Saturday, November 28, 2009
Monday, November 09, 2009
Saturday, October 10, 2009
Friday, October 02, 2009
Monday, July 27, 2009
Pictures From Public Places Not Private
FLIR Systems v. Parrish
"The local police bureau declined to answer questions about the case. But reports of the apparent suicide have set off a firestorm of criticism of Foxconn’s treatment of Mr. Sun, labor conditions at its factories and the pressures Apple places on suppliers to abide by the culture of secrecy that surrounds its development of new products.
The case also underscores the challenges that global companies face in trying to safeguard their designs and intellectual property in the hotly contested smartphone market, particularly here in the southern Chinese city of Shenzhen, an electronics manufacturing center known for piracy and counterfeiting."
Monday, July 20, 2009
In its judgment of 13 May 2009, the Court ruled that eBay's activity consisting in storing the listings prepared by vendors and making them available online was a hosting activity, benefiting from the hosting provider protective status. Yet, the Court suggested that the parties had recourse to judicial mediation, in order to cooperate and agree on measures to be implemented to put an end to the sale of counterfeit products on the auction sales platform. With regard to eBay's advertising activities, the Court considered that the platform could not benefit from the hosting provider protective status, since its role was no longer passive, and such activities were not essential to the hosting activity. The Court nevertheless held eBay not liable, since L'Oréal did not clearly establish the alleged infringement.
Paris Civil Court, 13 May 2009
Source: T LAW ALERT - No. 2009/03 - GIDE LOYRETTE NOUEL A.A.R.P.I.
Monday, June 08, 2009
Sunday, June 07, 2009
Here is a video about Google Wave. (It is long and probably takes about 20 mins to get a decent feel.) Google Wave is the next big thing from Google -- to merge IM, email, Facebook etc. It is said to be Google's counter attack to Microsoft's www.bing.com (launched this week, in case you missed Microsoft's $100M launch campaign) but it is really not a search tool but a communication tool.
A commentary is here: http://www.itwire.com/content/view/25413/1141/
Here is a back story about it: http://googleblog.blogspot.com/2009/05/went-walkabout-brought-back-google-wave.html
Lars Rasmussen is speaking later this month in Brisbane, and next month in Sydney & Melbourne. He invented Google Maps, and now Google Wave. He lives in Sydney.
2009 Innovation Lecture - Dr Lars Rasmussen, Google30 June 2009 Brisbane – Customs House
Tuesday, June 02, 2009
"WASHINGTON — The Supreme Court agreed on Monday to decide what sorts of business methods might be patented, an issue with the potential to reshape significant parts of the economy. “This is the most important patent case in 50 years, in particular because there is so much damage and so much good the court could do,” said John F. Duffy, a law professor at George Washington University who submitted a brief in the appeals court in support of neither side."
Tuesday, May 26, 2009
Have a look at the following:
On December 8, 2008, the Law, Science & Technology Program at Stanford Law School, together with several commercial and philanthropic partners, launched the Stanford Intellectual Property Litigation Clearinghouse (IPLC). A free online database, the site is being released to the public in phases, with the patent portion currently offering real-time comprehensive data regarding patent infringement litigation in the United States. Non-patent matters, including copyright, trademark, trade secret and antitrust currently offer only intermittent data while "pending additional fundraising."
Tuesday, May 05, 2009
Similar result to IceTV in Australia?
Thursday, April 23, 2009
A federal judge has tossed a copyright case brought by Penguin Group USA Inc. against a Web site that posted Upton Sinclair's "Oil!" and several other Penguin works online, citing a lack of personal jurisdiction in New York.
Internet Typology: The Mobile Difference: Wireless Connectivity Has Drawn Many Users More Deeply into Digital Life
Pew Internet & American Life Project, March 25, 2009
Freedom on the Net: A Global Assessment of Internet and Digital Media
Freedom House, April 1, 2009
This publication includes country reports on Brazil, China, Cuba, Egypt, Estonia, Georgia, India, Iran, Kenya, Malaysia, Russia, South Africa, Tunisia, Turkey and the United Kingdom.
Internet Crime Report 2008
Internet Crime Complaint Center (IC3), March 2009
There is an FBI news release, March 30, 2009, at
Sinking the Copyright Pirates: Global Protection of Intellectual Property
Hearing before the U.S. House Committee on Foreign Affairs, April 6, 2009
For transcripts, please go to
http://foreignaffairs.house.gov/schedule.asp and scroll down.
The Office of U.S. Trade Representative Releases Summary of Anti-Counterfeiting Trade Agreement (ACTA) Negotiations
News release, Office of the U.S. Trade Representative (USTR), April 6, 2009
The summary is at
Tuesday, April 21, 2009
Monday, April 20, 2009
You may wish to have a look at the following:
See also, UDRP Commentaries
Letter to ICANN
Monday, April 06, 2009
In a long-awaited opinion, the 2nd U.S. Circuit Court of Appeals ruled that Google must face a trademark infringement lawsuit for selling keywords that trigger ads.
