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Showing posts from May, 2010

Last Class

The last class is Monday night, 31 May.The class will go for about an hour, then we may go for a drink/pizza etc. In this class, I can answer any questions that you may have. We will also discuss legal issues concerning eBay and (if time) Facebook. Please read: ebay User agreementebay U.S. user agreementPrivacy PolicyU.S. Privacy PolicyRules About IPPrior Posts

eBay - reimbursement re bankruptcy of seller

Facebook, MySpace, Yahoo

Facebook, MySpace Messages Are Protected: Judge A district judge has reversed a magistrate judge's ruling that fashion house Christian Audigier Inc. can subpoena the Facebook Inc. and MySpace Inc. communications of an artist who sued the designer for copyright infringement, finding that messages on the social networking sites are protected information.Yahoo, Facebook Back Google In YouTube IP Case Facebook Inc., eBay Inc., IAC/InterActiveCorp and Yahoo Inc. have urged a federal judge to rule against Viacom International Inc. in its copyright lawsuit against Google Inc. over video-sharing website YouTube Inc., arguing that a victory for Viacom in the case would hurt online commerce.

Communications Law to be Reviewed

Two top Democratic legislators said Monday that they would begin a process to modernize telecommunications laws that were last overhauled in 1996 but barely mention the Internet.
NY Times

Break Up Google?

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Google is the “arbiter of every single thing on the Web, and it favors its properties over everyone else’s,” said Mr. Reback, sitting in a Washington cafe with the couple. “What it wants to do is control Internet traffic. Anything that undermines its ability to do that is threatening.”
See NY Times for full story.

ISP Liaibility

The main reading for the class on Monday, 24 May is the iiNet case:decisioncase noteiiNet press releaseAppeal lodgedAlso: The Bunt case High level note

Privacy - Proposed New Law in U.S.A.

U.S. Representatives Rick Boucher (VA-09), Chairman of the Subcommittee on Communications, Technology, and the Internet, and Cliff Stearns, Ranking Member of the Subcommittee, released a discussion draft of legislation to assure the privacy of information about individuals both on the Internet and offline.
Details

References

Google Says It Collected Private Data by Mistake

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"Google said on Friday that for more than three years it had inadvertently collected snippets of private information that people send over unencrypted wireless networks. The admission, made in an official blog post by Alan Eustace, Google’s engineering chief, comes a month after regulators in Europe started asking the search giant pointed questions about Street View, the layer of real-world photographs accessible from Google Maps. Regulators wanted to know what data Google collected as its camera-laden cars methodically trolled through neighborhoods, and what Google did with that data."Full story in NYTimes

Copyright class

This lecture will give a brief overview of copyright law generally. For some background, see:

Berne Convention
Australian Copyright Council
Copyright Act

There have been a number of interesting Australian cases dealing with copyright infringement, see for example:

Kazaa
MP3s4free
Stevens v Sony

The iiNet case will be discussed in detail in the Liability of ISPs lecture.

We will also discuss how other countries treat piracy:

US - Digital Millenium Copyright Act, and the case of Napster
UK - Ditigal Economy Bill, and the recent case of Newzbin

Patents Class

On Monday, 10 May 2010, we will be looking at patents.

Some reading for this class:

1.HistoryHistory of Software PatentsDo Internet Process Patents Threaten E-commerce?2.State Street Bank decisionDecision3.BilskiCourt of Appeals DecisionWikipedia summaryU.S. Supreme Court Oral ArgumentIn re Ferguson4.Australia Real TimeGrant v Commissioner of Patents [2005] FCA 1100Comment
5.Protests End Software PatentsWiki summary

Google v. Groggle

Google Keywords

"There is no stopping Google selling trademark terms as keywords. That is the message from the US courts this week. A judge from the US District Court for the Eastern District of Virginia has dismissed Rosetta Stone's case against the search giant, effectively killing off once and for all the conventional method of attacking the AdWords programme.Rescuecom had already dropped its case against Google (in order to fight a suit on exactly the same issue but where it is the defendant). But the fact that a court has now dismissed this type of case is very surprising, as it shows that they cannot even get to court anymore. The message is that mark owners will be wasting their time suing Google for trademark infringement. The Court of Justice of the European Union recently said the same thing, although it left the door open for mark owners to sue those third-party advertisers that purchase competitors' trademark terms as keywords.While the Best Buy v Rescuecom case will be tried…