A privacy claim was made against Google for its StreetView product. A Google camera car drove on to private property to take the photos.
See Boring v. Google. Original Decision; Third Circuit decision
A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
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Is Law School Worth The Money?
See NY Times Article
"The graying of baby-boom lawyers creates opportunities. As more senior lawyers retire, jobs will open, even in the unlikely case that the law business doesn’t expand with an improving economy. More opportunity will open to women and minorities, too. As with any industry in transition, changes in the delivery of legal services create opportunities as well as challenges. Creative, innovative and entrepreneurial lawyers will find ways to capitalize on this."
"The graying of baby-boom lawyers creates opportunities. As more senior lawyers retire, jobs will open, even in the unlikely case that the law business doesn’t expand with an improving economy. More opportunity will open to women and minorities, too. As with any industry in transition, changes in the delivery of legal services create opportunities as well as challenges. Creative, innovative and entrepreneurial lawyers will find ways to capitalize on this."
You Can't Say That on The Internet
A BASTION of openness and counterculture, Silicon Valley imagines itself as the un-Chick-fil-A. But its hyper-tolerant facade often masks deeply conservative, outdated norms that digital culture discreetly imposes on billions of technology users worldwide.
See NY Times
See NY Times
Copyright First Sale Doctrine Reviewed by Supreme Court
Can United States copyright owners block importation of copies of their works sold or distributed outside of the United States?
Confronting this apparently straightforward question, the U.S. Supreme Court heard oral argument on 29 October 2012, that revealed complex interactions of the relevant statutes and the difficult consequences flowing from alternative interpretations of those statutes. Kirtsaeng v. John Wiley & Sons, U.S. No. 11-697. See oral argument transcript.
The case involves Wiley text books printed and sold in Thailand, and Kirtsaeng’s unauthorized importation and resale of those text books in the United States. Wiley sued, claiming that the importation was an infringement under 17 U.S.C. 602(a), and Kirtsaeng defended that he had a right to resell the publications purchased in Thailand under the first sale doctrine codified at 17 U.S.C. 109(a).
On review is the Second Circuit’s decision for Wiley that the text books printed in Thailand could not satisfy the limitation in Section 109(a) that the first sale right applies only to copies “lawfully made under this title,” which the Court interpreted as copies physically made in this country.
Google Liable for Defamation Based on Search Results
In a jury trial in Melbourne, Google was found to have defamed a Melbourne man by placing his photo next to underworld figures.
See SMH and WebProNews and IBT
See SMH and WebProNews and IBT
Australian Domain Name Resales
Top 10 public .com.au domain sales Source: domainerincome.com Hardware.com.au - $33,333 Electricity.com.au - $30,933 Currencyconverter.com.au - $27,500 Websitedesign.com.au - $22,000 1300numbers.com.au - $20,000 Vitamins.com.au - $20,000 Fridges.com.au - $20,000 Wines.com.au - $19,000 Carparts.com.au - $18,011 Freestuff.com.au - $18,000
See: SMH
Why are Google Maps So Much Better
This is a good post that explains why Google Maps are so good. And see also this Atlantic article. Some people have said that maps are the future of Google. Photos below of Google Street View Bike People and Hiker.
Software and Internet Patents
The U.S. Federal Circuit on October 9, 2012 granted en banc review of a case in which a Federal Circuit panel held that a claim must not be deemed inadequate under 35 U.S.C. §101 if, after taking all of the claim recitations into consideration, it is not “manifestly evident” that a claim is directed to a patent ineligible abstract idea. CLS Bank International v. Alice Corp., Fed. Cir., No. 11-1301, 10/9/2012. Alice Corp is an Australian company, suing for patent infringement in the United States.
The en banc court vacated the panel decision and requested briefing on the following questions:
-
What test should the court adopt to determine whether a
computer-implemented invention is a patent ineligible "abstract idea”;
and when, if ever, does the presence of a computer in a claim lend
patent eligibility to an otherwise patent-ineligible idea?
-
In assessing patent eligibility under 35 U.S.C. § 101 of a
computer-implemented invention, should it matter whether the invention
is claimed as a method, system, or storage medium; and should such
claims at times be considered equivalent for § 101 purposes?
