement in a development prototype. The ultimate goal is to build ontology for the license management domain that will facilitate autonomic knowledge management. Knowledge based on such ontology can then be shared and utilized by many types of license management system.
Elections, referenda and polls are vital processes for the operation of a modern democracy. They ... more Elections, referenda and polls are vital processes for the operation of a modern democracy. They form the mechanism for transferring power from citizens to their representatives. Although some commentators claim that the pencil-and-paper systems used in countries such as Canada and UK are still the best method of avoiding voterigging, recent election problems, and the need for faster, better, cheaper vote counting, have stimulated great interest in managing the election process through the use of electronic voting systems. While computer scientists, for the most part, have been warning of the possible perils of such action, vendors have forged ahead with their products, claiming increased security and reliability. Many democracies have adopted electronic systems, and the number of deployed systems is rising. Although the electronic voting process has gained popularity and users, it is a great challenge to provide a reliable system. The existing systems available to perform the elect...
As we use software in increasingly varied contexts, the concept of a software license has become ... more As we use software in increasingly varied contexts, the concept of a software license has become progressively more complex. Software is embedded in devices that do not obviously resemble computers. Web services make software on one computer available to anyone with internet access. An individual may use several computers over the course of the day so the concept of a node locked or individual license is no longer clear. How should time based and single use and consumptive licenses be governed and interact? This paper examines how these and other issues in software licensing can be seen as instances of the general concept of performance rights, rather than simply reproduction rights. Licenses involving finely specified performance rights are common in the entertainment industry for music, film, stage and television. We describe how, as software and our use of it becomes more sophisticated, we see performance rights as becoming an apt basis for software licensing.
Free software – software in which the human readable source code is disclosed and distributed to ... more Free software – software in which the human readable source code is disclosed and distributed to the world - provides an excellent opportunity to "scrutinise" how software operates. By way of contrast, software that is distributed in binary form with the source code not disclosed (closed) promotes secrecy and ignorance as to how the software operates. If I were just about to be convicted of murder or to elect a President through a democratic process that relied on software I would feel more comfortable knowing the inner thoughts of that software – for software as a discursive practice has the power through its coding by humans (normally large private corporations) to construct knowledge much the same was as language, and embodies the thoughts of those that build it. Our thesis is that core software infrastructure in a vibrant democracy must be able to be scrutinised, reviewed and made accountable by any citizen through access to the source code. At present, free software p...
Free Libre Open Source Software (FLOSS) is characterised by a specific programming and developmen... more Free Libre Open Source Software (FLOSS) is characterised by a specific programming and development paradigm. The availability and freedom of use of source code are at the core of this paradigm, and are the prerequisites for FLOSS features. Unfortunately, the fundamental role of code is often ignored among those who decide the software purchases for Canadian public agencies. Source code availability and the connected freedoms are often seen as unrelated and accidental aspects, and the only real advantage acknowledged, which is the absence of royalty fees, becomes paramount. In this paper we discuss some relevant legal issues and explain why public administrations should choose FLOSS for their technological infrastructure. We also present the results of a survey regarding the penetration and awareness of FLOSS usage into the Government of Canada. The data demonstrates that the Government of Canada shows no enforced policy regarding the implementation of a specific technological framew...
The advent of Service Oriented Architecture (SOA) paradigm and increasing use of Web Services (WS... more The advent of Service Oriented Architecture (SOA) paradigm and increasing use of Web Services (WS) implies that the future will see a large number of services transferred between providers and consumers, using many applications or agents working on behalf of humans. Discovering and using the services is the easy part. Negotiating and selecting the best services from amongst the plethora of similar ones, depending on their cost and quality, is the challenging issue. However, existing WS-I standards neither cater to provision of Service Level Agreements (SLAs), nor their exchange between parties. These standards are confined merely to WS description (WSDL). Once WS are discovered and selected, SLAs are merely used to monitor service compliance. We propose a novel method that allows service-providers to dynamically generate the SLAs, and then transfer them to clients for selection amongst competitive service providers. The clients use Application to Application (A2A) communication to c...
Intellectual property rights in primary legal materials create a dilemma for policy makers. Shoul... more Intellectual property rights in primary legal materials create a dilemma for policy makers. Should the State's normative materials be subject to reproduction restrictions? Is the basis of unsubstantiated economic benefit for the administration and the claimed preservation of the integrity of the materials sufficient ground? Perhaps third parties should be encouraged to reproduce and disseminate such materials, or even the State could take responsibility for large scale dissemination. This article examines issues surrounding the privatisation of the New Zealand Government Printing Office. There is inquiry into the history of Crown Copyright, fallacious assumptions made in the past, the sale of the Office, and the influence of privatisation on the passage of the Copyright Bill 1994.
