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Knowledge Policy for the 21st Century

A Legal Perspective

Edited by Mark Perry and Brian Fitzgerald


This collection of essays by Australian, New Zealand and Canadian authors, 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, and the future of copyright in the digital age.

Topics covered include:

  • disclosure for security and competitive reasons in relation to open source and proprietary software and government systems;
  • flow licensing and contracting in the Canadian public sector;
  • an overview of the US Federal Communications Commission rules in relation to free software;
  • the implications of Jacobsen v Katzer for the legality of software licensing;
  • public access to primary legal information;
  • key legal issues for blogs;
  • the Virgin Mobile case and the use of Creative Commons licensed photographs by commercial entitites;
  • the Google Print Library project;
  • third-party copyright and public information infrastructure and registries;
  • academic authorship, publishing agreements and open access in Australia, and the legal framework for managing copyright and open access;
  • rights to access to digital information;
  • digital copyright reform in New Zealand.


Considerations for a 21st-century Knowledge Policy
Mark Perry & Brian Fitzgerald
Free Software
Richard Stallman
Free Software as a Democratic Principle
Nic Suzor, Brian Fitzgerald, & Mark Perry
A Theory of Disclosure for Security and Competitive Reasons: Open Source, Proprietary Software, and Government Systems
Peter P Swire
FLOW Licensing and Contracting: Applied Intellectual Resource Economics in the Canadian Public Sector
Joseph R Potvin
Free Software and Software-defined Radio: An Overview of New FCC Rules
Matt Norwood
The Legality of Free and Open Source Software Licences: The Case of Jacobsen v. Katzer
Brian Fitzgerald & Rami Olwan
Facilitating Meaningful Public Access to Primary Legal Information: Designing an Integrated Legal Environment
Marcus Bornfreund & Phil Surette
Blogs and the Law: Key Legal Issues for the Blogosphere
Damien O’Brien
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
Abandoning Eden: The Google Print Library Project
Dilan Thampapillai
Third-party Copyright and Public Information Infrastructure/Registries: How Much Copyright Tax Must the Public Pay?
Brian Fitzgerald & Benedict Atkinson
The Academic Authorship, Publishing Agreements, and Open Access Survey: An Australian Perspective
Anthony Austin, Maree Heffernan, & Nikki David
A Relational Theory of Authorship
Sampsung Xiaoxiang Shi & Brian Fitzgerald
Access to Digital Information: Gift or Right?
Margaret Ann Wilkinson
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

Published 12 December 2011
Publisher Irwin Law (Canada)
ISBN 9781552211724
Australian RRP $95.00
International Price $90.00
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Law - Intellectual Property
Law - Commercial

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