[N]othing in the Supreme Court’s
precedent, nor in ours, allows a court to go hunting for abstractions by
ignoring the concrete, palpable, tangible, and otherwise not abstract
invention the patentee actually claims. It is fundamentally
improper to paraphrase a claim in overly simplistic generalities in
assessing whether the claim falls under the limited “abstract ideas”
exception to patent eligibility under 35 USC §101. Patent eligibility
must be evaluated based on what the claims recite,
not merely on the ideas upon which they are premised.
To read the Court’s order for en banc review, click here; to read a summary of the panel decision and obtain a copy of Judge Linn’s opinion, click here.
Hobart.com Domain Name Sale
An Australian domain name company has sold Hobart.com.au for $65,000 to a website hosting business after purchasing the website for just $875 back in 2005, highlighting the potential riches in buying and selling geographic domains.
See Article
See Article
Google Sued in New Zealand, and wins
Google NZ was sued for defamation. The lawsuit was dismissed on summary judgment, because it was decided that the Google NZ entity was not carrying on business in New Zealand and had no control over the search engine. The court left open the question of whether Google is responsible for defamatory material that it produces from its search engine.
See NZ Court Decision (A v. Google New Zealand Ltd) and comment.
See NZ Court Decision (A v. Google New Zealand Ltd) and comment.
Facebook Photo Removed
A business was found to have breached advertising standards in relation to a photo on Facebook. See Smart Company
Donuts Applies for Most gTLDs
The single most aggressive bidder for lucrative new web domains is a little-known investment group: Donuts Inc. Its $57 million play for 307 new domains - more than Google, Amazon and Allstate combined - has prompted alarm among industry groups and internet watchdogs.
See SMH
See SMH
Employees Violating Computer Misuse Policy
In July, the Fourth Circuit weighed in on the scope of the Computer Fraud and Abuse Act (CFAA) in
WEC Carolina Energy Solutions, LLC v. Miller and found that the CFAA is not broad enough to impose liability on an employee who has
lawful access to his employer's electronic information but later
misuses that information - such as by stealing the employer's electronic
trade secrets. In taking this narrow approach to the CFAA and siding
with the Second and Ninth Circuits, the Fourth
Circuit has widened the circuit split over whether the CFAA applies to
disloyal employees who violate the computer use policies of their
employer. In this Legal Alert, Audra Dial and John Moye discuss the
Fourth Circuit's recent ruling and its impact for employers
drafting computer use policies as well as companies pursuing trade
secret claims through the CFAA.
See kilpatrickstockton.com
See kilpatrickstockton.com
United States of America v Dotcom
United States of America v Dotcom [2012] NZHC 2076 (16 August 2012)
http://www.nzlii.org/nz/cases/NZHC/2012/2076.html
New Cyber Data Laws
See Cyber Data Law story.
"NEW laws will allow authorities to collect and monitor Australians' internet records, including their web-browsing history, social media activity and emails. But the laws, which will specifically target suspected cyber criminals, do not go as far as separate proposed laws designed to retain every Australian internet user's internet history for two years in the name of national security. Under the laws passed yesterday, Australian state and federal police will have the power to compel telcos and internet service providers to retain the internet records of people suspected of cyber-based crimes, including fraud and child pornography. Only those records made after the request will be retained, but law enforcement agencies will be prevented from seeing the information until they have secured a warrant."
"NEW laws will allow authorities to collect and monitor Australians' internet records, including their web-browsing history, social media activity and emails. But the laws, which will specifically target suspected cyber criminals, do not go as far as separate proposed laws designed to retain every Australian internet user's internet history for two years in the name of national security. Under the laws passed yesterday, Australian state and federal police will have the power to compel telcos and internet service providers to retain the internet records of people suspected of cyber-based crimes, including fraud and child pornography. Only those records made after the request will be retained, but law enforcement agencies will be prevented from seeing the information until they have secured a warrant."
Publicity Monster
An interesting story about a company that promised to improve your Google rankings.
See Publicity Monster Investigated.
See Publicity Monster Investigated.
Apple beats Samsung in Court - First Reactions
Apple won one of the largest patent damages awards against Samsung. First reactions. News Report. Will this impact the Australian court cases?
Copyright and the Digital Economy Issues Paper
The Australian Law Reform Commission (ALRC) released the Issues Paper for its current inquiry into Copyright and the Digital Economy.
