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The Cyberspace Law and Policy Series 2003

Short Continuing Legal Education conference

Digital Copyright and Software Licensing Update

Date: 5 December 2003, morning
Grace Hotel, Sydney

Registration form and pamphlet [PDF]

About the conference

Digital copyright issues have particular application to the software licensing area. A number of recent developments and trends have made this a more complex legal terrain.

This short Continuing Legal Education conference is an update on these developments for lawyers, in-house legal counsel and senior executives responsible for advising on purchasing, development and risk management in the software licensing and related digital copyright areas.

Over a half day it will cover a range of topical areas:

      • The impact of the new parallel importation regime on software licensing
      • Copyright in databases after the High Court's Telstra v. DTMS decision.
      • Challenges in dealing with the choice between "Open Source" and "proprietary" (sometimes called "lock in") software
      • Hybrid licensing situations: when "Open Source" and "proprietary" software can and can't co-exist
      • S.47B, "normal use", Sony v Stevens and other copyright issues

    (Due to the ongoing nature of the Digital Agenda review, we are not covering possible changes to the Digital Agenda Act until recommendations or changes are introduced in 2004.)

MCLE Units: half day, 3 units.


Thursday 5 December 2003 - Morning

9:00 am Introduction from the chair, David Vaile, executive director of the Centre

9:10 am Impact of parallel import regime on software

Derek Neve, partner in the Intellectual Property Group, Baker and McKenzie

Challenges and opportunities thrown up by the new parallel import regime for software and other digital assets.

9:55 Copyright in databases after Telstra v. DTMS in High Court

Libby Baulch, chief executive, Australian Copyright Council

The recent Telstra v. DTMS case has implications for copyright over content in digital databases, with potential to affect a wide range of participants in e-commerce and e-business.

10:40 Morning Tea

11:00 Challenges of working with 'Open Source' and 'Lock In' software

Brendan Scott, director, Open Source Law

  • Why open source? Some examples of Open Source licences
  • Open Standards
  • Issues with Open Source adoption

11:45 S.47B, 'normal use', Sony v Stevens

John MacPhail, senior lawyer in the Intellectual Property Group, Baker and McKenzie

A range of digital copyright issues affected by recent cases and developments.

12:30 pm Close


Date: 5 December 2003, morning

Venue: Grace Hotel, 77 York Street (corner King Street) Sydney


Half Day - $352.00. GST Inclusive

Course fees include tuition, materials, and refreshments.

** Specials **
Postgraduate or undergraduate students, the unemployed, and community legal centre staff will receive a 25% discount on the normal fee charged for attending the event. Please indicate on the forms or during registration your status, and attach documentation.


Payment options accepted include Mastercard, Visa and Bankcard and cheques to be made out to "CLE".

This is one of four short events over two days. You can registerfor one or more of these as CLE using one of the following options:-

Option 1

Download and print the Registration form [PDF], fill out the relevant details and send it into CLE.

Please address the mail to:

Faculty of Law, UNSW
Sydney NSW 2052

Or fax to (02) 9385 1155. (Note new fax number - the one on the printed form is incorrect.)

Option 2

Send an email to CLE (cle [at] unsw.edu.au), and include in the subject line 'Software Licensing'.

Please include the following details in the body of the email:

  • Your Title and Name
  • Firm or Organisation
  • Occupation
  • Address
  • Telephone
  • Fax
  • Email
  • Payment details
    • Type of Credit Card <Mastercard, Visa or Bankcard>
    • Card Number
    • Expiry Date
    • Cardholder's name

Option 3

Call Robyn or Lisa at NSW CLE office on (02) 9385 2267 or (02) 9385 2195 and book by phone.

NB: For queries about the event's content, contact David on (02) 9385 3589 or Bridget on (02) 9385 3777.

For queries about enrolment in the LAWS 5238 postgraduate course which includes this conference, see the course page and Kerrie Daley.

About CLE The CLE programme is an important link between the Law School at UNSW and the professional community. The programme consists of a series of quality short courses assisting lawyers, accountants, financial planners, executives and other professionals whose work demands up-to-date knowledge of, and skills in, the relevant areas.

Mandatory CLE Units NSW solicitors who find our programmes relevant to their immediate or long term needs in relation to their professional development and practice of law may claim MCLE units for their attendance at the seminars.

Postgraduate Credit - this conference can be combined with three others and a research essay to form part of LAWS 5238 a postgraduate elective course worth 4 units. See the Course page.

About the Cyberspace Law and Policy Centre - The centre, established within the Faculty of Law at UNSW, provides a focus for research, public interest advocacy and education on issues of law and policy concerning digital transactions in cyberspace. Baker & McKenzie (http://www.bakernet.com) are the founding supporters of the Centre.

About the Cyberspace Law and Policy Series - The Centre is hosting a series of events examining the public interest in cyberspace legal and policy issues, and some practical workshops on related legal procedure. The series includes both Continuing Legal Education conferences and workshops, and Symposia which bring together policy makers and legal and technical experts for round table discussions.

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URL: http://www.CyberlawCentre.org/2003/cle_licensing.htm