Carnivore is a surveillance technology, a software program housed in a computer unit, which is in... more Carnivore is a surveillance technology, a software program housed in a computer unit, which is installed by properly authorized FBI agents on a particular Internet Service Provider's (ISP) network. The Carnivore software system is used together with a tap on the ISP's network to " intercept, filter, seize and decipher digital communications on the Internet ". The system is described as a " specialized network analyzer " that works by " sniffing " a network and copying and storing a warranted subset of its traffic. In the FBI's own words " Carnivore chews on all data on the network, but it only actually eats the information authorized by a court order ". This article, in two parts, will provide an overview of the FBI's Carnivore electronic surveillance system. The Carnivore software's evolution, its 'prey' and the system's relationship with Internet Service Providers will be the focus of the study. (Although the ...
Negotiation is fundamental to business. Increased automation of business to business or business ... more Negotiation is fundamental to business. Increased automation of business to business or business to customer interaction is demanding efficient but flexible systems that can manage the negotiation process with minimal direct human intervention. Industries that provide online services rely on Service Level Agreements as the basis for their contractual relationship. Here we look at a means for generating these with a negotiating tool (SLA Negotiation Manager) that complies with e-negotiation rules and creates the agreements from existing business objectives.
Global Governance of Intellectual Property in the 21st Century
Reasons for judgments both manifest and apply the principles of law and legal reasoning in a part... more Reasons for judgments both manifest and apply the principles of law and legal reasoning in a particular action. Although statute and precedent form the basis of common law legal systems, the copyright and prerogative issues regarding judges’ reasons for judgments are of a different nature to those governing publication of Acts of Parliament. Both share uncertainty and similar policy considerations. A number of cases are cited in common in discussions of the development of copyright and prerogative in their publication. However, the history and evolution of these rights in Acts of Parliament and reasons for judgments followed different courses.
This discussion paper reports on the outcomes of a colloquium held in Canberra on 21 June 2014 at... more This discussion paper reports on the outcomes of a colloquium held in Canberra on 21 June 2014 at the Humanities Research Centre, Australian National University. The University of New England ran the event in conjunction with the CRC for Remote Economic Participation. We acknowledge the Ngunnawal people as the traditional owners and custodians of the land on which the colloquium took place.
The colloquium was held to discuss the challenges associated with seed banking and Aboriginal and Torres Strait Islander knowledge and to see how those challenges could be responded to effectively, fairly and efficiently.
The four questions posed to structure the discussion were:
1. Do we need to acknowledge cultural interests when biobanking seeds and using them in research?
2. Do cultural interests travel with a seed throughout such processes?
3. Can current legal mechanisms, such as intellectual property, be used to deal with cultural complexity in a scientific research setting?
4. Is traditional knowledge of seeds liable to be subjected to biopiracy?
Responses showed that seed banks currently determine the amount of cultural knowledge that is collected and that it is critical to distinguish between ecological and culturally sensitive information in the collection of seed data. As intellectual property laws have proven inadequate to protect traditional knowledge associated with seeds and prevent biopiracy, other approaches need to be explored, such as the legal principle of kinship and cooperative approaches.
Bridging the gap between collecting data about seeds and being respectful of the cultural integrity of those data raises political and operational issues, and actions may have unintended consequences. Organisations that collect seed need to take these issues into account in their management processes; they can improve their accountability through:
1. an operating protocol for knowledge collection
2. a means to convert the knowledge transaction into obligations, such as through a knowledge
trusteeship
3. an administrative process to manage and enforce responsibility.
Of these three areas, the first is currently the most developed, and the second two have most scope for further research. Ongoing collaboration between seed bank institutions and stakeholders will also be an important part of further work. This will be supported by the special issue of the International Journal of Rural Law and Policy, due mid-2015, which will report in more detail on the colloquium.
The 8th IEEE International Conference on E-Commerce Technology and The 3rd IEEE International Conference on Enterprise Computing, E-Commerce, and E-Services (CEC/EEE'06), 2006
Success in today's marketing arena can often depend on companies embracing effective new technolo... more Success in today's marketing arena can often depend on companies embracing effective new technologies and integrating them into their business model. In the computing service supply industry, Service Level Agreements (SLAs) are commonly prepared and signed agreements between the service provider and its customers. SLAs should match business needs of both sides of the agreement as closely as possible. This paper focuses on at the steps and activities that the service provider can take to facilitate agreement. It proposes an automated way for creating SLA's from a set of Service Level Objectives (SLOs). The SLA should achieve business goals, including the maximization of customer satisfaction. To automate the preparation of effective SLAs each company should set SLOs that support business needs.
