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Copyright & Theft

"THE Justice Department is building its case against Megaupload, the hugely popular file-sharing site that was indicted earlier this year on multiple counts of copyright infringement and related crimes. The company’s servers have been shut down, its assets seized and top employees arrested. And, as is usual in such cases, prosecutors and their allies in the music and movie industries have sought to invoke the language of “theft” and “stealing” to frame the prosecutions and, presumably, obtain the moral high ground. ...


The problem is that most people simply don’t buy the claim that illegally downloading a song or video from the Internet really is like stealing a car. According to a range of empirical studies, including one conducted by me and my social psychologist collaborator, Matthew Kugler, lay observers draw a sharp moral distinction between file sharing and genuine theft, even when the value of the property is the same."


See NY Times opinion article from U.S. law school professor.

Copyright Exceptions To Be Reviewed

Draft terms of reference for an Australian Law Reform Commission (ALRC) inquiry into the operation of copyright exceptions in the digital environment were released today for public comment.
Attorney-General Nicola Roxon said the ALRC will consider whether the exceptions in the Federal Copyright Act are adequate and appropriate in the digital environment.  The draft terms of reference reflect the fact that technology is constantly evolving and testing the boundaries of copyright law Ms Roxon said.

"In our fast changing, technologically driven world, it important to ensure our copyright laws are keeping pace with change and able to respond to future challenges.  We want to ensure this review has enough scope to look at the key areas of copyright so were calling on stakeholders to provide us with their feedback before the ALRC begins its work."

The draft terms of reference ask the ALRC to examine the adequacy and appropriateness of a broad range of exceptions in the Copyright Act, including time shifting.

The draft terms of reference also direct the ALRC to consider whether exceptions should allow the legitimate non-commercial use of copyright works for uses on the internet such as social networking.

The Government has appointed Professor Jill McKeough, University of Technology Sydney Dean of Law, to the ALRC as a Commissioner to lead the copyright inquiry.

Class 6 - Content Regulation

Reading for next Monday's class on Content Regulation.

This class will focus on laws and current issues relating to the regulation of content on the Internet.

Should freedom of speech on the Internet prevail over protection of the public interest? Does the public need to be protected? What is the difference between censorship and regulation?

What are the relevant public interests? Who decides?

Should there by government regulation, or reliance on technology (such as NetNanny), or parental responsibility (e.g., see Google's Family Safety Centre)?


Reading:
Extra Reading if you are interested:

Privacy

Please review the following privacy materials for the next lecture.

Australia
General information - OAIC, Australian Privacy Foundation, Electronic Frontiers
How prevalent (and relevant) are privacy concerns in Australia? How would you pursue a privacy complaint?

Legislation - look at the Privacy Act and the National Privacy Principles. Are further reforms on the way?

Case reports - review (and be ready to discuss) some privacy decisions, whether made by the Federal Privacy Commissioner or the Australian Information Commissioner.
You should also be aware of relevant case law in this area - is there a right to privacy at common law? Will there be in the future?

International
Art 17 of ICCPR.

Contractual rights
Look at the privacy policy of at least 2 websites you frequently use. Do you agree to all the terms and conditions?
For example - Google, News

Cookies
Are cookies a privacy concern, or a part of everyday life?

Recent news
Google and more Google
Then Google maps - what have been the different responses around the world?
Facebook and also here

International Online Shopping

U.S. stores are shipping to customers in Australia.

"International visitors are coming to American sites because of lower prices and the availability of products they cannot get in their own countries, according to Forrester. Macy’s has found that Australian shoppers are particularly interested in its trendy clothes, while Canadians want basics like coats, shoes and underwear."  See NYT

What legal issues could arise for the U.S. sellers and the Australian buyers?

Wrong Takedown Demand

What happens if a person issues a copyright take down demand to a file sharing website such as Vimeo or YouTube, and it is wrong.  Potential liability for unjustified threats.
See Bell v. Steele
See also:  SMH Article and Note.

Telephone Numbers, Domain Names and Trade Marks

Have a look at this recent decision concerning a trade mark application for a telephone number:
1-800-Flowers.Com, Inc v Registrar of Trade Marks [2012] FCA 209
This case involves a dispute between 1300Flowers and 1800Flowers.
It reminds me of the domain name decisions concerning "Phonewords".  See for example:
the 1300fitness.com.au decision.

For Creators of Games, a Faint Line on Cloning

"Cloning the soul of a game — its gameplay mechanics, design, characters and storyline — is now commonplace in digital marketplaces like Apple’s iOS App Store and Google’s Android. And while the app stores have offered an unparalleled opportunity for independent software makers to reach customers and make money with an innovative game, they are learning it is just as easy for another game studio to compete with a very similar game."
See Full Article

Class 4 - Spam, crime and phishing

Next week we will be looking at spam, crime and phishing.

Please look at the relevant chapters of the textbook (chapter 11 and part of chapter 3) as well as the following materials.


Spam

Australian law - Spam Act 2003 (Cth)
US law - CAN-SPAM Act
EU directive - Directive on privacy and electronic communications (Article 13)
Australian Communications and Media Authority (ACMA)
Internet industry Spam Code of Practice

How effective are these laws?

Crime
Australian law - Criminal Code 1995 (Cth)Criminal Code 1899 (Qld)
Scale of cybercrime - Symantec report
Australian Federal Police
Lulzsec
Cost - here and here

Is cybercrime underreported? Australian Institute of Criminology

Phishing
Australian government - Scamwatch
Anti Phishing Working Group
Domain-based Message Authentication, Reporting & Conformance

What is the best way to respond to phishing - raising awareness, enacting legislation or cutting off scam emails before they arrive?

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...