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2008-11-24

Australian Legal CSL fixes support for statutes

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I've been testing the Aus Legal CSL style for Zotero on my thesis database, and fixed a few niggles. The big issue I've been trying to sort out is referencing statutes. At present there is no "jurisdiction" field (although I've made a request now, so if there is a consensus, it might happen).

In the meantime, I've adjusted the CSL for statutes so that it treats the "Extra" field as the jurisdiction. So now the updated code will format legislation/statutes as follows:

Title Year (Extra)

It still doesn't handle section numbers, but that's next on the list.

2008-11-21

Australian legal citation style for Zotero (CSL)

I've just added a modified version of the Bluebook style to suit Australian legal formatting conventions to the repository (install link: http://www.zotero.org/styles/australian-legal/dev?install=1).

It's similar to, but not identical to the Australian Guide to Legal Citation 2 style, which is just too finicky for me. If enough people are interested, it could be developed towards this goal.

I'll be using it for my PhD thesis, and have tested it on my library - it seems consistent so far. Please feel free to try it out, and if you have any problems, or want to give any feedback, either do so here, on the Zotero forum thread (http://forums.zotero.org/discussion/4841/new-australian-legal-citation-style/) or send me an email to anton dot hughes at utas dot edu dot au.

Note I did find an issue with volume number handling (see http://forums.zotero.org/discussion/4831/bug-with-csl-matchnone-handling/) but for an interim fix just delete and re-type the volume number.

2008-09-28

Law reform is hard

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On the 19th of September, I made a submission to the Advisory Council on Intellectual Property's Review of Patentable Subject Matter. You can read all the submissions, including mine, if you are interested. One thing I hadn't realised is how hard it would be to put a submission together. Not only did I want to put 4 years worth of research into my submission, but I also knew it would be a matter of public record. Further, and this is the really hard bit, it is easy to point out the weaknesses in a legal regime, but actually drafting new legislation to reflect your views is quite difficult.

Definitely a rewarding experience, and has helped me clarify the end position of my thesis.

2008-06-06

The value of economics in the context of free speech

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Peter Hammer describes the value of economics in determining free speech issues as follows:
An economic evaluation of free speech must be met with mixed reviews. There is much that a proper view of economics can bring to this field of constitutional law. Economics can be useful when it is viewed as a science which examines the decisionmaking process, the study of optimization behavious subject to constraints. Economics cannot be helpful if it is viewed as a precise tool that can mechanically and independently determine the outcomes of complex problems. As a method, economics can lend valuable insight to the technical process of constitutional decisionmaking. In this capacity it can be used to assist in the framing of issues and in isolating the appropriate factors for judicial consideration. Economics is not helpful, however, in the inherently subjective process of weighing and quantifying competing concerns. It is wrong not to recognize this limitation, and it is dangerous to assume that difficult, value-laden decision areas in areas such as free speech can be decided mechanically by appealing to an economic formula. Difficult constitutional choices cannot be avoided by viewing first amendment issues through the lens of an economic perspective.

(Peter J. Hammer "Free Speech and the "Acid Bath": An Evaluation and Critique of Judge Richard Posner's Economic Interpretation of the First Amendment" (1988) 87(2) Michigan Law Review 499-536)

I think there is also much to be said for the limitations of economics in determining the appropriate levels of intellectual property protection. James Boyle also makes this precisely this point in relation to the gene patent debate.

Old principles never die, they just ...

J.S. Mill on Victorian Christianity (thanks to Alan Haworth Free Speech (Routledge 1998) at 2):

that it exemplified "a progressive tendency to forget all of the belief except the formularies, or to give it a dull and torpid assent, as if accepting it on trust dispensed with the necessity of realising it in consciousness, or testing it by personal experience".


So I think it is with the Australian test for patentability now. Despite the concern of the court in NRDC to avoid a precise formulation of what is patentable and what is not, the case has with time become authority only for the need to recite an (unsurprisingly strained, and on closer inspection, almost entirely meaningless) phrase which says that something will be patentable if it is "an artificially created state of affairs of value in the field of economic endeavour".

2008-03-05

Source Code Versus Object Code: Patent Implications For The Open Source Community

Just started reading this article. Lin et al argue that merely downloading the source code of a software project could amount to infringement of a patent, ' "because by merely downloading the source code, the programmer has 'made' the computer program under the Patent Act" (See [2002] Santa Clara Computer & High Technology Law Journal 235, at 236).

This is a flow-on consequence of allowing Beauregard-style claims, ie where a software invention embodied in a computer-readable medium satisfies the patentable subject matter test.

The effect? "Such potential for patent liability could discourage the widespread distribution of source code that produces the exchange of new ideas, innovative theories and techniques, and secure coding practices that are so valued by the open source ideal." (at 236)

Free speech, anyone?

2008-02-07

Quote of the day

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Computer programming languages are interesting in their own right, as they represent humanity's attempts to communicate our ideas to our machines.

-- Stobbs G, Software Patents, 2nd Ed, 2000, at 63.

