Attorney-General Nicola Roxon said the ALRC will consider whether the exceptions in the Federal Copyright Act are adequate and appropriate in the digital environment. The draft terms of reference reflect the fact that technology is constantly evolving and testing the boundaries of copyright law Ms Roxon said. "In our fast changing, technologically driven world, it important to ensure our copyright laws are keeping pace with change and able to respond to future challenges. We want to ensure this review has enough scope to look at the key areas of copyright so were calling on stakeholders to provide us with their feedback before the ALRC begins its work." The draft terms of reference ask the ALRC to examine the adequacy and appropriateness of a broad range of exceptions in the Copyright Act, including time shifting. The draft terms of reference also direct the ALRC to consider whether exceptions should allow the legitimate non-commercial use of copyright works for uses on the internet such as social networking. The Government has appointed Professor Jill McKeough, University of Technology Sydney Dean of Law, to the ALRC as a Commissioner to lead the copyright inquiry.
A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
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Copyright Exceptions To Be Reviewed
Draft terms of reference for an Australian Law Reform Commission (ALRC) inquiry into the operation of copyright exceptions in the digital environment were released today for public comment.
Class 6 - Content Regulation
Reading for next Monday's class on Content Regulation.
This class will focus on laws and current issues relating to the regulation of content on the Internet.
Should freedom of speech on the Internet prevail over protection of the public interest? Does the public need to be protected? What is the difference between censorship and regulation?
What are the relevant public interests? Who decides?
Should there by government regulation, or reliance on technology (such as NetNanny), or parental responsibility (e.g., see Google's Family Safety Centre)?
This class will focus on laws and current issues relating to the regulation of content on the Internet.
Should freedom of speech on the Internet prevail over protection of the public interest? Does the public need to be protected? What is the difference between censorship and regulation?
What are the relevant public interests? Who decides?
Should there by government regulation, or reliance on technology (such as NetNanny), or parental responsibility (e.g., see Google's Family Safety Centre)?
Reading:
- Class Text: Chapter 3, Internet and E-commerce Law by Fitzgerald et al
- Content Regulation in the Internet Age
- New classification review
- Online content regulation
- Australian ISPs forced to clean Internet and "mandatory web filter under fire"; and scheme ends
- Hillary Clinton on Internet Freedom
- Anti-piracy v. internet freedom
- China and "China Web Censorship Stirs Scorn", see also Wiki
- Canadian hate speech decision
- Racial Discrimination Act section 18C
- Westboro Baptist Church: article and protest and decision
- Is Cyberspace Burning?
- Lawsuit against Hate Blogger.
Extra Reading if you are interested:
- Regulation of Hate Speech, by Kagan (now on the U.S. Supreme Court)
Privacy
Please review the following privacy materials for the next lecture.
Australia
General information - OAIC, Australian Privacy Foundation, Electronic Frontiers
How prevalent (and relevant) are privacy concerns in Australia? How would you pursue a privacy complaint?
Legislation - look at the Privacy Act and the National Privacy Principles. Are further reforms on the way?
Case reports - review (and be ready to discuss) some privacy decisions, whether made by the Federal Privacy Commissioner or the Australian Information Commissioner.
You should also be aware of relevant case law in this area - is there a right to privacy at common law? Will there be in the future?
International
Art 17 of ICCPR.
Contractual rights
Look at the privacy policy of at least 2 websites you frequently use. Do you agree to all the terms and conditions?
For example - Google, News
Cookies
Are cookies a privacy concern, or a part of everyday life?
Recent news
Google and more Google
Then Google maps - what have been the different responses around the world?
Facebook and also here
Australia
General information - OAIC, Australian Privacy Foundation, Electronic Frontiers
How prevalent (and relevant) are privacy concerns in Australia? How would you pursue a privacy complaint?
Legislation - look at the Privacy Act and the National Privacy Principles. Are further reforms on the way?
Case reports - review (and be ready to discuss) some privacy decisions, whether made by the Federal Privacy Commissioner or the Australian Information Commissioner.
You should also be aware of relevant case law in this area - is there a right to privacy at common law? Will there be in the future?
International
Art 17 of ICCPR.
Contractual rights
Look at the privacy policy of at least 2 websites you frequently use. Do you agree to all the terms and conditions?
For example - Google, News
Cookies
Are cookies a privacy concern, or a part of everyday life?
Recent news
Google and more Google
Then Google maps - what have been the different responses around the world?
Facebook and also here
International Online Shopping
U.S. stores are shipping to customers in Australia.
"International visitors are coming to American sites because of lower prices and the availability of products they cannot get in their own countries, according to Forrester. Macy’s has found that Australian shoppers are particularly interested in its trendy clothes, while Canadians want basics like coats, shoes and underwear." See NYT
What legal issues could arise for the U.S. sellers and the Australian buyers?
"International visitors are coming to American sites because of lower prices and the availability of products they cannot get in their own countries, according to Forrester. Macy’s has found that Australian shoppers are particularly interested in its trendy clothes, while Canadians want basics like coats, shoes and underwear." See NYT
What legal issues could arise for the U.S. sellers and the Australian buyers?
Wrong Takedown Demand
What happens if a person issues a copyright take down demand to a file sharing website such as Vimeo or YouTube, and it is wrong. Potential liability for unjustified threats.
See Bell v. Steele
See also: SMH Article and Note.
See Bell v. Steele
See also: SMH Article and Note.
Telephone Numbers, Domain Names and Trade Marks
Have a look at this recent decision concerning a trade mark application for a telephone number:
1-800-Flowers.Com, Inc v Registrar of Trade Marks [2012] FCA 209
This case involves a dispute between 1300Flowers and 1800Flowers.
It reminds me of the domain name decisions concerning "Phonewords". See for example:
the 1300fitness.com.au decision.
1-800-Flowers.Com, Inc v Registrar of Trade Marks [2012] FCA 209
This case involves a dispute between 1300Flowers and 1800Flowers.
It reminds me of the domain name decisions concerning "Phonewords". See for example:
the 1300fitness.com.au decision.
For Creators of Games, a Faint Line on Cloning
"Cloning the soul of a game — its gameplay mechanics, design, characters and storyline — is now commonplace in digital marketplaces like Apple’s iOS App Store and Google’s Android.
And while the app stores have offered an unparalleled opportunity for independent software makers to reach customers and make money with an innovative game, they are learning it is just as easy for another game studio to compete with a very similar game."
See Full Article
See Full Article
YAHOO Sues Facebook For Infringing 10 patents
Reuters reports Yahoo has sued Facebook for infringing 10 patents.
Article at: http://www.reuters.com/article/2012/03/12/us-yahoo-facebook-lawsuit-idUSBRE82B18M20120312 A copy of the lawsuit, with a list of the ten patents, is available at: http://www.scribd.com/doc/85094882/Yahoo-s-Patent-Lawsuit-Against-Facebook
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