A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
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Last Class!
Free Speech on Twitter
From the NYTimes:
SAN FRANCISCO — What began as seamy gossip about an affair between a famous British soccer player and a reality TV star has quickly become another test over how far the rights to privacy and free speech extend online, where social media operate in countries with vastly different laws.
The soccer player has been granted a so-called super-injunction, a stringent and controversial British legal measure that prevents media outlets from identifying him, reporting on the story or even from revealing the existence of the court order itself.
But tens of thousands of Internet users have flouted the injunction by revealing his name on Twitter, Facebook and online soccer forums, sites that blur the definition of the press and are virtually impossible to police.
Last week, amid growing outrage in Britain over the use of super-injunctions, the athlete obtained a court order in British High Court demanding that Twitter reveal the identities of the anonymous users who had posted the messages. A Twitter spokesman, Matt Graves, said the company could not comment on the court order or how it planned to respond.
Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said, “It’s really going to the core of Twitter’s service and trying to balance the speech of its users and the fact that countries have different laws and norms about speech.”
Online contracting, creation of websites
What impact does the Electronic Transactions Act have on e-commerce / online contracting?
In this area you should also look at:
the Queensland legislation
UNCITRAL Model
UN Convention
Standard forms of agreement
Website terms of use - look at a few examples including Great South East; Microsoft. What are the common clauses? Anything strange? What impact does Unfair Contracts legislation have on these contracts?
Click wrap v Shrink wrap - what are the differences?
Case summaries
Setting up a website
What should you be aware of (having regarding to previous lectures)?
Rogue Websites
Week 10 - Copyright
International treaties - Berne Convention
The law in Australia - Copyright Act, and amendments related to the internet - Computer Programs Act 1999, Digital Agenda Act 2000, US Free Trade 2004
Australian Cases - piracy and copyright
Kazaa
MP3s4free
Stevens v Sony
Newspaper headlines
iiNet
US Cases
Napster
Grokster
Limewire
YouTube
UK
Newzbin
Policy Issues
Balancing interests of copyright owner and users - Electronic Frontiers Australia
Licensing through Creative Commons
End of Voluntary Internet Filtering Program in Australia
THE Gillard government will scrap its voluntary internet filtering grants program to save $9.6 million over three years.
A combination of reasons led to the decision, including moves by Telstra, Optus and Primus to voluntarily block child abuse websites.
"Consultation with industry has identified limited interest in the grants due to the increasing range of filtering technologies readily available to online users, including browser and search engine filters," the government says in the 2011-12 budget papers.
"Savings from this measure will be redirected to support other government priorities."
Labor intends to introduce mandatory ISP internet filtering -- a policy championed by Communications Minister Stephen Conroy -- once a government review is completed.
Treasurer Wayne Swan's fourth budget today is aimed at delivering $22 billion in savings to meet the government's surplus target in 2012-13.
Google News - Copyright Violation in Belgium
Competition Law Issues
Michael Laufert, working with the ABA Communication and Digital Technologies Industries Committee, has put together a website devoted to antitrust and collaboration issues facing tech industries. Common topics are patent pooling, standard setting and the like. His site, "Collaboration and Competition in Technology," is available at the link below or through CDTI's page on the Section's website:
http://apps.americanbar.org/dch/comadd.cfm?com=AT328100&pg=1
Data theft
Week 9 - Domain Name Disputes and Cybersquatting
Dispute resolution
What are the 3 elements of a UDRP proceeding?
Is the auDRP identical?
UDRP process
Read the case of
Read the cases of
Discussion
For this lecture, everyone should be prepared to discuss one case with the rest of the class - search here, or for interesting issues and WIPO's preferred views, here
What are the advantages and disadvantages of the UDRP/auDRP process?
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...