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ACCC v. Trading Post

The case against Google & the Trading Post by the ACCC continues.

See judgment regarding amendment to claim.
In week 6, we will look at laws and current issues relating to content on the internet.

Should freedom of speech on the internet prevail over protection of the public interest?

What are the relevant public interests?

Should there by government regulation, or reliance on technology? See NetNanny for example.
Some current issues from around the world include:

China / Google

Venezuela

Nigeria

Australia

United States

Spain

Google Adwords Decision in Europe

See note on IPRights website.

News

"With traditional print circulation declining and advertising revenue weak — both from online and from print — media companies are trying to extract new sources of revenue from online readers, despite the risk that they could alienate some by charging for access.

The Wall Street Journal, also owned by News Corp., The Financial Times and Newsday all charge for access. The New York Times has announced a plan to do so. Each has a payment system developed largely in-house.

News Corp. announced in August that all of its titles would move to charging for Web access. Its chairman and chief executive, Rupert Murdoch, threatened last year to remove his publications’ stories from Google's search index to encourage people to pay for content online."

See NYT

Google, China and Content Regulation

From The New York Times:

What Happens as Google Uncensors Search in China?

Google has stopped censoring results on its Chinese search engine, but many underlying pages are still blocked. Meanwhile, some Chinese say Google risks a government shutdown of its service.

http://s.nyt.com/u/68V

See also this story

Issues in Creating a Social Website

"...As a result of this trend, companies that were long content to have a Web site consisting of nothing more than an online brochure are now actively exploring creating Web sites with social media capabilities. Before implementing social media capabilities (e.g., hosting user-generated content, giving users the ability to share content with other members of the Web site community), though, the company should weigh the business justification for doing so, because the legal issues involved can be tricky. "
See this article

Google and Copyright

Viacom and Google broke their silence Thursday in their legal battle, as Viacom claimed that Google's YouTube unit had sought to exploit copyrighted works for profit, while Google argued that Viacom itself had secretly uploaded copyrighted clips it later demanded YouTube remove. The claims are among the many divulged as a federal judge and the parties to the case released a slew of documents.


Week 5 will cover the three related issues of SPAM, CRIME and PHISHING

You should review the following for some background understanding (as well as the material referred to in the study guide):

Spam

Spam Act

ACMA
IIA Code

Crime

Australian Federal Police

Costs - UK
On the rise - US
Recent case

Phishing

Anti-Phishing

Westpac
SARS

Is legislation or technology/awareness the solution? Which countries have attempted to combat phishing by legislation?
Following on from last week's discussion of Buzz, Google has now been sued by a user - see article.

Internet Jurisdiction

The next class is Internet jurisdiction. In addition to the notes in the Study Guide, please read the following:

Sliding Scale Test:

Zippo case

Effects Test:

Calder v. Jones (US Supreme Court)

Application of Effects Test:


Weather Underground case (and complete court file for this case if interested)


Australian approach:

Dow Jones v. Gutnick (High Court of Australia)

[Defamation - including Internet cases - background information if interested]


Queensland Police information

Could two courts come to an inconsistent result in the same case:
See The Secret litigation
See also prior posts if interested, for example.
One of the article links (Google - Bullying) is redirecting to the wrong article. This is the correct article.

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...