See this article regarding a copyright claim in respect of Instagram photos.
Story here.
I have met a number of people who are earning good money promoting products on Instagram and on blogs.
A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
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Business Method Patents In Australia
After a long delay, the Australian Federal Court (Appeals Division) has finally decided the case of Commissioner of Patents v RPL Central Pty Ltd [2015] FCAFC 177. This is an appeal from an appeal from a decision by the Commissioner of Patents not to grant a patent to a method and system for computerised collection of information relevant to assessment of a person’s competency for a recognised qualification standard.
The case considered whether this invention was patentable subject matter in Australia.
The Court decided that this invention was not patentable subject matter in Australian.
See also IP Whiteboard
The case considered whether this invention was patentable subject matter in Australia.
The Court decided that this invention was not patentable subject matter in Australian.
"A claimed invention must be examined to ascertain whether it is in substance a scheme or plan or whether it can broadly be described as an improvement in computer technology. The basis for the analysis starts with the fact that a business method, or mere scheme, is not, per se, patentable. The fact that it is a scheme or business method does not exclude it from properly being the subject of letters patent, but it must be more than that. There must be more than an abstract idea; it must involve the creation of an artificial state of affairs where the computer is integral to the invention, rather than a mere tool in which the invention is performed. Where the claimed invention is to a computerised business method, the invention must lie in that computerisation. It is not a patentable invention simply to “put” a business method “into” a computer to implement the business method using the computer for its well- known and understood functions.
Is the mere implementation of an abstract idea in a well-known machine sufficient to render patentable subject matter? Is the artificial effect that arises, because information is stored in RAM and there is communication over the Internet or wifi, sufficient? Does any physical effect give rise to a manner of manufacture? Are the mere presence of an artificial effect and economic utility, without more, sufficient to determine manner of manufacture?
... it is apparent that, other than the integers providing that the computer processes the criteria to generate corresponding questions and presents those questions to the user, the method does not include any steps that are outside the normal use of a computer. It is not suggested that the creation of the plurality of assessable criteria themselves form the basis of the claimed invention. They are present on the NTIS website from which they are retrieved. It is not suggested that the presentation of the questions or the processing of the user’s responses involve ingenuity themselves or that this constitutes the requisite manner of manufacture.
We conclude that the claimed invention is to a scheme or a business method that is not properly the subject of letters patent."
See also IP Whiteboard
Personal Information
The Australian Administrative Appeals Tribunal has decided that companies who collect operational data about services they provide
to individual end users, is not personal information about customers.
See Telstra Corporation Limited and Privacy Commissioner [2015] AATA 99 (18 December 2015)
See Telstra Corporation Limited and Privacy Commissioner [2015] AATA 99 (18 December 2015)
The Advocate Defames The Bank on Social Media
United States Federal Circuit Judges Express Concerns for Current State of Patent Eligibility Law
There will be no en banc review of a Federal Circuit panel decision
that an important medical diagnostic method is ineligible for patent
protection under 35 U.S.C. 101. However, in opinions accompanying the
order denying review, several Federal Circuit judges
expressed concerns for medical diagnostics under the current state of
patent eligibility law.
Ariosa Diagnostics, Inc. v. Sequenom, Inc., Fed. Cir., No. 14-1139, 2 December 2015.
The patent at issue is directed at a process for detecting paternally-inherited fetal DNA in maternal blood samples and for performing a prenatal diagnosis based on that DNA. This method permits the diagnosis of possible birth defects without using highly intrusive measures.
The Federal Circuit panel decision acknowledged that the invention in this case revolutionized prenatal care. However, it ruled that the claimed method is patent-ineligible under Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S.Ct. 1289 (2012), because it acts on natural phenomenon with well-understood, routine, and conventional steps. In a concurring opinion, Judge Linn reluctantly agreed but only because of the Supreme Court’s sweeping and unnecessary statements about patent eligibility.
The Federal Circuit on December 2, 2015, denied the petition for en banc review.
To read the opinions accompanying the en banc order in this case, click here; to read the panel decision in this case, click here.
