"The FLIR decision is a reminder to employers to be cautious when determining to bring a lawsuit against former employees for trade secret misappropriation. California courts may not tolerate the filing of misappropriation claims where it appears the employer is merely fearful or suspicious of wrongdoing. In such cases, the employer plaintiff risks not only a dismissal of its claims but the possibility of being sanctioned for bringing the action. "
FLIR Systems v. Parrish
A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
Adsense HTML
Apple and Protection of Trade Secrets
From the NY Times
"The local police bureau declined to answer questions about the case. But reports of the apparent suicide have set off a firestorm of criticism of Foxconn’s treatment of Mr. Sun, labor conditions at its factories and the pressures Apple places on suppliers to abide by the culture of secrecy that surrounds its development of new products.
"The local police bureau declined to answer questions about the case. But reports of the apparent suicide have set off a firestorm of criticism of Foxconn’s treatment of Mr. Sun, labor conditions at its factories and the pressures Apple places on suppliers to abide by the culture of secrecy that surrounds its development of new products.
The case also underscores the challenges that global companies face in trying to safeguard their designs and intellectual property in the hotly contested smartphone market, particularly here in the southern Chinese city of Shenzhen, an electronics manufacturing center known for piracy and counterfeiting."
http://www.nytimes.com/2009/07/27/technology/companies/27apple.html
eBay & French Court Decision
In June 2008, the Paris Commercial Court had ordered eBay to pay damages of 38.6 million Euros to the luxury group LVMH, ruling that the auction sales platform, as a broker, was liable under ordinary law as result of the sale of infringing products on its platform. On 13 May 2009, the Paris Civil Court ruled the opposite in favor of eBay. In this case, L'Oréal claimed eBay should not benefit from the hosting provider protective status under French law, as its activities went beyond a mere technical hosting service. eBay argued, however, it merely hosted items put up for sale by users of its auction sales platform, and therefore had no general monitoring obligation.
In its judgment of 13 May 2009, the Court ruled that eBay's activity consisting in storing the listings prepared by vendors and making them available online was a hosting activity, benefiting from the hosting provider protective status. Yet, the Court suggested that the parties had recourse to judicial mediation, in order to cooperate and agree on measures to be implemented to put an end to the sale of counterfeit products on the auction sales platform. With regard to eBay's advertising activities, the Court considered that the platform could not benefit from the hosting provider protective status, since its role was no longer passive, and such activities were not essential to the hosting activity. The Court nevertheless held eBay not liable, since L'Oréal did not clearly establish the alleged infringement.
Paris Civil Court, 13 May 2009
Source: T LAW ALERT - No. 2009/03 - GIDE LOYRETTE NOUEL A.A.R.P.I.
In its judgment of 13 May 2009, the Court ruled that eBay's activity consisting in storing the listings prepared by vendors and making them available online was a hosting activity, benefiting from the hosting provider protective status. Yet, the Court suggested that the parties had recourse to judicial mediation, in order to cooperate and agree on measures to be implemented to put an end to the sale of counterfeit products on the auction sales platform. With regard to eBay's advertising activities, the Court considered that the platform could not benefit from the hosting provider protective status, since its role was no longer passive, and such activities were not essential to the hosting activity. The Court nevertheless held eBay not liable, since L'Oréal did not clearly establish the alleged infringement.
Paris Civil Court, 13 May 2009
Source: T LAW ALERT - No. 2009/03 - GIDE LOYRETTE NOUEL A.A.R.P.I.
Google Squared
Google has a new search interface, Google Squared.
Have a look at these search results:
Australian Law Firms
Rollercoasters
Have a look at these search results:
Australian Law Firms
Rollercoasters
Google Wave - the next big thing from Google
Google is planning on launching Google Wave.
Here is a video about Google Wave. (It is long and probably takes about 20 mins to get a decent feel.) Google Wave is the next big thing from Google -- to merge IM, email, Facebook etc. It is said to be Google's counter attack to Microsoft's www.bing.com (launched this week, in case you missed Microsoft's $100M launch campaign) but it is really not a search tool but a communication tool.
Here is a video about Google Wave. (It is long and probably takes about 20 mins to get a decent feel.) Google Wave is the next big thing from Google -- to merge IM, email, Facebook etc. It is said to be Google's counter attack to Microsoft's www.bing.com (launched this week, in case you missed Microsoft's $100M launch campaign) but it is really not a search tool but a communication tool.