2008-02-05

Everyone has the right

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Since 1948 the Universal Declaration of Human Rights has been
the most important, and the most effective, inspiration for per-
sonal, national and international efforts to secure and protect basic
rights of mankind.

-- James H. Ottoway, Introduction, Everyone Has the Right

I'm currently looking at the importance of freedom in Intellectual Property rights, particularly in patent law, and I'm just making a note of this resource - lots of stuff on the importance of free speech in the context of press freedom. The introduction has a very good breakdown of the text of Article 19, explaining the significance of individual words and phrases in it.
If you don't fancy downloading the PDF, have a look in the Google cache at a HTML version.

2007-12-31

Diamond v Chakrabarty - conflicting notions of the role of courts

Compare this quote:
It is, of course, correct that Congress, not the courts, must define the limits of patentability; but it is equally true that once Congress has spoken it is “the province and duty of the judicial department to say what the law is.” Marbury v. Madison,1 Cranch 137, 177 (1803). Congress has performed its constitutional role in defining patentable subject matter in §101; we perform ours in construing the language Congress has employed. In so doing, our obligation is to take statutes as we find them, guided, if ambiguity appears, by the legislative history and statutory purpose. Here, we perceive no ambiguity. The subject matter provisions of the patent law have been cast in broad terms to fulfill the constitutional and statutory goal of promoting “the Progress of Science and the useful Arts” with all that means for the social and economic benefits envisioned by Jefferson. Broad general language is not necessarily ambiguous when congressional objectives require broad terms.

with this one:

It is argued that this Court should weigh these potential hazards in considering whether respondent’s invention is <447 U.S. 317> patentable subject matter under §101. We disagree. The grant or denial of patents on microorganisms is not likely to put an end to genetic research or to its attendant risks. The large amount of research that has already occurred when no researcher had sure knowledge that patent protection would be available suggests that legislative or judicial fiat as to patentability will not deter the scientific mind from probing into the unknown any more than Canute could command the tides. Whether respondent’s claims are patentable may determine whether research efforts are accelerated by the hope of reward or slowed by want of incentives, but that is all. What is more important is that we are without competence to entertain these arguments – either to brush them aside as fantasies generated by fear of the unknown, or to act on them. The choice we are urged to make is a matter of high policy for resolution within the legislative process after the kind of investigation, examination, and study that legislative bodies can provide and courts cannot. That process involves the balancing of competing values and interests, which in our democratic system is the business of elected representatives. Whatever their validity, the contentions now pressed on us should be addressed to the political branches of the government, the Congress and the Executive, and not to the courts.


So it seems that expanding the concept of patentable subject matter is within the judicial fiat, but restricting its scope is not. No wonder it continues to expand then.

2007-10-31

On Quine and Putnam's Indispensibility Argument

Confirmation and the Indispensability of Mathematics to Science

Susan Vineberg
Philosophy of Science, Vol. 63, No. 3, Supplement. Proceedings of the 1996 Biennial Meetings of the Philosophy of Science Association. Part I: Contributed Papers (Sep., 1996), pp. S256-S263

Abstract: Quine and Putnam argued for mathematical realism on the basis of the indispensability of mathematics to science. They claimed that the mathematics that is used in physical theories is confirmed along with those theories and that scientific realism entails mathematical realism. I argue here that current theories of confirmation suggest that mathematics does not receive empirical support simply in virtue of being a part of well confirmed scientific theories and that the reasons for adopting a realist view of scientific theories do not support realism about mathematical entities, despite the use of mathematics in formulating scientific theory.


Quine, Putnam, and the ‘Quine-Putnam’ indispensability argument

David Liggins

Abstract: Much recent discussion in the philosophy of mathematics has concerned the
indispensability argument – an argument which aims to establish the existence of
abstract mathematical objects through appealing to the role that mathematics plays in
empirical science. The indispensability argument is standardly attributed to W.V. Quine
and Hilary Putnam. In this paper, I show that this attribution is mistaken. Quine’s
argument for the existence of abstract mathematical objects differs from the argument
which many philosophers of mathematics ascribe to him. Contrary to appearances,
Putnam did not argue for the existence of abstract mathematical objects at all. I close by
suggesting that attention to Quine and Putnam’s writings reveals some neglected
arguments for platonism which may be superior to the indispensability argument.

2007-08-25

Hofstadter, p229

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"One could make the same opening statement on the "obviousness" of TNT's consistency as Imprudence did in regard to the Propositional Calculus, namely, that each rule embodies a reasoning priciple which we fully believe in, and therefore to question the consistency of TNT is to question our own sanity. To some extent this argument still carries weight - but not quite so much weight  as before. There are just too many rules of inference, and some of them just might be slightly 'off'. Furthermore, how do we know that this mental model we have of some abstract entities called "natural numbers" is actually a coherent construct? Perhaps our own thought processes, which we have tried to capture in the formal rules of the system, are themselves inconsistent!!It is of course not the kind of thing we expect, but it gets more and more conceivable that our thoughts might lead us astray, the more complex the subject matter gets..."

