See Part II of Greenleaf 1998
 Barlow 1993
 'Digital works' is used loosely in this article to refer to any digital artefact that could be the subject of copyright, including both 'works' (literary, dramatic, artistic and musical) and other subject matter (films, sound recordings etc).
 `Code Replacing Law: Intellectual Property' in Lessig 1998
 One list of famous quotes adds `Among others. No telling who really said this first.' - <http://world.std.com/~tob/quotes.htm> (visited 15/10/98). However, John Perry Barlow insists (though he still doesn't give a source) that the full version of Brand's quote is: 'Information wants to be free -- because it is now so easy to copy and distribute casually -- and information wants to be expensive -- because in an Information Age, nothing is so valuable as the right information at the right time.' (Barlow, in an Atlantic Monthly Roundtable - at <http://www.theatlantic.com/unbound/forum/copyright/barlow2.htm>). I'll stick to my imaginary version.
 See Bygrave and Koelman [5.2] for examples.
 Bygrave and Koelman emphasise this a little too much in Chapter 5.
 Kelly 1997
 Lemos 1999
 For Microsoft's own confessions, see <http://www.microsoft.com/presspass/features/1999/03-08custletter2.htm>
 For extensive technical papers on various technologies, see Coalition for Networked Information (1994)
 This summary draws on discussions in from the following articles: Clarke and Dempsey 1999; Stefik 1997; Cohen 1997a; IFRRO
 For example, works protected by Softlock are freely copyable and partially readable 'demos', but become full-featured once a password is purchased. They automatically revert to demos when copied to another machine. Softlock's advertisement says: 'turn pirates into distributors.' - see <http://www.awa.com/softlock/slhome.html>
 See Cox 1994
 Mann 1998
 Australia's Cultural Network site - at <http://www.acn.net.au/resources/ip/ecms.htm>
 Imprimatur <http://www.imprimatur.alcs.co.uk/> (visited 15/9/98).
 Bygrave and Koelman 1998
 Bygrave and Koelman at p3.
 Bygrave and Koelman at p7.
 Gervais 1998
 Dublin Core, US MARC, INDECS Project, Stanford Digital Library Metadata Architecture, BIBLINK/NEDLIB
 L Lessig 1998, at `Code Replacing Law: Intellectual Property'. Lessig also notes extensive argument in the USA as to whether "the fair use exceptions to copyright protection are not affirmative rights against the copyright holder, but instead the consequence of not being able to efficiently meter usage. Once that technical limitation is erased, then so to would the fair use rights be erased".
 L Lessig 1998, at `Code Replacing Law: Contracts'.
 Australia's Cultural Network 'Electronic copyright management systems: what are they? ' - at http://www.acn.net.au/resources/ip/ecms.htm (visited 16/6/1999)
 <http://www.copyright.com/ >
 Propagate is at <http://www.propagate.net/>. The model used by Propagate (see <http://www.propagate.net/models.html>), when fully developed, `has the potential to become a standard in its own right and to be directly implemented in software'. Propagate's objectives are stated to be: `Propagate is a project to develop through industry, government and community based consensus a generally applicable conceptual model that describes a flexible system for the trading of intellectual property through the World Wide Web. The model will be propagated through stakeholders who participate in the evolution of the model. The Propagate Conceptual Model will be comprehensive, distributed, component based developed through a process of consensus with all the stakeholders, be they creators, agents, collecting societies, distributors, publishers or end users. It will be media, asset, and channel neutral to allow for flexibility, adaptability and growth. It may be deployed as a specification, discrete application or as an API to an existing application.' - <http://www.propagate.net/project/objectives.html> (visited 15/9/98).
 See Commonwealth Attorney-General's Discussion Paper The Digital Agenda `Part 5 - Proposed scheme for new technological measures and rights management information provisions' - <http://law.gov.au/publications/digital.htm#anchor1565870>. See als Speech by Attorney-General Daryl Williams 'Copyright and the Internet: New Government reforms' para 35, 30 April 1998, Murdoch University - <http://law.gov.au/articles/copyright_internet.html>.