Here is a back story about it: http://googleblog.blogspot.com/2009/05/went-walkabout-brought-back-google-wave.html
Lars Rasmussen is speaking later this month in Brisbane, and next month in Sydney & Melbourne. He invented Google Maps, and now Google Wave. He lives in Sydney.
2009 Innovation Lecture - Dr Lars Rasmussen, Google
Business Method Patents
http://www.nytimes.com/2009/06/02/business/02bizcourt.html?_r=2&hpw
"WASHINGTON — The Supreme Court agreed on Monday to decide what sorts of business methods might be patented, an issue with the potential to reshape significant parts of the economy. “This is the most important patent case in 50 years, in particular because there is so much damage and so much good the court could do,” said John F. Duffy, a law professor at George Washington University who submitted a brief in the appeals court in support of neither side."
"WASHINGTON — The Supreme Court agreed on Monday to decide what sorts of business methods might be patented, an issue with the potential to reshape significant parts of the economy. “This is the most important patent case in 50 years, in particular because there is so much damage and so much good the court could do,” said John F. Duffy, a law professor at George Washington University who submitted a brief in the appeals court in support of neither side."
Google News
One topic for tonight's class will be Google News, and the impact of the IceTV copyright decision on Google. For IceTV, see below.
Have a look at the following:
Have a look at the following:
Stanford IP Litigation Clearinghouse
This is an interesting website: http://lexmachina.stanford.edu/
On December 8, 2008, the Law, Science & Technology Program at Stanford Law School, together with several commercial and philanthropic partners, launched the Stanford Intellectual Property Litigation Clearinghouse (IPLC). A free online database, the site is being released to the public in phases, with the patent portion currently offering real-time comprehensive data regarding patent infringement litigation in the United States. Non-patent matters, including copyright, trademark, trade secret and antitrust currently offer only intermittent data while "pending additional fundraising."
On December 8, 2008, the Law, Science & Technology Program at Stanford Law School, together with several commercial and philanthropic partners, launched the Stanford Intellectual Property Litigation Clearinghouse (IPLC). A free online database, the site is being released to the public in phases, with the patent portion currently offering real-time comprehensive data regarding patent infringement litigation in the United States. Non-patent matters, including copyright, trademark, trade secret and antitrust currently offer only intermittent data while "pending additional fundraising."
Internet Law Bookstore
I created an Internet Law Bookstore using Amazon technology. It took only 5 minutes to set up. Have a look at http://astore.amazon.com/weclosedit. This shows how easy it is to set up an e-commerce website these days.
Recent US Copyright Case
"CBS's Internet unit won the right to use National Football League players' names and statistics for free in fantasy sports leagues it sponsors after a judge ruled the information is in the public domain. The ruling is the latest setback for professional sports leagues and players unions looking to control the fantasy market. "
Similar result to IceTV in Australia?
Similar result to IceTV in Australia?
Penguin Jurisdiction Case
Penguin IP Suit V. Web Site Can't Fly In NY: Judge
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.
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
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
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
When you are doing website research, you may wish to use this free tool to record and store the pages that you find interesting or useful.
See www.icyte.com (an Australian invention)
See www.icyte.com (an Australian invention)
Domain Names
Carly Long, an expert in domain name litigation, will teach the first half of the class this Tuesday evening.
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
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
If you are interested in patents, then you may be interested in these proposed changes to the law in Australia. We will be looking at patents later in the semester.
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
The class on Tuesday will focus on jurisdiction issues.
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.
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.
Google/Louis Vuitton legal battle resumes
See The Guardian
Google today entered the latest stage in a four-year legal battle against luxury brand Louis Vuitton which accuses the US internet giant of selling trademark search terms relating to its products to rivals.
Google's lawyers are at the European Court of Justice today as part of a hearing relating to an appeal the search company lodged after LVMH won a case in France against Google in 2005.
Google today entered the latest stage in a four-year legal battle against luxury brand Louis Vuitton which accuses the US internet giant of selling trademark search terms relating to its products to rivals.
Google's lawyers are at the European Court of Justice today as part of a hearing relating to an appeal the search company lodged after LVMH won a case in France against Google in 2005.
