tag:blogger.com,1999:blog-11089964.comments2024-02-28T18:49:06.144+10:00CyberlawJohn Swinsonhttp://www.blogger.com/profile/05828283754031385550noreply@blogger.comBlogger195125tag:blogger.com,1999:blog-11089964.post-72220877043453839802014-05-18T11:07:12.674+10:002014-05-18T11:07:12.674+10:00Interesting that you could potentially upload a vi...Interesting that you could potentially upload a video to YouTube where a song or movie is playing in the background. You may be breaching copy-write laws by uploading the video and subsequently distributing the protected media. But how many people would this actually occur to. Anonymoushttps://www.blogger.com/profile/06564187550972904517noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-44469710437797919312014-04-27T08:45:42.437+10:002014-04-27T08:45:42.437+10:00Maybe the idea that a person can sing a song and r...Maybe the idea that a person can sing a song and receive a dollar every time someone listens to it is absurd anyway. I would argue that copy-writes protect the interests of records companies (in the example of music)and are of little benefit to the consumer. Look at the quality of music that is produced and is available on the charts. We listen to what the record companies put in front of us. If we took the record companies out of the equation we wold have people producing music that are in it because they passionate about it and could still make a good living out of advertising, sponsorships, and some purchases etc. That music would become popular based purely on consumer preferences rather than multi-million dollar marketing campaigns. <br /><br />Singing songs should not make anyone a billionaire. Anonymoushttps://www.blogger.com/profile/06564187550972904517noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-54891714418298477012014-04-15T09:36:48.461+10:002014-04-15T09:36:48.461+10:00The American first amendment seems to feature heav...The American first amendment seems to feature heavily in many discussions about the future of the internet. Anonymoushttps://www.blogger.com/profile/06564187550972904517noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-88746295561288517572014-04-15T08:02:57.742+10:002014-04-15T08:02:57.742+10:00It's pretty cool how you can see the links bet...It's pretty cool how you can see the links between the courts in the hierarchy. Anonymoushttps://www.blogger.com/profile/06564187550972904517noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-38539745616285329482014-04-02T12:30:21.940+10:002014-04-02T12:30:21.940+10:00The issue I have with cloud computing is internet ...The issue I have with cloud computing is internet speeds. ADSL isn't available in all paces, I have an 8gb per month wireless broadband service. I cant be uploading and downloading info from a cloud all month. Anonymoushttps://www.blogger.com/profile/06564187550972904517noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-24995960061507461642014-03-23T11:57:07.808+10:002014-03-23T11:57:07.808+10:00I thought that domain names had to end in one of a...I thought that domain names had to end in one of a only five or so text combinations like .net, .gov, .org etc. Is this the release of a whole bunch more?Anonymoushttps://www.blogger.com/profile/06564187550972904517noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-54605949704879200092014-03-15T12:20:27.896+10:002014-03-15T12:20:27.896+10:00I think that these days the average person is acut...I think that these days the average person is acutely aware of the difference between a collection of letters, symbols and/or numbers being arranged in one way and being arranged in another way, being added to or subtracted from. <br /><br />Generally people understand that a password may for example, be required to have a mix of uppercase, lowercase and characters. Would a reasonable person be mislead by the insertion of the number "1" after the word "realestate"? <br /><br />You can email me at Brad75@email.com, would you be likely to confuse me with Brad76@email.com, or would you be more likely to realise the two addresses are different and confirm which one you should be using?<br /><br />The trademark infringement makes sense. Anonymoushttps://www.blogger.com/profile/06564187550972904517noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-65019069516799313062014-03-15T11:54:16.475+10:002014-03-15T11:54:16.475+10:00The astute observer might notice the current Austr...The astute observer might notice the current Australian governments tilt toward reducing the public service, commercialism and outsourcing. All of which is likely to result in increased requirements for contract management, procurement, dispute management, leasing, property management etc. <br /><br />These things aren't necessarily the work of a lawyer but a person with a law degree could find a lucrative, alternative career path in these areas. Anonymoushttps://www.blogger.com/profile/06564187550972904517noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-6667501954324339212014-03-09T13:39:15.129+10:002014-03-09T13:39:15.129+10:00The Kim Doctom/Megaupload case is an interesting e...The Kim Doctom/Megaupload case is an interesting example of an intermediary with contacts in jurisdictions other than that of the server facing copywrite issues in those other jurisdictions:<br /><br />http://arstechnica.com/tech-policy/2013/12/us-unveils-the-case-against-kim-dotcom-revealing-e-mails-and-financial-data/<br /><br /> Anonymoushttps://www.blogger.com/profile/06564187550972904517noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-20713918679840369202014-03-05T09:59:43.595+10:002014-03-05T09:59:43.595+10:00@Alex