Lecture Notes in Computer Science, 2001
SSRN Electronic Journal, 2012
Interestingly, this case deals with a cinematographic work. The text of the decision expressly as... more Interestingly, this case deals with a cinematographic work. The text of the decision expressly asks "who should be considered the author of a movie" and then develop a reasoning concerning the subjects involved in the workflow and their tasks (id. at 1232). A completely different solution is provided by the Italian Copyright Act where cinematographic works are considered a special category of joint works, where authorship is recognized for the director, the screen play writer, the composer of the soundtrack and the artistic director, while economics rights vest to the producer.
2008 IEEE International Conference on Services Computing, 2008
Service level agreements (SLAs) are commonly prepared and signed documents that form the contract... more Service level agreements (SLAs) are commonly prepared and signed documents that form the contracts between a service provider and its customers, defining the obligations and liabilities of the parties. SLAs reflect the business needs of both customer and supplier as far as possible. SLAs are usually formed through either the adoption of a boiler plate agreement from the provider, or by negotiation between the parties. With the increasing adoption of software supply being implemented as a network service - software as a service (SaaS) - these methods are rigid or slow and costly. We propose a system that the parties can use to facilitate both fast and flexible agreements through the automation of SLA creation from a combination of service level objectives (SLOs) and business rules. We look at a means for generating these with a SLA-NM (SLA negotiation manager), complying with e-negotiation rules and creates agreements from existing business objectives.
SSRN Electronic Journal, 2011
Concomitant with the increased market appeal of cloud-based services, there is growing concern ov... more Concomitant with the increased market appeal of cloud-based services, there is growing concern over issues of privacy within the architecture. In this paper, we analyze what is meant by the term privacy from a legal perspective, and how the meaning of cloud computing and their operation may be affected in at least one jurisdiction. We also look at some possible solutions to addressing privacy in clouds.
Fourth International Conference on Autonomic and Autonomous Systems (ICAS'08), 2008
The license agreement can be seen as the knowledge source for a license management system. As suc... more The license agreement can be seen as the knowledge source for a license management system. As such, it may be referenced by the system each time a new process is initiated. To facilitate access, a machine readable representation of the license agreement is highly desirable, but at the same time we do not want to sacrifice too much readability of such agreements by human beings. Creating an ontology as a formal knowledge representation of licensing not only meets the representation requirements, but also offers improvements to knowledge reusability owing to the inherent sharing nature of such representations. Furthermore, the XML-based ontology languages such as OWL (Web Ontology Language) can be user friendly for the non-developers who are often those responsible for implementing and managing such license agreements. This paper shows our use of ontology to represent the license agreement in a development prototype. The ultimate goal is to build ontology for the license management domain that will facilitate autonomic knowledge management. Knowledge based on such ontology can then be shared and utilized by many types of license management system.
Elections, referenda and polls are vital processes for the operation of a modern democracy. They ... more Elections, referenda and polls are vital processes for the operation of a modern democracy. They form the mechanism for transferring power from citizens to their representatives. Although some commentators claim that the pencil-and-paper systems used in countries such as Canada and UK are still the best method of avoiding voterigging, recent election problems, and the need for faster, better, cheaper vote counting, have stimulated great interest in managing the election process through the use of electronic voting systems. While computer scientists, for the most part, have been warning of the possible perils of such action, vendors have forged ahead with their products, claiming increased security and reliability. Many democracies have adopted electronic systems, and the number of deployed systems is rising. Although the electronic voting process has gained popularity and users, it is a great challenge to provide a reliable system. The existing systems available to perform the elect...
As we use software in increasingly varied contexts, the concept of a software license has become ... more As we use software in increasingly varied contexts, the concept of a software license has become progressively more complex. Software is embedded in devices that do not obviously resemble computers. Web services make software on one computer available to anyone with internet access. An individual may use several computers over the course of the day so the concept of a node locked or individual license is no longer clear. How should time based and single use and consumptive licenses be governed and interact? This paper examines how these and other issues in software licensing can be seen as instances of the general concept of performance rights, rather than simply reproduction rights. Licenses involving finely specified performance rights are common in the entertainment industry for music, film, stage and television. We describe how, as software and our use of it becomes more sophisticated, we see performance rights as becoming an apt basis for software licensing.
