Knowledge Policy for the Twenty-First Century

A Legal Perspective


The 21st century started with a bang, at least from the perspective of the widespread adoption of information technologies, and market hype for overvalued technology stock. There was a second bang shortly afterwards, when the bubble burst. We are now entering a period of greater stability for the appreciation of information technology in society, as well as sustained development, albeit in a financial environment that has become uncertain. This collection of essays addresses some of the issues that face our society in deciding how best to handle access to, and monopolies over, knowledge. It includes detailed examination of the social, political and legal implications of free and open source software. As well it looks at the future of copyright in the digital age.

This book arose out of a conference held in April 2007 at the University of Western Ontario Faculty of Law. The conference was a collaborative research exercise between the University of Western Ontario and The Queensland University of Technology.

Table of Contents

Introduction: Considerations for a 21st-century Knowledge Policy
Mark Perry & Brian Fitzgerald

Chapter 1: Free Software
Richard Stallman

Chapter 2: Free Software as a Democratic Principle
Nic Suzor, Brian Fitzgerald, & Mark Perry

Chapter 3: A Theory of Disclosure for Security and Competitive Reasons: Open Source, Proprietary Software, andGovernment Systems
Peter P. Swire

Chapter 4: FLOW Licensing and Contracting: Applied Intellectual Resource Economics in the Canadian Public Sector
Joseph R. Potvin

Chapter 5: Free Software and Software-defined Radio: An Overview of New FCC Rules
Matt Norwood

Chapter 6: The Legality of Free and Open Source Software Licences: The Case of Jacobsen v. Katzer
Brian Fitzgerald & Rami Olwan

Chapter 7: Facilitating Meaningful Public Access to Primary Legal Information: Designing an Integrated Legal Environment
Marcus Bornfreund & Phil Surette

Chapter 8: Blogs and the Law: Key Legal Issues for the Blogosphere
Damien O'Brien

Chapter 9: The School Girl, the Billboard, and Virgin: The Virgin Mobile Case and the Use of Creative Commons Licensed Photographs by Commercial Entities
Emma Carroll & Jessica Coates

Chapter 10: Abandoning Eden: The Google Print Library Project
Dilan Thampapillai

Chapter 11: Third-party Copyright and Public Information Infrastructure/Registries: How Much Copyright Tax Must the Public Pay?
Brian Fitzgerald & Benedict Atkinson

Chapter 12: The Academic Authorship, Publishing Agreements, and Open Access Survey: An Australian Perspective
Anthony Austin, Maree Heffernan, & Nikki David

Chapter 13: A Relational Theory of Authorship
Sampsung Xiaoxiang Shi & Brian Fitzgerald

Chapter 14: Access to Digital Information: Gift or Right?
Margaret Ann Wilkinson

Chapter 15: Creating a Legal Framework for Copyright Management of Open Access within the Australian Academic and Research Sector
Brian Fitzgerald, Anne Fitzgerald, Mark Perry, Scott Kiel-Chisholm, Erin Driscoll, Dilan Thampapillai, & Jessica Coates

Chapter 16: Digital Copyright Reform in New Zealand: An Own-Interest Approach for a Small Market Economy
Susy Frankel


Of interest...