Amazon and Copyright
See http://news.cnet.com/8301-13578_3-10196424-38.html
This week, an e-book Web site said Amazon.com invoked the 1998 law to prevent books from some non-Amazon sources from working on its Kindle reader.
Amazon sent a legal notice to MobileRead.com complaining that information relating to a computer utility written in the Python programming language "constitutes a violation" of the DMCA, according to a copy of the warning letter that the site posted. MobileRead.com is an e-book news and community site.
This week, an e-book Web site said Amazon.com invoked the 1998 law to prevent books from some non-Amazon sources from working on its Kindle reader.
Amazon sent a legal notice to MobileRead.com complaining that information relating to a computer utility written in the Python programming language "constitutes a violation" of the DMCA, according to a copy of the warning letter that the site posted. MobileRead.com is an e-book news and community site.
Google and NZ Copyright
Stepping into local New Zealand political debate for the first time, Google makes a submission on the draft ISP code of practice – and it doesn’t hold back, citing a rash of bogus copyright claims it has received in the US. In its opening salvo, the company says, "section 92A undermines the incredible social and economic benefits of the open and universally accessible internet, by providing for a remedy of account termination or disconnection that is disproportionate to the harm of copyright infringement online.”
Cybersquatting
Cybersquatting Cases Hit Record In 2008
WIPO has announced that companies and celebrities ranging from Arsenal football club to actress Scarlett Johansson filed a record number of "cybersquatting" cases in 2008 to stop others from profiting from their famous names, brands, and events. The most common business sector in which complaints arose was pharmaceuticals, due to Web sites offering sales of medicines with protected names.
WIPO has announced that companies and celebrities ranging from Arsenal football club to actress Scarlett Johansson filed a record number of "cybersquatting" cases in 2008 to stop others from profiting from their famous names, brands, and events. The most common business sector in which complaints arose was pharmaceuticals, due to Web sites offering sales of medicines with protected names.
10 March: Social Media Club Brisbane
Instead of the usual LWN117 class on Tuesday 10 March, you are encouraged to attend the March event of the Social Media Club Brisbane:
SMCB March is a panel discussion about legal issues related to the social media world. Joining us on the panel for the evening is:After you've picked the lawyers' brains hang around for a few drinks downstairs at Lock n Load's Jazz Night. Feel free to arrive from 5.30pm, with the panel session starting at 6.00pm.
- Peter Black, Lecturer, QUT Law School
- Professor Brian Fitzgerald, Professor of Intellectual Property and Innovation, QUT Law School
- John Swinson, Partner, Mallesons
SMBC March is proudly supported by QUT Faculty of Law and Lock n Load Bistro.
Lock n Load is at 142 Boundary St, West End QLD 4101. View Google Maps here.
Patents and Google
Google Patent Chief: Patent reform needed more than ever
Posted: 03 Mar 2009 11:29 AM PST
Editorial by Michelle Lee, Head of Patents and Patent Strategy at Google, See http://googlepublicpolicy.blogspot.com/2009/03/patent-reform-needed-more-than-ever.html
The Law of Google
These are my notes for class for Tuesday, 3 March 2009. The class is "The law of Google".
1. The breadth of Google.
Search
www.google.com
www.google.com.au
www.google.co.uk
www.google.ca
www.google.de
www.google.com.br
www.google.com.bd
www.igoogle.com
News
Images
Blogs
Maps
Videos
Books
Scholarly Papers
Finance
Custom Search, example: Leading Australian Law Firms
Syndicated Search and example
Directory
Products
Google Base
Search tricks and tips
Internal search
Site Search
Site Map
Other Google Stuff
Toolbar
Google Accounts
Web History
Gmail
Photos: Picasa and Picasa Web
Chrome Browser
Blogger
Groups
Reader
Notebook
Calendar
Docs
Talk
YouTube
More information: Wikipedia
How Google Works
Google Sitemap
2. AdWords and AdSense: Google Advertising
A. Do these searches on Google, Australian Google and UK Google and compare results:
Look at the Google Ads on these websites:
C. Google Trends and Google Analytics
D. AdWords
KeyWord Tool and Tool
More information: Google Learning Centre
E. Other types of Google advertising
Maps
F. Problems & Issues
(a) Pay Per Click Websites
Look at these websites:
(What is legitimate? See RealSpanking and Jackass and UStream)
(b) Click Fraud
What percentage of click are fraudulent? See this story and here too.
