From a Kenyon & Kenyon newsletter looking at legal trends for 2013:
An important “Right of Publicity” issue for 2013 is the use by social networks of their members' names and/or likenesses in advertising. Many social networks have broad Terms of Service which purport to allow them to exploit any content that a member posts on the networks' websites. Social networks take the position that these service terms permit them to use aspects of their members’ identities in advertisements appearing within the social networks. As social networks grow and compete for advertiser dollars, they will naturally want to allow advertisers to create the most effective ads possible. Studies have shown the persuasive potential of an online connection's recommendations (due to the apparent lack of bias), and therefore many advertisers are likely to request advertising that uses the identities of a social network's users.
Internet Simulcasting Decision
The Australian Federal Court recently decided a lawsuit involving radio stations simulcasting their broadcasts via the Internet.
"A broadcasting service is the delivery, in a particular manner, of a radio program, consisting of matter intended to entertain, educate or inform. Thus the delivery of the radio program by transmission from a terrestrial transmitter is a different broadcasting service from the delivery of the same radio program using the internet."
See Decision Phonographic Performance Company of Australia Limited v Commercial Radio Australia Limited [2013] FCAFC 11
See also Australian Copyright Council alert
"A broadcasting service is the delivery, in a particular manner, of a radio program, consisting of matter intended to entertain, educate or inform. Thus the delivery of the radio program by transmission from a terrestrial transmitter is a different broadcasting service from the delivery of the same radio program using the internet."
See Decision Phonographic Performance Company of Australia Limited v Commercial Radio Australia Limited [2013] FCAFC 11
See also Australian Copyright Council alert
CLS Bank v Alice case to be heard en banc
From a Kenyon & Kenyon newsletter:
Patent-eligibility of inventions implemented by computers: CLS Bank v. Alice Corp
The district court had held that the invention, which related to methods and systems for exchanging financial obligations between parties, was an abstract idea—ineligible for patent protection under 35 U.S.C. § 101. A Federal Circuit panel disagreed, holding that the claimed invention complies with § 101 of the patent code. En banc, the Federal Circuit will address two issues:
The district court had held that the invention, which related to methods and systems for exchanging financial obligations between parties, was an abstract idea—ineligible for patent protection under 35 U.S.C. § 101. A Federal Circuit panel disagreed, holding that the claimed invention complies with § 101 of the patent code. En banc, the Federal Circuit will address two issues:
I. 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?
II. 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?
Given the large number of software patents that issue each year, this decision could significantly impact numerous litigations, licensing negotiations, and prosecution practices.
Google not responsible for contents of advertisements
The High Court of Australia decided today that Google is not responsible for the content of advertisements placed via its AdWords program.
See:
Court Decision, Google Inc v Australian Competition and Consumer Commission [2013] HCA 1
SMH
Technology Spectator
KWM Bulletin
A key reason was the following at [69]:
“That the
display of sponsored links (together with organic search results) can be
described as Google's response to a user's request for information does
not render Google the maker, author, creator or
originator of the information in a sponsored link. The technology which
lies behind the display of a sponsored link merely assembles
information provided by others for the purpose of displaying
advertisements directed to users of the Google search engine in
their capacity as consumers of products and services. In this sense,
Google is not relevantly different from other intermediaries, such as
newspaper publishers (whether in print or online) or broadcasters
(whether radio, television or online), who publish,
display or broadcast the advertisements of others.”
See:
Court Decision, Google Inc v Australian Competition and Consumer Commission [2013] HCA 1
SMH
Technology Spectator
KWM Bulletin
Privacy for Mobile Apps
From The New York Times:
F.T.C. Suggests Guidelines on Privacy for Mobile Apps The Federal Trade Commission said the mobile industry should include a do-not-track feature in software and apps and take other steps to safeguard personal information. http://nyti.ms/X0xWcG
Too Many Lawyers
Law Schools’ Applications Fall as Costs Rise and Jobs Are Cut
Applications are headed for a 30-year low, reflecting increased concern over soaring tuition, crushing student debt and diminishing prospects of lucrative employment upon graduation.
http://nyti.ms/14xHPnF
Applications are headed for a 30-year low, reflecting increased concern over soaring tuition, crushing student debt and diminishing prospects of lucrative employment upon graduation.
http://nyti.ms/14xHPnF
Lawsuit Against Google For AutoComplete
An Australian doctor is suing Google for regarding its auto-complete function, that suggests the word "bankrupt" when his name is entered in the search box.
See Full Story
See Full Story
Does Disneyworld have privacy and copyright rights?
Lawyers nightmare, in relation to film made at Disneyworld, Escape from Tomorrow.
See also clip and NYTimes.
See also clip and NYTimes.
User Generated Content and Opinions
A good article about TripAdvisor and its review system.
Using TripAdvisor
Using TripAdvisor
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