Headed by Professor Jill McKeough (Dean of Law at the University of Technology, Sydney), the review is focusing on the suitability of current exceptions and statutory licences in the evolving digital marketplace.
See Note here.
Paypal Over Zealous and Uncaring?
From The New York Times:
Some PayPal Users Criticize Antifraud Measures Some of the payment service’s users say the company needlessly freezes their accounts when large transactions are involved. http://nyti.ms/QuD0EC
Smirnoff Responsible for Comments of Users on Facebook
“The Board considered that the Facebook
site of an advertiser is a marketing communication tool over which the
advertiser has a reasonable degree of control and could be considered to
draw the attention of
a segment of the public to a product in a manner calculated to promote
or oppose directly or indirectly that product. The Board determined that
the provisions of the Code apply to an advertiser’s Facebook page. As a
Facebook page can be used to engage with
customers, the Board further considered that the Code applies to the
content generated by the advertisers as well as material or comments
posted by users or friends.”
See Diageo Australia
See Diageo Australia
Computer Patent - Patentable Subject Matter
A system claim which includes as a limitation a computer to perform
steps in a method is ineligible for patent protection under 35 U.S.C.
§101
as a claim to an abstract idea because the computer functions solely as
an obvious mechanism to solve a problem quickly, the Federal Circuit
held July 26, 2012.
Bancorp Services, L.L.C. v. Sun Life Assurance Company of Canada (U.S.), Fed. Cir., No. 2011-1467, 7/26/12.
The asserted patents are directed to systems and methods for administering and tracking the value of life insurance policies in separate accounts. The Federal Circuit affirmed a district court summary judgment that the patents are ineligible for patent protection because the claimed computer components are no more than objects that facilitate the operation of claimed methods directed to an abstract idea. It held that a machine, system, medium, or the like may in some cases be equivalent to an abstract mental process for purposes of patent ineligibility.
To read the Court's opinion in this case, click here.
The asserted patents are directed to systems and methods for administering and tracking the value of life insurance policies in separate accounts. The Federal Circuit affirmed a district court summary judgment that the patents are ineligible for patent protection because the claimed computer components are no more than objects that facilitate the operation of claimed methods directed to an abstract idea. It held that a machine, system, medium, or the like may in some cases be equivalent to an abstract mental process for purposes of patent ineligibility.
To read the Court's opinion in this case, click here.
Online Auctions - Terms Unfair
See Malam v Graysonline, Rumbles Removals and Storage (General) [2012] NSWCTTT 197
- The CCAAC then went on to recommend that “online transactions (including online auctions such as eBay) should be covered by the national statutory consumer guarantees in the same way as in-store transactions” (Recommendation 10.1, page 111).
- In the light of this recommendation, and the clear intention of the Australian Consumer Law to provide wide ranging protection for consumers, I consider that the purpose of provision will best be met by limiting auctions to physical auctions where the consumer does have the opportunity to inspect the goods before purchasing, analogous to in-store transactions.
- In the circumstances, I am not satisfied this arrangement was a sale by auction and therefore s. 54 and 55 of the Australian Consumer Law apply.
Google's Top Lawyer: Some Apple Inventions are Commercially Essential, Should Be Made Into Standards
Apple CEO Tim Cook has said that he wants other companies to "invent their own stuff", and that Apple shouldn't be "inventor for the world".
Google General Counsel Kent Walker disagrees, and this month wrote a letter to the US Senate Judiciary Committee arguing that commercial inventions that impact "consumer welfare" should be just as important as technical patents.
See Here
Google General Counsel Kent Walker disagrees, and this month wrote a letter to the US Senate Judiciary Committee arguing that commercial inventions that impact "consumer welfare" should be just as important as technical patents.
See Here
e-book pricing
On Friday, the Department of Justice responded to the over 800 comments filed in its settlement with a group of publishers over e-book pricing. The Department responded as part of the Tunney Act proceeding for the settlement, while it is in the midst of litigating the same Complaint against Apple and publishers that did not settle.
The response can be found here: http://www.justice.gov/atr/cases/f285300/285315.pdf. The comments are posted online and can be found here: http://www.justice.gov/atr/cases/apple/index.html
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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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Finally, what is called direct registration of domain names is coming to Australia. See https://www.auda.org.au/statement/australias-interne...