Adsense HTML

iCyte page

This is the iCyte service that I mentioned in class.
Here is a project that I have created using iCyte.

Websites

This is the course website:

Peter Black, who co-taught this subject last year, has this blog. http://freedomtodiffer.com/ He has become a famous Twit.

Google falls foul of privacy once again

From JL:


It is interesting to note that once again Google has reached for the freedom of speech lever as the apparent universal panacea absolving itself of any and all responsibility for breaches of privacy.
I for one would have though that, as an American company, Google would have been well-versed in the notion that freedom of speech is only 'free' to the extent that it does not impose on, contravene or breach another person's legal rights.
If tertiary institutions have the capability of analysing work submitted by students for plagiarism through the use of algorithm programs, then surely the technical boffins at Google can devise some process whereby material submitted for posting to the web can be assessed.
In this particular case, it is difficult to embrace the Google's Code of Conduct "Don't do evil" as being anything other than a marketing slogan. For mine, aiding and abetting the doing of evil equates to the same thing. If Google is serious about corporate social responsibility, then I suggest it not just talk about it, but in the words of another multinational "Just do it!"

See also NY Times

Net Fraud

Net fraud accused back online

From: The Courier-Mail
February 21, 2010

A TEENAGE Brisbane student accused of using the internet to defraud Queensland's biggest bank of $2 million has today had his ban on using the internet lifted.

Brisbane Magistrate Noel Nunan this morning varied bail conditions for Philip Heggie, 18, so he could use the internet to continue his university studies.

Heggie, a University of Queensland business student, made a brief appearance in the Brisbane Magistrate's Court to answer charges of fraud, attempted fraud and uttering a forged document.

Click here to read the full article on the website

--- A class member asks the following regarding the above story:

Given the level of sophistication required to perpetrate these alleged activities, has the Court (in its most recent decision concerning bail conditions) paid sufficient heed to the possibility of the accused undertaking similar acts? How meaningful are either of the different sets of bail conditions prescribed by the court, given that cyber crimes can be undertaken anonymously?

Google Counter-sues regarding AdWords

This recent article is worth reading, as it relates to Google, trademark issues and also jurisdiction issues:

Are these sites legitimate, or not?

www.ecyberspac.com

What is the purpose of these websites?

The Law of Google 2010 (updated)

These are my notes for class for 1 March 2010. The class is "The law of Google". Have a look at these websites (and if you have a Google account, log in to that account first):

1. The breadth of Google.

Search
www.google.com
www.google.com.au
www.google.co.uk
www.google.ca
www.google.de
www.google.com.br
www.google.com.bd
www.igoogle.com
News
Images
Blogs
Maps
Videos
Books
Scholarly Papers
Finance
Custom Search, example: Leading Australian Law Firms
Syndicated Search and example and example
Directory
Products
Google Base
Android

More information: Wikipedia
How Google Works
Google Sitemap

2. AdWords and AdSense: Google Advertising

A. Do these searches on Google, Australian Googleand UK Google and compare results:
  • Noosa
  • Hilton
  • Q1
  • cheap accomodation queensland
  • flowers paddington
  • the tallest building in brisbane is
  • DSL-G604T
  • Sony
  • Harvey World Travel
  • Harvey World Travel Insurance
Have a look at the two Google search interfaces on this page (http://www.cyberspac.com/Cyber_Law_and_Policy/Search.html) and do the same searches on both and compare the results.

B. AdSense

Look at the Google Ads on these websites:
More information on Adsense

C. Google Trends and Google Analytics
Also, Google Insights for Search

D. AdWords
  • create Ad
  • select Keywords, budget and display location
  • people then click on your Ad.
Terms: pay-per-click (PPC); cost-per-click (CPC); cost-per-impression (CPM); click through rate (CTR)

KeyWord Tool and Tool

More information: Google Learning Centre

E. Other types of Google advertising
Maps
Local Maps
You Tube

F. Problems & Issues

(a) Pay Per Click Websites

Look at these websites:
(What is legitimate? See RealSpanking and Jackassand 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
Google Procedure
ACCC Lawsuit: See here and here and here andhere(Google filed its defence on 17 November 2008.)
RescueCom Lawsuit
French Lawsuit
Geico Lawsuit and settlement

More information
Google Business Solutions

3. Legal issues and lawsuits

Book Search Lawsuit and here
Caching & Copyright: see here and here and here

Have a look at other Google posts on this blog: Click Here



First Class 2010

Welcome to LWN117 Cyber Law and Policy in Semester 1, 2010 at QUT.

This unit is offered in internal mode, commencing Monday 22 February 2010 at 6pm.

The Venue is: GP:B506

Google, Privacy and Buzz

Google moved quickly to contain a firestorm of criticism over Buzz, its new social network, taking the unusual step of announcing changes to the product over the weekend to address privacy problems.

Late Saturday, Todd Jackson, product manager for Gmail and Google Buzz, wrote in a blog post that Google had decided to alter one of the most vehemently criticized features in Buzz: the ready-made circle of friends that Buzz gives new users based on their most frequent e-mail and chat contacts. Now, instead of automatically connecting people, Buzz merely suggests to new users a group of people that they may want to follow or want to be followed by. ....


