Google and Privacy

On Wednesday, the FTC closed its investigation of Google for its collection of data from unsecured wireless networks that may have violated privacy rules.  Google’s changes to its procedures and policies address the FTC’s concerns according to a letter from the FTC to Google:  http://www.ftc.gov/os/closings/101027googleletter.pdf 

No Copyright In This Headline

The Federal Court of Australia decided today that newspaper headlines are not protected by copyright. How will this impact Google News?

Fairfax Media Publications Pty Ltd v Reed International Books Australia Pty Ltd [2010] FCA 984 (7 September 2010)

See Mallesons Alert

The Australian

BusinessWeek

Fake Consumer Reviews

On the consumer protection front, the FTC settled charges that a public relations agency engaged in deceptive advertising “by having employees pose as ordinary consumers posting game reviews at the online iTunes store, and not disclosing that the reviews came from paid employees working on behalf of the developers. This activity was in violation of the FTC's Revised Endorsement Guidelines which require disclosure. The PR firm, Reverb Communications, is required to take down the fraudulent postings and bars them from making similar postings in the future without appropriate disclosures.

Press release: http://www.ftc.gov/opa/2010/08/reverb.shtm

Links to Complaint and Consent Order: http://www.ftc.gov/os/caselist/0923199/index.shtm

Information on the FTC's Revised Endorsement Guidelines (16 CFR Part 255): http://ftc.gov/multimedia/video/business/endorsement-guides.shtm

Google and Privacy

A video cartoon featuring Google's chief giving away ice-cream to snoop on children aired on a giant screen in Times Square today as a privacy group continued to hound the internet giant.

Consumer Watchdog took its gripes with Google to the centre of Manhattan, where it paid to have a "Don't be evil?" animated clip shown on a "Jumbotron" screen above the masses coursing through Times Square.

Full story

Changes to Laws In Australia involving licensing software to consumers

Have a look at the Mallesons blog.

Who does this affect?

The new laws raise issues for all software licences with Australian end-customers where either:

• the software is "of a kind ordinarily acquired for personal, domestic or household use or consumption"; or
• the amount paid or payable for the software is $A40,000 or less.

Those end-customers are taken to be "consumers" by the ACL, even if they are multinational corporations or government entities well-equipped to negotiate to protect their interests.

Software Licensing

Is the software installed on your computer something you own -- or did you simply buy a "license" to use it? That's the issue at the heart of Vernor v. Autodesk Inc., a case argued Monday before the 9th U.S. Circuit Court of Appeals that represents a broad challenge to the software industry's fundamental business model.

See law.com

U.S. Patent Office Guidelines for patentable subject matter

See article at this U.S. law firm website.

The United States Patent and Trademark Office (PTO) published Interim Guidance on 27 July 2010, for evaluating method claims for subject-matter eligibility under § 101 of the Patent Act. This guidance follows the Supreme Court’s recent decision in Bilski v. Kappos.

Manifesto on internet policy and regulation

The IIA recently launched its "manifesto on internet policy and regulation, with principles and recommendations to guide decision making".

A PDF copy of the guide is available at

http://iia.net.au/images/resources/pdf/manifesto-2010.pdf

"We'll be requesting political parties to respond to its recommendations over the coming weeks," IIA chief executive, Peter Coroneos, said.

"It asks the question, under what circumstances can the Internet in Australia be advanced or hobbled by politicians today."

The report argues that the speed of technological change

outstrips the ability of legislation and legislators to keep up.

"Should or can they, regulate the internet to tackle social

policy challenges arising in the wake of rapid technological

change without damaging our capacity to innovate and compete?

If laws are passed, can they be enforced?

Is technology to blame or are we really dealing with age old

human problems that neither laws nor technology can regulate?

These are questions implicit in this document," Coroneos said.

The document offers a reality check to the internet policy debate by urging a return to first principles such as where Australia stands against our western counterparts. It argues we tend to over-regulated in content matters for often symbolic political reasons.

"We lack a local research base to support proposals notably in areas of cyber crime and cyber safety," he said.

Business Method Patents - U.S. Supreme Court takes wide view

See today's decision in the Bilski case.

NYT article

YouTube and DMCA

YouTube wins copyright case, and found to be protected by DMCA.

See Mallesons and NYT

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 agreement
• ebay U.S. user agreement
• Privacy Policy
• U.S. Privacy Policy
• Rules About IP
• Prior Posts

eBay - reimbursement re bankruptcy of seller

Have a look at:

http://www.smartcompany.com.au/internet/20100527-ebay-australia-sets-up-special-fund-for-victims-of-collapses-online-travel-company.html

in light of

this note.