2007-05-14

On definitions

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From (Berlinghoff, 1968, 6-7). The quote is talking about he axiomatic method in mathematics, but it seems just as relevant to the process by which the judiciary (and legislature) come up with definitions:

In order to arrive at a common understanding and remove all ambiguity from future discussion it is necessary to define the words we use. The concept of definition involves the statement of a characteristic property; that is, if we are to define a word, we must state a condition such that,
  1. given any object whatsoever, we can determine whether or not that object satisfies the condition, and
  2. the word being defined is attached to an object if and only if it satisfies that condition.
What we are doing, essentially, is developing a system of name tags for ideas. Thus to "define" a word merely by giving a synonym is either meaningless or useless. If we do not know what the synonym means, we have no criterion by which to apply the name; if we do know what he synonym means, it is a perfectly good name for that idea and there is no need to confuse the issue by supplying another.

2007-05-06

Zotero & related things to do

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I've started using Zotero to manage my citations. Love the screen scraping, love the extensibility and so on. But there are still a few limitations as far as I can see. Here's what I'd like to see/implement:
  • SSRN translator
  • IPAC (Dynix Horizon Info Portal) translator
  • Make the Lexis translator work with the URLs I see (regexp change :)
  • OOo Integration (Perhaps refbase can show the way, or Bibus. Otherwise, CiteProc has some python bindings that might be able to do the job)
  • AGLC CSL style (I've started this one!)        

2007-05-03

Cases on software patents

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I'm clearing my desk, and found this list, which I'd much prefer to keep in electronic form...

United Kingdom
  • Rolls Royce's App
  • Badger Co
  • Gevers
  • Slee & Harris
  • Burrough's Corp
  • Re GEC
  • IBM
  • Merrill Lynch
  • IBM/Language Specification
  • Gales'
  • Wang Labs
  • Fujitsu
Australia
  • Telefon Ericsson
  • Phillips' App
  • IBM's App
  • BP's App
  • Texas Instruments' App
  • IBM
  • CCOM
  • Philips v Mirabella
  • Advanced Building v Ramset
  • Welcome v Catuity
  • Szabo [2005] APO 24
  • Grant v Commissioner for Patents (2005) FCA 1100
US Cases
  • Gottschalk v Benson
  • Parker v Flook
  • Freeman
  • Walter
  • Abele
  • Diehr
  • Iwahashi
  • Alappat
  • Warmerdam
  • Lowry
  • Trovato
  • Schrader
  • Beauregard
  • State Street
  • AT&T v Excel
  • Meyer
  • Johnston
  • Chakrabarty
Having read most of this list now, I can tell you that not all of them are strictly software patent cases, but have at least been used as references/authority in software patent cases.

2007-04-21

Rudyard Kipling

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If . . .



If you can keep your head when all about you,
Are losing theirs and blaming it on you,
If you can trust yourself when all men doubt you,
But make allowance for their doubting too;
If you can wait and not be tired by waiting,
Or being lied about, don't deal in lies,
Or being hated, don't give way to hating,
And yet don't look too good or talk too wise:

If you can dream and not make dreams your master;
If you can think and not make thoughts your aim;
If you can meet with Triumph and Disaster
And treat those two impostors just the same;
If you can bear the words you've spoken
Twisted by knaves to make a trap for fools,
Or watch the things you gave your life to, broken,
And stoop and build 'em up with worn-out tools:

If you can make one heap of all your winnings
And risk it on one turn of pitch-and-toss,
And lose, and start again at your beginnings
And never breathe a word about your loss;
If you can force your heart and nerve and sinew
To serve your turn long after they are gone,
And so hold on when there is nothing in you
Except the Will which says to them: "Hold on!"

If you can talk with crowds and keep your virtue,
Or walk with Kings -- nor lose the common touch,
If neither foes nor loving friends can hurt you,
If all men count with you, but none too much;
If you can fill the unforgiving minute
With sixty seconds worth of distance run,
Yours is the Earth and everything that's in it,
And -- which is more -- you'll be a man, my son!

W.H. Auden

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Stop all the clocks, cut off the telephone,
Prevent the dog from barking with a juicy bone,
Silence the pianos and with muffled drum
Bring out the coffin, let the mourners come.

Let aeroplanes circle moaning overhead
Scribbling on the sky the message He Is Dead,
Put crepe bows round the white necks of the public doves,
Let the traffic policemen wear black cotton gloves.

He was my North, my South, my East and West,
My working week and my Sunday rest,
My noon, my midnight, my talk, my song;
I thought that love would last for ever: I was wrong.

The stars are not wanted now: put out every one;
Pack up the moon and dismantle the sun;
Pour away the ocean and sweep up the wood.
For nothing now can ever come to any good.

2007-03-25

Kirby J on judicial activism (India)

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Look into this article

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It's from the late 1980s and talks about the functional and expressionist elements of software. The Broderbund quote in the last post came from this article.

On software, expression and creativity

Broderbund Software, Inc. v. Unison World, Inc., 648 F. Supp 1127, 1134 (N.D. Cal. 1986) ("The ... designer of any program that performed the same functions as `Print Shop' had available a wide range of expression governed predominantly by artistic ... considerations")

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2007-03-19

Grant resources

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