A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
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When are AI systems legally liable
Here are some good readings if you are interested in the legal responsibility of AI systems:
Machines without Principals: Liability Rules and Artificial Intelligence, 89 Wash. L. Rev. 117 (2014) http://euro.ecom.cmu.edu/program/law/08-732/AI/Vladeck.pdf
Regulating Artificial Intelligence Systems: Risks, Challenges, Competencies, and Strategies (May 30, 2015). Harvard Journal of Law & Technology, Vol. 29, No. 2, Spring 2016. http://jolt.law.harvard.edu/articles/pdf/v29/29HarvJLTech353.pdf
Servers and Waiters: What Matters in the Law of A.I. 21 Stan. Tech. L. Rev. 167 (2018), https://law.stanford.edu/publications/servers-and-waiters-what-matters-in-the-law-of-a-i/
Accountable Algorithms, 165 U. Pa. L. Rev. 633 (2017) https://scholarship.law.upenn.edu/penn_law_review/vol165/iss3/3
Morality and AI Machines
An interesting site from MIT -- a platform for judging human insight into moral decisions made by machines:
http://moralmachine.mit.edu/
http://moralmachine.mit.edu/
How do you prepare for the AI revolution?
This is a great book to help you prepare for the AI revolution that is about to hit us:
Also, a similar book that is more general:
Also, a similar book that is more general:
Another ACCC case regarding misleading consumer reviews
The ACCC has launched another case against ServiceSeeking regarding misleading online reviews of tradespeople. See story here.
This is similar to the Meriton case, discussed in posts below, regarding misleading hotel reviews on TripAdvisor.
This is similar to the Meriton case, discussed in posts below, regarding misleading hotel reviews on TripAdvisor.
Copyright Act consultations
The Australian Dept of Communication and the Arts has sought submissions for reforms to the Copyright Act. The submissions are now public: https://www.communications.gov.au/have-your-say/copyright-modernisation-consultation
See also the Productivity Commission's final report on Australia's Intellectual Property Arrangements.
Patentable Subject Matter
Rokt is fighting in Federal Court to have a patent application allowed. The Commissioner of Patents is opposing the grant of the patent: An invention that simply puts "a business method or scheme into a computer" is not patentable, the Commissioner of Patents told a court on the first day of a highly anticipated trial over a rejected software patent application by marketing tech startup Rokt.
The judge hearing the case is Justice Robertson. The oral argument went for 3 days, and finished on 20 July 2018. The judge is now writing a written decision.
See Australian Financial Review background story, and summary of Patent Office decision being appealed is here.
See blog post here.
The judge hearing the case is Justice Robertson. The oral argument went for 3 days, and finished on 20 July 2018. The judge is now writing a written decision.
See Australian Financial Review background story, and summary of Patent Office decision being appealed is here.
See blog post here.
Google may be liable for defamation for search engine results
Today, the High Court of Australia decided that Google must go to trial to determine whether Google is liable for defamation regarding its display of search engine results and also in respect of Google's autocomplete function.
See KWM article Google this: The High Court allows Google to be sued for defamation
See Sydney Morning Herald article
See HCA judgment Trkulja v Google LLC [2018] HCA 25
See KWM article Google this: The High Court allows Google to be sued for defamation
See Sydney Morning Herald article
See HCA judgment Trkulja v Google LLC [2018] HCA 25
.au Domain Names - Policy Review
auDA has constituted a policy review panel to review virtually all domain name policies in Australia, as well as to recommend a policy to implement direct registration in Australia. I am chair of this policy review panel.
See https://www.auda.org.au/policies/panels-and-committees/2017-policy-review-panel/
I strongly urge you to review the issues papers and to provide feedback.
Direct registration will allow registration of domain names in Australia such as cyberspace.au.
There are other reforms being discussed. See the Issues Paper that was published at the end of January.
See https://www.auda.org.au/policies/panels-and-committees/2017-policy-review-panel/
I strongly urge you to review the issues papers and to provide feedback.
Direct registration will allow registration of domain names in Australia such as cyberspace.au.
There are other reforms being discussed. See the Issues Paper that was published at the end of January.
Liability of Intermediaries for copyright infringement
At the end of last year, the Federal Court of Australia issued a judgment in against the Redbubble platform, in favour of Pokemon.
The judgment is here: Pokémon Company International, Inc. v Redbubble Ltd [2017] FCA 154
This is an important copyright and consumer protection law case. Redbubble recently appealed (and its seems that their appeal was lodged outside of the appeal window).
There is also a similar case pending, involving the Hell's Angels.
A good summary is located on the IP Whiteboard blog.
The judgment is here: Pokémon Company International, Inc. v Redbubble Ltd [2017] FCA 154
This is an important copyright and consumer protection law case. Redbubble recently appealed (and its seems that their appeal was lodged outside of the appeal window).
There is also a similar case pending, involving the Hell's Angels.
A good summary is located on the IP Whiteboard blog.
Canadian Update
This blog post has a good summary of relevant legal developments in Canada over the past year.
https://www.canadiantechlawblog.com/2018/01/17/technology-law-highlights-2017-year-in-review/
https://www.canadiantechlawblog.com/2018/01/17/technology-law-highlights-2017-year-in-review/
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How should damages be assessed for privacy and cybersecurity breaches
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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The issue of content regulation in China was mentioned in this blog last year . In the last few weeks, this issue has once again pushed into...
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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...