Brendan Scott's Publications


Recent papers:

Open Source and the IT Deficit (PDF)

SuperCharging Innovation - Software Access Regime Draft White Paper (PDF)

Lock In Software

Four Free Software Fallacies

Why Free Software's Long Run TCO must be Lower 


Prime Minister's Community Business Partnership Public Request for New Ideas in Relation to Encouraging Philanthropy August 03

Advisory Council on Intellectual Property: Patenting of Business Systems October 2002

Senate Judiciary Committee (US) Protecting Works in the Digital Age  22 April 2002

Senate Legal and Constitutional Committee (Cybercrime Bill 2001)

Submission to Standing Committee on Social Issues (NSW) in relation to Classification (Publications, Films and Computer Games) Enforcement Amendment Bill 2002

Attorney General NSW (Crimes Act (Cybercrime) Amendment Bill 2001) 2001

Office of Film and Literature Classification Inquiry into rating of Computer Games 31 October 2001

South Australia Senate Select Committee re Internet Censorship Bill 29 June 2001

Other Publications

I’ve written a number of papers on various areas relating to law. Most of these have been published on the site of Gilbert + Tobin. I have been known for my criticism of some Australian legislation relating to censor the internet. I have published a shyteload of articles mostly on issues relating to the internet and the law - ecommerce, copyright on the net, electronic bill payment, electronic document management, digital signatures, PKI, cybercrime, internet censorship etc etc.

If you're interested, my various papers are available from these links.  I would be grateful if you have any thoughts or comments on any of these papers (see below):

History of Copyright and Problems for Copyright Going Forward (aka Copyright in a Frictionless World).  I have written a more considered review of copyright law which was published on First Monday in September 2001. That paper is called Copyright in a Frictionless World (same link as earlier) and argues that copyright owners should pursue a rhetoric of responsibility rather than one of rights in the internet age.  This paper is quite long, but each of its parts is readily digestible.

Some of my wisdom has been quoted in Australian Personal Computer (in relation to Internet Censorship) and (in relation to monitoring in the workplace sometime June 2000 ish, but the buggers at don't seem to have the material available online - I will see if I have my original email).

Delivery of Legal Information over the Web.   This paper was presented at the "Standards and Issues in Electronic Publication and Dissemination of Legal Information" conference held at the College of Law in Sydney on 5 April 1997.

In relation to all of these things I welcome any thoughts or comments you have on what I have written. Email me if you have any - but remember to remove the "NS" from the front of this address (it's to reduce the spam I receive).