The three-judge panel reversed a lower court's dismissal of Rescuecom v. Google, 06-4881, in which computer-repair company Rescuecom had claimed that users could be confused by links to competitors' ads that appear alongside Google search results for the company's trademarked name.
Rescuecom Corp. v. Google Inc., 2009 WL 875447 (2d Cir. April 3, 2009)
Friday, April 03, 2009
If you want to do some extra background reading, a recent case concerning The Secret documentary and book has both Interent and jurisdictional issues. It is more important for copyright law, but is an interesting diversion for Cyberlaw.
Background: The Australian
Australian Trial Judge Decision
Full Court of Federal Court Decision
Note regarding US decision on jurisdiction
Dan Hollings Case.
Thursday, March 19, 2009
Google today entered the latest stage in a four-year legal battle against luxury brand Louis Vuitton which accuses the US internet giant of selling trademark search terms relating to its products to rivals.
Google's lawyers are at the European Court of Justice today as part of a hearing relating to an appeal the search company lodged after LVMH won a case in France against Google in 2005.
Tuesday, March 17, 2009
This week, an e-book Web site said Amazon.com invoked the 1998 law to prevent books from some non-Amazon sources from working on its Kindle reader.
Amazon sent a legal notice to MobileRead.com complaining that information relating to a computer utility written in the Python programming language "constitutes a violation" of the DMCA, according to a copy of the warning letter that the site posted. MobileRead.com is an e-book news and community site.
WIPO has announced that companies and celebrities ranging from Arsenal football club to actress Scarlett Johansson filed a record number of "cybersquatting" cases in 2008 to stop others from profiting from their famous names, brands, and events. The most common business sector in which complaints arose was pharmaceuticals, due to Web sites offering sales of medicines with protected names.
Sunday, March 08, 2009
SMCB March is a panel discussion about legal issues related to the social media world. Joining us on the panel for the evening is:
After you've picked the lawyers' brains hang around for a few drinks downstairs at Lock n Load's Jazz Night. Feel free to arrive from 5.30pm, with the panel session starting at 6.00pm.
- Peter Black, Lecturer, QUT Law School
- Professor Brian Fitzgerald, Professor of Intellectual Property and Innovation, QUT Law School
- John Swinson, Partner, Mallesons
SMBC March is proudly supported by QUT Faculty of Law and Lock n Load Bistro.
Thursday, March 05, 2009
Google Patent Chief: Patent reform needed more than ever
Posted: 03 Mar 2009 11:29 AM PST
Editorial by Michelle Lee, Head of Patents and Patent Strategy at Google, See http://googlepublicpolicy.blogspot.com/2009/03/patent-reform-needed-more-than-ever.html
Wednesday, March 04, 2009
Sunday, March 01, 2009
1. The breadth of Google.
Custom Search, example: Leading Australian Law Firms
Syndicated Search and example
Search tricks and tips
Other Google Stuff
Photos: Picasa and Picasa Web
More information: Wikipedia
How Google Works
2. AdWords and AdSense: Google Advertising
A. Do these searches on Google, Australian Google and UK Google and compare results:
- cheap accomodation queensland
- flowers paddington
- the tallest building in brisbane is
- Harvey World Travel
- Harvey World Travel Insurance
Look at the Google Ads on these websites:
- NY Times
- Van Gogh Gallery
- Brisbane Apartments and Reviews
- Cyberlaw and Policy and example article
- This Blog (look top right --->
C. Google Trends and Google Analytics
- create Ad
- select Keywords, budget and display location
- people then click on your Ad.
KeyWord Tool and Tool
More information: Google Learning Centre
E. Other types of Google advertising
F. Problems & Issues
(a) Pay Per Click Websites
Look at these websites:
RealSpanking and Jackass and UStream)
(b) Click Fraud
What percentage of click are fraudulent? See this story and here too.
Clickfraud is old news: Crack-down
(c) Trade Mark Issues
ACCC Lawsuit: See here and here and here and here (Google filed its defence on 17 November 2008.)
Geico Lawsuit and settlement
Google Business Solutions
3. Legal issues and lawsuits
Book Search Lawsuit and here
Caching & Copyright: see here and here and here
Also, see older posts in this blog, such as this post from 2006.
Saturday, January 31, 2009
THE state election campaign is yet to officially begin, but a new battlefront has emerged in cyberspace in the fight to win over undecided voters.Anyone googling Labor MP Dean Wells' name will first see a link to his Liberal National Party opponent's website on their screens.
The LNP's Murrumba candidate Peter Flannery is paying the online search engine for a sponsored link to appear at the top of the results page.
See Courier Mail
Sunday, January 11, 2009