Free software – software in which the human readable source code is disclosed and distributed to ... more Free software – software in which the human readable source code is disclosed and distributed to the world - provides an excellent opportunity to "scrutinise" how software operates. By way of contrast, software that is distributed in binary form with the source code not disclosed (closed) promotes secrecy and ignorance as to how the software operates. If I were just about to be convicted of murder or to elect a President through a democratic process that relied on software I would feel more comfortable knowing the inner thoughts of that software – for software as a discursive practice has the power through its coding by humans (normally large private corporations) to construct knowledge much the same was as language, and embodies the thoughts of those that build it. Our thesis is that core software infrastructure in a vibrant democracy must be able to be scrutinised, reviewed and made accountable by any citizen through access to the source code. At present, free software p...
Free Libre Open Source Software (FLOSS) is characterised by a specific programming and developmen... more Free Libre Open Source Software (FLOSS) is characterised by a specific programming and development paradigm. The availability and freedom of use of source code are at the core of this paradigm, and are the prerequisites for FLOSS features. Unfortunately, the fundamental role of code is often ignored among those who decide the software purchases for Canadian public agencies. Source code availability and the connected freedoms are often seen as unrelated and accidental aspects, and the only real advantage acknowledged, which is the absence of royalty fees, becomes paramount. In this paper we discuss some relevant legal issues and explain why public administrations should choose FLOSS for their technological infrastructure. We also present the results of a survey regarding the penetration and awareness of FLOSS usage into the Government of Canada. The data demonstrates that the Government of Canada shows no enforced policy regarding the implementation of a specific technological framew...
The advent of Service Oriented Architecture (SOA) paradigm and increasing use of Web Services (WS... more The advent of Service Oriented Architecture (SOA) paradigm and increasing use of Web Services (WS) implies that the future will see a large number of services transferred between providers and consumers, using many applications or agents working on behalf of humans. Discovering and using the services is the easy part. Negotiating and selecting the best services from amongst the plethora of similar ones, depending on their cost and quality, is the challenging issue. However, existing WS-I standards neither cater to provision of Service Level Agreements (SLAs), nor their exchange between parties. These standards are confined merely to WS description (WSDL). Once WS are discovered and selected, SLAs are merely used to monitor service compliance. We propose a novel method that allows service-providers to dynamically generate the SLAs, and then transfer them to clients for selection amongst competitive service providers. The clients use Application to Application (A2A) communication to c...
Intellectual property rights in primary legal materials create a dilemma for policy makers. Shoul... more Intellectual property rights in primary legal materials create a dilemma for policy makers. Should the State's normative materials be subject to reproduction restrictions? Is the basis of unsubstantiated economic benefit for the administration and the claimed preservation of the integrity of the materials sufficient ground? Perhaps third parties should be encouraged to reproduce and disseminate such materials, or even the State could take responsibility for large scale dissemination. This article examines issues surrounding the privatisation of the New Zealand Government Printing Office. There is inquiry into the history of Crown Copyright, fallacious assumptions made in the past, the sale of the Office, and the influence of privatisation on the passage of the Copyright Bill 1994.
Carnivore is a surveillance technology, a software program housed in a computer unit, which is in... more Carnivore is a surveillance technology, a software program housed in a computer unit, which is installed by properly authorized FBI agents on a particular Internet Service Provider's (ISP) network. The Carnivore software system is used together with a tap on the ISP's network to " intercept, filter, seize and decipher digital communications on the Internet ". The system is described as a " specialized network analyzer " that works by " sniffing " a network and copying and storing a warranted subset of its traffic. In the FBI's own words " Carnivore chews on all data on the network, but it only actually eats the information authorized by a court order ". This article, in two parts, will provide an overview of the FBI's Carnivore electronic surveillance system. The Carnivore software's evolution, its 'prey' and the system's relationship with Internet Service Providers will be the focus of the study. (Although the ...
Negotiation is fundamental to business. Increased automation of business to business or business ... more Negotiation is fundamental to business. Increased automation of business to business or business to customer interaction is demanding efficient but flexible systems that can manage the negotiation process with minimal direct human intervention. Industries that provide online services rely on Service Level Agreements as the basis for their contractual relationship. Here we look at a means for generating these with a negotiating tool (SLA Negotiation Manager) that complies with e-negotiation rules and creates the agreements from existing business objectives.
Global Governance of Intellectual Property in the 21st Century
Reasons for judgments both manifest and apply the principles of law and legal reasoning in a part... more Reasons for judgments both manifest and apply the principles of law and legal reasoning in a particular action. Although statute and precedent form the basis of common law legal systems, the copyright and prerogative issues regarding judges’ reasons for judgments are of a different nature to those governing publication of Acts of Parliament. Both share uncertainty and similar policy considerations. A number of cases are cited in common in discussions of the development of copyright and prerogative in their publication. However, the history and evolution of these rights in Acts of Parliament and reasons for judgments followed different courses.