Critics Say Google Invades Privacy With New Service

SAN FRANCISCO — When Google introduced Buzz — its answer to Facebook and Twitter — it hoped to get the service off to a fast start. New users of Buzz, which was added to Gmail on Tuesday, found themselves with a ready-made network of friends automatically selected by the company based on the people that each user communicated with most frequently through Google’s e-mail and chat services.

Google's decision to use e-mail and chat as the basis of a social network was unfair and deceptive, some critics claimed.

Related

With Buzz, Google Plunges Into Social Networking(February 10, 2010)

Times Topics: Google Inc.

Readers' Comments

But what Google viewed as an obvious shortcut stirred up a beehive of angry critics. Many users bristled at what they considered an invasion of privacy, and they faulted the company for failing to ask permission before sharing a person’s Buzz contacts with a broad audience. For the last three days, Google has faced a firestorm of criticism on blogs and Web sites, and it has already been forced to alter some features of the service.


Copyright in Directories

This recent judgment also includes interesting comments regarding computer generated works.

Telstra Corporation Limited v Phone Directories Company Pty Ltd [2010] FCA 44 (8 February 2010)


"Even if the authors of the Works could be identified with sufficient clarity and certainty (and they cannot), the people suggested to be the authors of the Works did not exercise “independent intellectual effort” and / or “sufficient effort of a literary nature”. A majority of the creation process of the WPD and the YPD was heavily automated. Human intervention was regulated and controlled according to either the various computer systems in place including the Rules (see Part V Sections B and C above). Further, the contribution of the people suggested to be authors of the Works was anterior to the work taking its material form. Very few people had any part to play in the final presentation of the Works or the particular form of expression of the information. Those people, again, could not have been said to have exercised “independent intellectual effort” and / or “sufficient effort of a literary nature”: see [20(3)] above."

iiNet copyright case

The iiNet copyright case was decided this week. It concerns the copyright liability of an Internet service provider (ISP) for the conduct of its customers.

Challenges for Google

From The New York Times:

In Europe, Challenges for Google

On issues like privacy, copyright protection and the dominance of its search engine, Google is increasingly clashing with lawmakers and regulators.

http://s.nyt.com/u/ejr

Internet Freedom

Hilary Clinton's speech yesterday on Internet freedom attracked an interesting reaction from China.



News coverage of Chinese reaction:

Updated Internet Law Website

I have updated the class Internet Law website.
It is now located at www.cyberspac.com
There is a list of useful Internet law links here.

Also, as an experiment, have a look at:
www.ecyberspac.com

Photos and Piracy

"Internet accessibility of images amassed by governmental organizations, commercial entities and individuals is the basis of novel privacy violation claims. However, Internet distribution of images of both individuals and private places collected from public places remains lawful."

Pictures From Public Places Not Private

French parliament delays vote on Internet law

"A law backed by French President Nicolas Sarkozy to tackle Internet piracy suffered a new setback on Tuesday after legislators postponed a vote on the bill until September."

Source: Reuters

A warning from California

"The FLIR decision is a reminder to employers to be cautious when determining to bring a lawsuit against former employees for trade secret misappropriation. California courts may not tolerate the filing of misappropriation claims where it appears the employer is merely fearful or suspicious of wrongdoing. In such cases, the employer plaintiff risks not only a dismissal of its claims but the possibility of being sanctioned for bringing the action. "

FLIR Systems v. Parrish

Apple and Protection of Trade Secrets

From the NY Times
"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."

http://www.nytimes.com/2009/07/27/technology/companies/27apple.html

eBay & French Court Decision

In June 2008, the Paris Commercial Court had ordered eBay to pay damages of 38.6 million Euros to the luxury group LVMH, ruling that the auction sales platform, as a broker, was liable under ordinary law as result of the sale of infringing products on its platform. On 13 May 2009, the Paris Civil Court ruled the opposite in favor of eBay. In this case, L'Oréal claimed eBay should not benefit from the hosting provider protective status under French law, as its activities went beyond a mere technical hosting service. eBay argued, however, it merely hosted items put up for sale by users of its auction sales platform, and therefore had no general monitoring obligation.
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.

Google Wave - the next big thing from Google

Google is planning on launching Google Wave.
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.

http://www.warren.usyd.edu.au/events/2009ILFlyer.pdf

2009 Innovation Lecture - Dr Lars Rasmussen, Google

30 June 2009 Brisbane – Customs House

Business Method Patents

http://www.nytimes.com/2009/06/02/business/02bizcourt.html?_r=2&hpw

"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."

Google News

One topic for tonight's class will be Google News, and the impact of the IceTV copyright decision on Google. For IceTV, see below.

Have a look at the following:

Stanford IP Litigation Clearinghouse

This is an interesting website: http://lexmachina.stanford.edu/


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."

Internet Law Bookstore

I created an Internet Law Bookstore using Amazon technology. It took only 5 minutes to set up. Have a look at http://astore.amazon.com/weclosedit. This shows how easy it is to set up an e-commerce website these days.

Recent US Copyright Case

"CBS's Internet unit won the right to use National Football League players' names and statistics for free in fantasy sports leagues it sponsors after a judge ruled the information is in the public domain. The ruling is the latest setback for professional sports leagues and players unions looking to control the fantasy market. "

Similar result to IceTV in Australia?

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...