 Proposed European Commission (EC) Directive on the harmonisation of certain aspects of copyright and related rights in the Information Society - see Article 6
 Section 116A(1) sets out the scope of the right:
116A Importation or making of circumvention device(1) Subject to subsection (2), this section applies if: (a) a work or other subject matter is protected by effective technological protection measures; and (b) a person does any of the following things without the permission of the owner of the copyright in the work or other subject-matter: (i) makes a circumvention device capable of circumventing, or facilitating the circumvention of, those measures; (ii) imports any such circumvention device into Australia for a purpose of the kind referred to in section 37; (iii) does an act of the kind referred to in subsection 38(1) in relation to any such circumvention device; and (c) the person knew, or was reckless as to whether, the device would be used: (i) to circumvent, or facilitate the circumvention of, the effective technological protection measure; and (ii) for the purpose of infringing the copyright in the work or other subject-matter.
circumvention device means a device having only a limited commercially significant purpose or use other than the circumvention, or facilitating the circumvention, of any effective technological protection measures.
circumvention service means a service, the performance of which has only a limited commercially significant purpose other than the circumvention, or facilitating the circumvention, of any effective technological protection measures.
technological protection measure means a device or product designed to prevent or inhibit the infringement of copyright subsisting in any work or other subject-matter.
effective technological protection measure has the meaning given by subsection (5). s10 (5) For the purposes of this Act, a technological protection measure is taken to be effective only if access to the work or other subject-matter protected by the measure is available solely by use of an access code or process (including decryption, descrambling or other transformation of the work or subject-matter) with the authority of the owner of the copyright in the work or subject-matter.
 See s116A(1)(c)(ii)
 Compare Cohen 1996 Part V 'The First Amendment Case Against the Porposed Anti-Tampering Law'
 The Robot Exclusion Protocol is observed voluntarily by most commercial web spiders - see A Standard for Robot Exclusion - <http://info.webcrawler.com/mak/projects/robots/exclusion.html>, and `A Method for Web Robots Control' (an `Internet Draft', a working documents of the Internet Engineering Task Force, 1996, expired June 1997) - <http://info.webcrawler.com/mak/projects/robots/norobots-rfc.html> (visited 14/9/98). Site administrators have the technical capacity to exclude specific robots from their site compulsority if they do not obey the Protocol.
 s132(5D) provides:
(5D) A person must not remove or alter any electronic rights management information attached to a copy of a work or other subject-matter in which copyright subsists, except with the permission of the owner of the copyright, if the person knows, or is reckless as to whether, the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright in the work or other subject-matter.Though the Australian provision conjoins (a)(i) and (a) (ii) with 'and', not 'or'.
 s10 provides:
electronic rights management information means: (a) information attached to a copy of a work or other subject-matter that: (i) identifies the work or subject-matter, and its author or copyright owner; and (ii) identifies or indicates some or all of the terms and conditions on which the work or subject-matter may be used, or indicates that the use of the work or subject-matter is subject to terms or conditions; and (b) any numbers or codes that represent such information in digital form.
 See US Code Sec 1202 Integrity of copyright management information, providing that 'copyright management information' includes 'terms and conditions for use of the work' and 'such other information as the Registrar of Copyrights may prescribe by regulation, except that the Registrar of Copyrights may not require the provision of any information concerning the user of a copyright work'.
 Bygrave and Koelman at p53
 Cohen 1996
 Terry Fisher stresses that compulsory terms in contracts are not at all unusual in the USA., and proposes a set of such compulsory contractual terms for contracts concerning intellectual property rights: see Fisher 1998
 Greenleaf 1996
 Bygrave and Koelman at p14
 See Greenleaf 1998, Part F 'Stopping Searching - Robot Exclusion Standards' for discussion.
 For discussion, see Bygrave and Koelman at p16-, also p 27
 Article 29 Commmittee 1999a
 See Greenleaf 1998
 Bygrave and Koelman p23
 Article 2 of the Information and Communications Services Act of 1997 - see references above.
 `s4(1) The provider shall offer the user anonymous use and payment of teleservices or use and payment under a pseudonym to the extent technically feasible and reasonable. The user shall be informed about these options.'
 Australian Privacy Charter Council (1994) Australian Privacy Charter - at <http://www.anu.edu.au/people/Roger.Clarke/DV/PrivacyCharter.html>, and explanatory material at <http://www.anu.edu.au/people/Roger.Clarke/DV/PrivChHist.html> (visited 14/9/98).
 <http://www.privacy.gov.au/news/p6_4_1.html> (visited 14/9/98).
61 Data Protection Bill - Introduction Print (Victorian Parliament) - at <http://www.dms.dpc.vic.gov.au/pdocs/bills/B00488/index.html>; for commentary see Greenleaf 1999
 Article 29 Committee 1997a
 For the importance of this distinction, see Clarke 1999 and Smith and Clarke 1999
 See Bygrave and Koelman pgs 29-31 for detailed analysis.
 Transatlantic Consumer Dialogue (TACD) Meeting 23-24 April 1999, Brussels Recommendations on Electronic Commerce Recommendation 2.: 'Privacy. There are important conflicts between privacy and certain technologies that protect copyrighted materials. Privacy is a social good. Society should avoid mechanisms to protect copyright that are unreasonable intrusions on personal privacy, particularly when less intrusive mechanisms are technologically feasible.' (see <http://www.tacd.org/>)