Looks like there are three options. Crowd-f...@Alex<br /><br />Looks like there are three options. Crowd-funding, private or public development. <br /><br />Austlii dominates the public funding in the space and probably won't yield or upgrade for a while. <br /><br />Casebase or Firstpoint could be upgraded with a similar schema approach, but I don't think the publishers are really prepared to spend the money. <br /><br />You could try and see a crowd-funding approach, the cost of developing a schema would not be high, but the content may be difficult to get - let alone the fact that you would need someone to do the checking on the legal side. <br /><br />Australia is probably too small a market for this type of innovation. Alex Stewarthttps://www.blogger.com/profile/01106360444404000572noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-62913690504609864552014-03-05T09:51:28.234+10:002014-03-05T09:51:28.234+10:00This comment has been removed by the author.Alex Stewarthttps://www.blogger.com/profile/01106360444404000572noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-84731440133641432782014-03-04T20:37:11.779+10:002014-03-04T20:37:11.779+10:00This looks like a great legal research engine but ...This looks like a great legal research engine but only if your looking for american material.<br /><br />The visualisation showing connections between cases or showing materials by year looks like a useful tool.<br /><br />How do we get this website for Australian materials?Alex Nelsonhttps://www.blogger.com/profile/09403899262147405992noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-9745438390848687482014-03-03T09:33:55.642+10:002014-03-03T09:33:55.642+10:009 Signatures
(1) If, under a law of this jurisdict...9 Signatures<br />(1) If, under a law of this jurisdiction, the signature of a person is required, that requirement is taken to have been met in relation to an electronic communication if—<br /><br /> (a) a method is used to identify the person and to indicate the person's intention in respect of the information communicated; and<br /> (b) the method used was either—<br /> (i) as reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement; or<br /><br />Its comforting here that that "any relevant agreement" is mentioned. So in a contract management environment provision relating to claims or excusing causes for instance that require certain conditions precedent and formalities related to writing are saved. <br /><br />Anonymoushttps://www.blogger.com/profile/06564187550972904517noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-8547078462339647662014-03-02T13:24:37.500+10:002014-03-02T13:24:37.500+10:00This comment has been removed by the author.Anonymoushttps://www.blogger.com/profile/06564187550972904517noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-28138824440807570152012-10-02T04:46:44.934+10:002012-10-02T04:46:44.934+10:00Thanks for the link to the article! This is makin...Thanks for the link to the article! This is making the jobs that I do so much more complicated. The <a href="http://www.penguinwatch.com/" rel="nofollow">Penguin Google</a> update, while making local and organic search the priority, has bumped the normal results around, making it harder to find some older sites that were ranked high earlier. Anonymoushttps://www.blogger.com/profile/01757048091754784296noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-89447178741062261582012-05-31T14:02:02.206+10:002012-05-31T14:02:02.206+10:00I commented in class about a case similar to Optus...I commented in class about a case similar to Optus's TV Now service which used tiny antennas. The court case has finally started: http://arstechnica.com/tech-policy/2012/05/broadcasters-finally-tell-a-judge-aereos-business-violates-copyright/dennyhttps://www.blogger.com/profile/12419741961978764972noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-10124141369298443722012-05-01T12:46:20.463+10:002012-05-01T12:46:20.463+10:00Nice little article on NYTimes about the Newark Nu...Nice little article on NYTimes about the Newark Nut Company and the challenges they faced in purchasing Nuts.com and transitioning from their old domain NutsOnline.com <br /><br />http://www.nytimes.com/2012/04/26/business/smallbusiness/newark-nut-company-buys-a-perfect-domain-name-yet-sales-suffer.html?_r=1&%3FWT.mc_id=+BU-D-E-AD-OB-TXT-BUS-ROS-0412-NA&WT.mc_ev=clickJames Condonhttps://www.blogger.com/profile/11610303657858619606noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-17929546055467024692012-04-30T15:10:28.524+10:002012-04-30T15:10:28.524+10:00Interesting Statistics from WIPO
"In 2011, t...Interesting Statistics from WIPO<br /><br />"In 2011, trademark holders filed a record 2,764 cybersquatting cases covering 4,781 domain names with the WIPO Arbitration and Mediation Center (WIPO Center) under procedures based on the Uniform Domain Name Dispute Resolution Policy (UDRP), an increase of 2.5% and 9.4% over the previous highest levels in 2010 and 2009, respectively." <br /><br />online at:http://www.wipo.int/pressroom/en/articles/2012/article_0002.htmlVictorhttps://www.blogger.com/profile/08763905042685770748noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-70461407709298328282012-04-28T15:06:49.922+10:002012-04-28T15:06:49.922+10:00This article demonstrates the practical impact of ...