Social Networks Seminar

There is an expensive seminar on 1 April regarding social networks.

"As the flames of revolution in the Middle East continue to be fanned by Facebook groups and a chorus of tweets, our panel of international experts tackles the massive potential and limitations of social technologies.

Together they will take a look at the role social media is playing in bringing about true democracy, challenging conventional economies and helping the scientific community accelerate research."

Details here if interested.

The Evolving Mission of Google

THE MEDIA EQUATION: The Evolving Mission of Google  Google will tell you insistently that it is not a media company — it organizes and manages content, but does not produce it. Watch closely.  See NY Times article

Privacy - Week 4

Australia
Office of Australian Information Commissioner - look at the Privacy Act and Privacy Principles.
What legislative changes have been proposed for Australian privacy laws?
You should also be aware of relevant case law in this area - is there a right to privacy at common law?
Privacy Foundation

International rights
Art 17 of International Covenant on Civil and Political Rights

Privacy Policies
Do you understand/agree to all of these terms?
Amazon
Disney

Cookies
Cookie Central

Google
Google Maps
Legal responses - Australia; USA; Czech Republic; Germany. What are some other responses from around the world, particularly in relation to the Street View data collection issue?

Facebook
No longer a social norm?

Solutions
TrustE

A New Privacy Law? and See U.S. Senate hearing and Europe

Internet business models

Article on price fixing issues for ebooks - see here.

Keyword Decision in California

See Network Automation v. Advanced Systems Concepts

"Here we consider whether the use of another’s trademark as a search engine keyword to trigger one’s own product advertisement violates the Lanham Act. ...

Given the nature of the alleged infringement here, the most relevant factors to the analysis of the likelihood of con- fusion are: (1) the strength of the mark; (2) the evidence of actual confusion; (3) the type of goods and degree of care likely to be exercised by the purchaser; and (4) the labeling and appearance of the advertisements and the surrounding context on the screen displaying the results page.

The district court did not weigh the Sleekcraft factors flexibly to match the specific facts of this case. It relied on the Internet “troika,” which is highly illuminating in the context of domain names, but which fails to discern whether there is a likelihood of confusion in a keywords case. Because the linchpin of trademark infringement is consumer confusion, the district court abused its discretion in issuing the injunction. "

Class 3 - Internet Jurisdiction

The next class is Internet jurisdiction. In addition to the notes in the Study Guide, please read the following:

Wikipedia introduction and personal jurisdiction

Sliding Scale Test:

Zippo case

Effects Test:

Calder v. Jones (US Supreme Court)

Application of Effects Test:

Ubid v. GoDaddy

Weather Underground case (and complete court file for this case if interested)

Article

Trademark and Calder Test

Australian approach:

Dow Jones v. Gutnick (High Court of Australia)

[Defamation - including Internet cases - background information if interested]

Comment: Determining Internet Jurisdiction

Queensland Police information

Could two courts come to an inconsistent result in the same case:

See The Secret litigation

• Background: The Australian

• Australian Trial Judge Decision
• Full Court of Federal Court Decision

• Note regarding US decision on jurisdiction

See also prior posts if interested, for example.

Australian Domain Names

Australia’s Internet community celebrated a significant milestone last night with the registration of the two millionth .au domain name.

UDRP - Bad Faith Registration

In a UDRP proceeding against a cybersquatter, the Complainant has to prove three elements. The third element is bad faith registration and use. Some decisions have interpreted this requirement as being bad faith registration only. However, the traditional view that both bad faith registration and bad faith use is required, was supported, by majority, in the recent SimplyBusiness.com decision.

See also this DomainNameWire article.

Note that in Australia, under the auDRP, the requirement is different -- bad faith registration or bad faith use ("domain name has been registered or subsequently used in bad faith").

Keywords in Canada

Last month (February 2011) in Private Career Training Institutions Agency v Vancouver Career College (Burnaby) Inc, the Court of Appeal for British Columbia refused to grant an injunction preventing the use of names of competitors in Google and Yahoo keywords as part of internet advertising.

iCyte

When you are doing electronic research on the Internet, the iCyte tool is useful. See www.icyte.com. You can use it to save and annotate your research. It is free for students.

Week 2 - Google and Social Media

On Monday we will be looking at the business models of companies who operate primarily on the Internet. We will look at the rules you must comply with when using their sites (in addition to all other laws that apply), and the benefits/criticisms of their business models. In particular, we will focus on Google and Facebook, but will also try to cover Amazon, eBay and Twitter. You should be familar with the products/services offered by these companies, and their terms and conditions.


What are the risks of doing business with these organisations?


For some background you can look at:

Don't Be Evil

Google Product Offerings

Google Watch

Google Book Project

AdWords - Australia

Facebook and Privacy

Click fraud

Endorsements - US position

Study guides

For those in the class asking about study guides, paper copies have been mailed to you, and you should receive them within the next few days. In the meantime, you can access an electronic copy under the "Learning Resources" tab of the Blackboard site.