The patent at issue is directed at a process for detecting paternally-inherited fetal DNA in maternal blood samples and for performing a prenatal diagnosis based on that DNA. This method permits the diagnosis of possible birth defects without using highly intrusive measures.
The Federal Circuit panel decision acknowledged that the invention in this case revolutionized prenatal care. However, it ruled that the claimed method is patent-ineligible under Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S.Ct. 1289 (2012), because it acts on natural phenomenon with well-understood, routine, and conventional steps. In a concurring opinion, Judge Linn reluctantly agreed but only because of the Supreme Court’s sweeping and unnecessary statements about patent eligibility.
The Federal Circuit on December 2, 2015, denied the petition for en banc review.
To read the opinions accompanying the en banc order in this case, click here; to read the panel decision in this case, click here.
History of Software Patents in the United States
A good article from the National Law Reviewing regarding the history of software patents in the U.S.
See History
See History
Dot Horse
An interesting blog post concerning the new Dot Horse gTLD:
http://everythingtrademarks.com/2015/09/13/dot-horsing-around/
"Despite its stated purpose, it has – inexplicably – brought together a community of equine parodists. "
http://everythingtrademarks.com/2015/09/13/dot-horsing-around/
"Despite its stated purpose, it has – inexplicably – brought together a community of equine parodists. "
Ninth Circuit Rules That Copyright Holders Must Consider Fair Use Before Issuing DMCA Takedown Notice
Media
companies and other copyright holders may need to change the way they
deal with infringing content on the Internet. In a closely watched
copyright case,
Lenz v. Universal Music Corp. (also known as the "Dancing Baby" case), the United States Court of Appeals for the Ninth Circuit
ruled yesterday
that copyright holders must consider fair use before issuing takedown
notices to remove allegedly infringing content from websites such as
YouTube and Facebook. This decision has significant
implications for owners of copyright-protected content, especially
studios, record labels, publishers and other entities with large content
catalogs, as well as individuals and businesses that rely on fair use
to exploit copyrighted material owned by others.
Redlands Council Threatens Lawsuit against Facebook Posters
See Brisbane Times
"Redland City Council has sought to shut down online criticism by sending threatening legal letters to residents over comments made on social media.
Five residents have received the legal threats in the past week over Facebook posts that suggested, among other things, that political donations from developers had swayed council decisions."
Australian Government releases survey into online copyright infringement
The research is said to show that Australia has high levels of online copyright infringement.
See Government Website with full survey results.
Patentable Subject Matter Guidelines for the United States
The newly released update to the section 101 Eligibility Guidelines is on the USPTO website at the link below:
Copyright and eBooks
From Australian Copyright Agency:
The
UK Publisher’s Association has successfully gained an order to have
that country’s five main internet service providers block consumer
access to websites promoting the online theft of ebooks.
Investigations
found at least 80 per cent of the reportedly 10 million ebook titles on
seven offshore websites were infringing copyright and almost a million
takedown notices had been issued to the sites. The sites make
substantial sums of money from referral fees and advertising, with none
of that income returning to publishers or authors.
The
UK Publishers Association Chief Executive, Richard Mollet, said: “A
third of publisher revenues now come from digital sales but
unfortunately this rise in the digital market has brought with it a
growth in online infringement. Our members need to be able to protect
their authors’ works from such illegal activity; writers need to be paid
and publishers need to be able to continue to innovate and invest in
new talent and material.” Read the media release here.
The UK decision reflects our own situation in Australia where a two-pronged approach aims to curb online piracy.
Firstly, the creative and telecommunications sectors have jointly established a new code
to combat internet piracy. It involves an escalating series of
infringement notices being issued to repeat infringers and has been
submitted for registration to the Australian Communications and Media
Authority.
At the same time, the Federal Government has legislation before the Senate to allow rights holders to apply to a court for an order requiring ISPs to block offshore websites promoting online theft.
The Copyright Agency supports these moves and will continue to campaign for copyright and stand up for creators’ rights.
Murray St Leger,
Chief Executive
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