<a href="http://arstechnica.com/tech-policy/news/2012/04/yahoo-accuses-facebook-of-being-mean-and-dealing-with-dirty-patent-trolls.ars" rel="nofollow">This article</a> demonstrates the practical impact of the current law which allows companies to purchase patents from patent trolls as offensive/defensive legal manoeuvres rather than with any interest to the implementation of the technology patented. I believe the effects of this are both that more things are patented than is required (creating a dead-weight economic loss due to increased perception of potential infringement) and more litigation is sought purely as rent seeking by non-productive patent troll companies. <br /><br />I appreciate John's argument that legal holding companies provide a market/clearinghouse for patents and I believe that function could continue without allowing the holding companies themselves to sue for infringement, though this would obviously impact the underlying value of the patents to non-development entities.dennyhttps://www.blogger.com/profile/12419741961978764972noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-68172116555467012142012-04-26T10:48:34.613+10:002012-04-26T10:48:34.613+10:00My feelings on patents are mixed. I have no proble...My feelings on patents are mixed. I have no problem with the awarding of software patents or e-commerce related patents. What I feel is wrong with the current patent system is that it allows the holding of patents by companies who never exploit the patent. I feel we should move to a system whereby you can only sue for patent infringement if you currently produce a product or provide a service that exploits that patent.dennyhttps://www.blogger.com/profile/12419741961978764972noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-42136293866425176602012-04-26T10:48:04.131+10:002012-04-26T10:48:04.131+10:00My feelings on patents are mixed. I have no proble...My feelings on patents are mixed. I have no problem with the awarding of software patents or e-commerce related patents. What I feel is wrong with the current patent system is that it allows the holding of patents by companies who never exploit the patent. I feel we should move to a system whereby you can only sue for patent infringement if you currently produce a product or provide a service that exploits that patent.dennyhttps://www.blogger.com/profile/12419741961978764972noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-21624005552172171272012-04-25T10:31:20.708+10:002012-04-25T10:31:20.708+10:00The Grant patent basically covered an asset protec...The Grant patent basically covered an asset protection method by means of incorporating a trust, transferring assets into the trust, then re-granting them to the trustor/beneficiary under a charge.<br /><br />Branson J in Grant v Commissioner of Patents <a href="http://www.austlii.edu.au/au/cases/cth/FCA/2005/1100.html" rel="nofollow">[2005] FCA 1100</a> declined to accept the patent application in that case partly on the grounds that granting the patent was not in the public interest:<br /><br /><i>A court of law must assume that the performance of the invention will not advance the public interest but merely advance private interests. The social cost of conferring on the invention the protection of a patent would therefore not be counterbalanced by any resultant benefit to the public.</i> (at 22)<br /><br />The Full Court (citation per David), being Heerey, Kiefel and Bennett JJ, said that this was incorrect, but found against Grant again. However, their approach implied a "physicality" requirement:<br /><br /><i>A physical effect in the sense of a concrete effect or phenomenon or manifestation or transformation is required. In NRDC, an artificial effect was physically created on the land. In Catuity and CCOM as in State Street and AT&T, there was a component that was physically affected or a change in state or information in a part of a machine. These can all be regarded as physical effects. By contrast, the alleged invention is a mere scheme, an abstract idea, mere intellectual information, which has never been held to be patentable, despite the existence of such schemes over many years of the development of the principles that apply to manner of manufacture. There is no physical consequence at all.</i> (at 32)<br /><br />This has been criticised (by Ben McEniery... at enormous length) as their is no explicit physicality requirement in NRDC, Welcome Real Time v Catuity, or indeed most of the case law prior to Grant. Indeed, in some cases where it may have been material, the bench declined to specify such a requirement.<br /><br />P.M. Spann, Deputy Commissioner for Patents, also appears to be trending towards a physicality requirement (Iowa Lottery as above, also Invention Pathways <a href="http://www.austlii.edu.au/au/cases/cth/APO/2010/10.html" rel="nofollow">[2010] APO 10</a>. This approach has not (as far as I'm aware) been challenged in court yet.Ray Marshallhttps://www.blogger.com/profile/17330343587917156763noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-79651091064304932402012-04-24T12:19:00.460+10:002012-04-24T12:19:00.460+10:00The citation for Grant: [2006] FCAFC 120
Monotti...The citation for <i>Grant</i>: <a href="http://www.austlii.edu.au/au/cases/cth/FCAFC/2006/120.html" rel="nofollow"> [2006] FCAFC 120</a><br /><br />Monotti <a href="http://www.austlii.edu.au/au/journals/FedLawRw/2006/17.html" rel="nofollow"> [2006] FedLawRw 17</a> has a detailed history of that case.David Litfinhttps://www.blogger.com/profile/17455663152776531342noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-71935418446658841552012-04-24T11:28:28.243+10:002012-04-24T11:28:28.243+10:00As the 9 April Microsoft $1.06b purchase of AOL pa...As the 9 April Microsoft $1.06b purchase of AOL patents was discussed in class: It's worth noting that Microsoft yesterday (23 April) sold 650 of those Patents to facebook and licensed to them the other 275 for $550m.David Litfinhttps://www.blogger.com/profile/17455663152776531342noreply@blogger.comtag:blogger.com,1999:blog-11089964.post-23160238135352190002012-04-24T11:20:26.186+10:002012-04-24T11:20:26.186+10:00It is a 'shame' that the revenge porn webs...It is a 'shame' that the revenge porn website IsAnyoneUp.com was voluntarily shut down last week. http://www.bbc.com/news/technology-17784229<br /><br />They would have been ripe for some sort of intermediary liability. Although they were careful to ensure the photo's uploaded were owned by the uploaders; it appears they were inducing what is now regarded as criminal act (at least in Australia and NZ).David Litfinhttps://www.blogger.com/profile/17455663152776531342noreply@blogger.com