A UK financial regulator has published a report regarding cybersecurity risks.
"CCG members also noted the development of cloud security as an emerging risk area, and that data held in cloud environments should be encrypted and protected by appropriate intrusion detection/prevention controls. In some cases, it may be advisable to include “kill switch” technology, which allows for immediate disconnection to manage the risk of a cyber attack having a more widespread impact."
See
https://www.ropesgray.com/en/newsroom/alerts/2020/03/UK-Financial-Conduct-Authority-Publishes-Insights-from-the-Cyber-Coordination-Groups
May The Fourth Be With Disney
When Disney asked “Star Wars” fans to share their favorite memories of the franchise using the hashtag #MayThe4th, it said responses would fall under its terms of use agreement. Social media users were scathing.
See NY Times Article: https://www.nytimes.com/2020/04/28/business/star-wars-may-the-fourth-disney.html
See NY Times Article: https://www.nytimes.com/2020/04/28/business/star-wars-may-the-fourth-disney.html
Google liable for defamation based on search results
A recent Australian case concerning defamation and Google:
Defteros v Google LLC [2020] VSC 219 (30 April 2020)
http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC//2020/219.html
"Google submitted that it could not be liable as a secondary publisher, because its search engine is fully automated and does not intend the communication of any particular words or images, including any third party webpage to which a user might navigate. I do not accept this submission....
"Google submitted that it could not be liable as a secondary publisher, because its search engine is fully automated and does not intend the communication of any particular words or images, including any third party webpage to which a user might navigate. I do not accept this submission....
As the law stands in Australia, the common law casts the publication net wide. The liability of publishers is then limited by a range of common law and statutory defences. In particular, the common law ‘defence’ of innocent dissemination operates to limit the potential liability of search engine providers. Later in this judgment, I also consider the application of the statutory defence of qualified privilege to Google search results."
Facebook in Court over Cambridge Analytics
This recent Australian judgment concerns substituted service on Facebook. It relates to Cambridge Analytics breach. Interestingly, it discusses COVID-19. Facebook did not appear in court.
Australian Information Commission v Facebook Inc [2020] FCA 531
Instagram can sublicense your photos
When you make a public post on Instagram, you allow Instagram to sublicense you photo to anyone using the Instagram API.
One professional photographer found out about this the hard way.
"Unquestionably, Instagram’s dominance of photograph- and video-sharing social media, coupled with the expansive transfer of rights that Instagram demands from its users, means that Plaintiff’s dilemma is a real one. But by posting the Photograph to her public Instagram account, Plaintiff made her choice. This Court cannot release her from the agreement she made."
See Sinclair v. Ziff Davis and Mashable
One professional photographer found out about this the hard way.
"Unquestionably, Instagram’s dominance of photograph- and video-sharing social media, coupled with the expansive transfer of rights that Instagram demands from its users, means that Plaintiff’s dilemma is a real one. But by posting the Photograph to her public Instagram account, Plaintiff made her choice. This Court cannot release her from the agreement she made."
See Sinclair v. Ziff Davis and Mashable
Google sued again for identity of users
Melbourne brothel wants order compelling Google to release info on anonymous reviewers
Google has been served with a third preliminary discovery lawsuit in Australia seeking the identity of online reviewers, this time by a Melbourne brothel and escort service seeking to eliminate 11 one-star reviews from the search engine.
Google has been served with a third preliminary discovery lawsuit in Australia seeking the identity of online reviewers, this time by a Melbourne brothel and escort service seeking to eliminate 11 one-star reviews from the search engine.
Facebook in Court
In a surprising move, the Australian Information Commissioner has sued Facebook in Australia over giving access to personal information of thousands of Australians to Cambridge Analytica.
https://www.abc.net.au/news/2020-03-09/facebook-privacy-oaic-information-commissioner/12039642
https://www.businessnewsaus.com.au/articles/australian-information-commissioner-takes-facebook-to-court.html
"We consider the design of the Facebook platform meant that users were unable to exercise reasonable choice and control about how their personal information was disclosed," says Australian Information Commissioner and Privacy Commissioner Angelene Falk.
https://www.abc.net.au/news/2020-03-09/facebook-privacy-oaic-information-commissioner/12039642
https://www.businessnewsaus.com.au/articles/australian-information-commissioner-takes-facebook-to-court.html
"We consider the design of the Facebook platform meant that users were unable to exercise reasonable choice and control about how their personal information was disclosed," says Australian Information Commissioner and Privacy Commissioner Angelene Falk.
Musicians Create Every Melody in Existence to Avoid Copyright Infringement
Two programmers who are musicians have supposedly created every possible MIDI melody in existence, saved this to a hard drive, copyrighted the whole thing, and then released it all to the public in an attempt to stop musicians from getting sued for copyright infringement.
Vice Article
Whether this actually accomplishes what they want to do is uncertain.
Using small snippets of public available music (or computer code) to create a work, that is the same as a well-known larger work, may still be copyright infringement. It depends on whether the creator knew of and had access to the well-known larger work.
See Dais Studios case, where Ben Petro copied public Java script to create a larger computer program. See also AFR Article
This also has relevance to AI programs and how they are trained.
Vice Article
Whether this actually accomplishes what they want to do is uncertain.
Using small snippets of public available music (or computer code) to create a work, that is the same as a well-known larger work, may still be copyright infringement. It depends on whether the creator knew of and had access to the well-known larger work.
See Dais Studios case, where Ben Petro copied public Java script to create a larger computer program. See also AFR Article
This also has relevance to AI programs and how they are trained.
US-China spat ramps up over key UN post
The United Nations intellectual property agency (WIPO) is the latest front in the US-China trade war.
http://www.theage.com.au/world/sad-ambassador-slams-us-attack-on-chinese-bid-for-wipo-20200226-p544tg.html?btis
Australian Francis Gurry is the outgoing head of the UN World Intellectual Property Organisation.
Some Lawyers Work Can be Automated!
Experts say 23% of lawyers' work can be automated. Law schools are trying to stay ahead of the curve.
See https://www.cnbc.com/amp/2020/02/06/technology-is-changing-the-legal-profession-and-law-schools.html
See https://www.cnbc.com/amp/2020/02/06/technology-is-changing-the-legal-profession-and-law-schools.html
Domain Name Study - Which Domain Names don't get renewed
Research uncovered some interesting results, such as:
https://www.whoishostingthis.com/blog/2019/12/05/domain-study
· Only 29.79% of all domains are renewed after one year
· New GTLDs (like .XYZ) have far higher churn rates than .COM, .NET, .ORG etc
https://www.whoishostingthis.com/blog/2019/12/05/domain-study
Jurisdiction over Google
In Canada, on June 13, 2014, a Canadian court issued an injunction requiring Google to remove certain websites from its internet search results worldwide. Those websites were operating in violation of previous court orders and were being used to market a product that the plaintiffs say was developed through theft of their trade secrets. The injunction granted was on a worldwide basis.
The injunction was upheld by both the Court of Appeal and the Supreme Court of Canada, but Google then obtained an order from a California court making it unenforceable in the United States. Google now applies to set aside or vary the injunction. Google was unsuccessful.
The injunction was upheld by both the Court of Appeal and the Supreme Court of Canada, but Google then obtained an order from a California court making it unenforceable in the United States. Google now applies to set aside or vary the injunction. Google was unsuccessful.
See
Equustek Solutions Inc. v. Jack, 2018 BCSC 610
https://www.bccourts.ca/jdb-txt/sc/18/06/2018BCSC0610.htm
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