A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
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Penguin Jurisdiction Case
A federal judge has tossed a copyright case brought by Penguin Group USA Inc. against a Web site that posted Upton Sinclair's "Oil!" and several other Penguin works online, citing a lack of personal jurisdiction in New York.
Recent Internet Reports
Internet Typology: The Mobile Difference: Wireless Connectivity Has Drawn Many Users More Deeply into Digital Life
Pew Internet & American Life Project, March 25, 2009
http://pewresearch.org/pubs/1162/internet-typology-users-mobile-communication-devices
Freedom on the Net: A Global Assessment of Internet and Digital Media
Freedom House, April 1, 2009
http://www.freedomhouse.org/uploads/specialreports/NetFreedom2009/FreedomOnTheNet_FullReport.pdf
This publication includes country reports on Brazil, China, Cuba, Egypt, Estonia, Georgia, India, Iran, Kenya, Malaysia, Russia, South Africa, Tunisia, Turkey and the United Kingdom.
Internet Crime Report 2008
Internet Crime Complaint Center (IC3), March 2009
http://www.nw3c.org/downloads/2008_IC3_Annual%20Report_3_27_09_small.pdf
There is an FBI news release, March 30, 2009, at
http://www.fbi.gov/pressrel/pressrel09/internet033009.htm
INTELLECTUAL PROPERTY
Sinking the Copyright Pirates: Global Protection of Intellectual Property
Hearing before the U.S. House Committee on Foreign Affairs, April 6, 2009
http://foreignaffairs.house.gov/hearing_notice.asp?id=1065
For transcripts, please go to
http://foreignaffairs.house.gov/schedule.asp and scroll down.
The Office of U.S. Trade Representative Releases Summary of Anti-Counterfeiting Trade Agreement (ACTA) Negotiations
News release, Office of the U.S. Trade Representative (USTR), April 6, 2009
http://www.ustr.gov/Document_Library/Press_Releases/2009/April/The_Office_of_US_Trade_Representative_Releases_Summary_of_Anti-Counterfeiting_Trade_Agreement_(ACTA)_Negotiations.html
The summary is at
http://www.ustr.gov/assets/Document_Library/Fact_Sheets/2009/asset_upload_file917_15546.pdf
Research Tool
See www.icyte.com (an Australian invention)
Domain Names
You may wish to have a look at the following:
FAQs
jackass.com
pig.com
RBCDainRauscher.com
sonypitcures.com
vanmorrison.com
Panel Views
See also, UDRP Commentaries
Letter to ICANN
Proposed Changes to the Patent Act
Google and Trademarks
In a long-awaited opinion, the 2nd U.S. Circuit Court of Appeals ruled that Google must face a trademark infringement lawsuit for selling keywords that trigger ads.
The three-judge panel reversed a lower court's dismissal of Rescuecom v. Google, 06-4881, in which computer-repair company Rescuecom had claimed that users could be confused by links to competitors' ads that appear alongside Google search results for the company's trademarked name.
See
Rescuecom Corp. v. Google Inc., 2009 WL 875447 (2d Cir. April 3, 2009)
Jurisdiction
If you want to do some extra background reading, a recent case concerning The Secret documentary and book has both Interent and jurisdictional issues. It is more important for copyright law, but is an interesting diversion for Cyberlaw.
Background: The Australian
Australian Trial Judge Decision
Full Court of Federal Court Decision
US Lawsuit
Note regarding US decision on jurisdiction
Motion Judgment
Dan Hollings Case.
How should damages be assessed for privacy and cybersecurity breaches
Listen to this podcast where I discuss how damages should be assessed in privacy and cybersecurity lawsuits. The Lawyers Weekly Show host J...
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The United Nations intellectual property agency (WIPO) is the latest front in the US-China trade war. http://www.theage.com.au/world/sad-am...
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The issue of content regulation in China was mentioned in this blog last year . In the last few weeks, this issue has once again pushed into...
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Finally, what is called direct registration of domain names is coming to Australia. See https://www.auda.org.au/statement/australias-interne...