Clickfraud is old news: Crack-down
(c) Trade Mark Issues
Google Procedure
ACCC Lawsuit: See here and here and here and here (Google filed its defence on 17 November 2008.)
RescueCom Lawsuit
French Lawsuit
Geico Lawsuit and settlement
More information
Google Business Solutions
3. Legal issues and lawsuits
Book Search Lawsuit and here
Caching & Copyright: see here and here and here
Also, see older posts in this blog, such as this post from 2006.
1. The breadth of Google.
Search
www.google.com
www.google.com.au
www.google.co.uk
www.google.ca
www.google.de
www.google.com.br
www.google.com.bd
www.igoogle.com
News
Images
Blogs
Maps
Videos
Books
Scholarly Papers
Finance
Custom Search, example: Leading Australian Law Firms
Syndicated Search and example
Directory
Products
Google Base
Search tricks and tips
Internal search
Site Search
Site Map
Other Google Stuff
Toolbar
Google Accounts
Web History
Gmail
Photos: Picasa and Picasa Web
Chrome Browser
Blogger
Groups
Reader
Notebook
Calendar
Docs
Talk
YouTube
More information: Wikipedia
How Google Works
Google Sitemap
2. AdWords and AdSense: Google Advertising
A. Do these searches on Google, Australian Google and UK Google and compare results:
- Noosa
- Hilton
- Q1
- cheap accomodation queensland
- flowers paddington
- the tallest building in brisbane is
- DSL-G604T
- Sony
- Harvey World Travel
- Harvey World Travel Insurance
Look at the Google Ads on these websites:
- NY Times
- Van Gogh Gallery
- Brisbane Apartments and Reviews
- Cyberlaw and Policy and example article
- This Blog (look top right --->
C. Google Trends and Google Analytics
D. AdWords
- create Ad
- select Keywords, budget and display location
- people then click on your Ad.
KeyWord Tool and Tool
More information: Google Learning Centre
E. Other types of Google advertising
Maps
F. Problems & Issues
(a) Pay Per Click Websites
Look at these websites:
(What is legitimate? See RealSpanking and Jackass and UStream)
(b) Click Fraud
What percentage of click are fraudulent? See this story and here too.
Clickfraud is old news: Crack-down
(c) Trade Mark Issues
Google Procedure
ACCC Lawsuit: See here and here and here and here (Google filed its defence on 17 November 2008.)
RescueCom Lawsuit
French Lawsuit
Geico Lawsuit and settlement
More information
Google Business Solutions
3. Legal issues and lawsuits
Book Search Lawsuit and here
Caching & Copyright: see here and here and here
Also, see older posts in this blog, such as this post from 2006.
LNP candidate hits Labor's Dean Wells in the Googles
THE state election campaign is yet to officially begin, but a new battlefront has emerged in cyberspace in the fight to win over undecided voters.
Anyone googling Labor MP Dean Wells' name will first see a link to his Liberal National Party opponent's website on their screens.The LNP's Murrumba candidate Peter Flannery is paying the online search engine for a sponsored link to appear at the top of the results page.
See Courier Mail
New Name - Cyberlaw and Policy
LWN117 has been renamed "Cyberlaw and Policy". It will be offered in Semester One, 2009.
http://www.courses.qut.edu.au/cgi-bin/WebObjects/Courses.woa/wa/selectUnitFromCourseDetails?courseID=7216&idunit=21718
http://www.courses.qut.edu.au/cgi-bin/WebObjects/Courses.woa/wa/selectUnitFromCourseDetails?courseID=7216&idunit=21718
Cutting Edge Websites
It is worth looking at these new websites:
www.rottenneighbor.com
www.frucall.com
www.streeteasy.com
www.hitchsters.com
www.delaycast.com
farecast.live.com
jott.com
Bmail
www.rottenneighbor.com
www.frucall.com
www.streeteasy.com
www.hitchsters.com
www.delaycast.com
farecast.live.com
jott.com
Bmail
Australian Law Firm Search Engine
Click HERE for a specialist search engine of top Australian Law Firm websites.
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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...