See video
A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
Adsense HTML
User Generated Content and Opinions
A good article about TripAdvisor and its review system.
Using TripAdvisor
Using TripAdvisor
Netflix Facebook Blunder?
Netflix Inc said on Thursday securities regulators warned they may bring civil action against the company and its chief executive for violating public disclosure rules with a Facebook post, in a case that raises questions about how public companies communicate on social media.
The high-profile Silicon Valley CEO, Reed Hastings, dismissed the contention and said he did not believe the Facebook post was "material" information.
Fake Facebook Copyright Notice
See Pogues Blog and Facebook Statement. Facebook has not changed its rules regarding copyright ownership.
Google Street View Privacy Lawsuit
A privacy claim was made against Google for its StreetView product. A Google camera car drove on to private property to take the photos.
See Boring v. Google. Original Decision; Third Circuit decision
See Boring v. Google. Original Decision; Third Circuit decision
Is Law School Worth The Money?
See NY Times Article
"The graying of baby-boom lawyers creates opportunities. As more senior lawyers retire, jobs will open, even in the unlikely case that the law business doesn’t expand with an improving economy. More opportunity will open to women and minorities, too. As with any industry in transition, changes in the delivery of legal services create opportunities as well as challenges. Creative, innovative and entrepreneurial lawyers will find ways to capitalize on this."
"The graying of baby-boom lawyers creates opportunities. As more senior lawyers retire, jobs will open, even in the unlikely case that the law business doesn’t expand with an improving economy. More opportunity will open to women and minorities, too. As with any industry in transition, changes in the delivery of legal services create opportunities as well as challenges. Creative, innovative and entrepreneurial lawyers will find ways to capitalize on this."
You Can't Say That on The Internet
A BASTION of openness and counterculture, Silicon Valley imagines itself as the un-Chick-fil-A. But its hyper-tolerant facade often masks deeply conservative, outdated norms that digital culture discreetly imposes on billions of technology users worldwide.
See NY Times
See NY Times
Copyright First Sale Doctrine Reviewed by Supreme Court
Can United States copyright owners block importation of copies of their works sold or distributed outside of the United States?
Confronting this apparently straightforward question, the U.S. Supreme Court heard oral argument on 29 October 2012, that revealed complex interactions of the relevant statutes and the difficult consequences flowing from alternative interpretations of those statutes. Kirtsaeng v. John Wiley & Sons, U.S. No. 11-697. See oral argument transcript.
The case involves Wiley text books printed and sold in Thailand, and Kirtsaeng’s unauthorized importation and resale of those text books in the United States. Wiley sued, claiming that the importation was an infringement under 17 U.S.C. 602(a), and Kirtsaeng defended that he had a right to resell the publications purchased in Thailand under the first sale doctrine codified at 17 U.S.C. 109(a).
On review is the Second Circuit’s decision for Wiley that the text books printed in Thailand could not satisfy the limitation in Section 109(a) that the first sale right applies only to copies “lawfully made under this title,” which the Court interpreted as copies physically made in this country.
Google Liable for Defamation Based on Search Results
In a jury trial in Melbourne, Google was found to have defamed a Melbourne man by placing his photo next to underworld figures.
See SMH and WebProNews and IBT
See SMH and WebProNews and IBT
Australian Domain Name Resales
Top 10 public .com.au domain sales Source: domainerincome.com Hardware.com.au - $33,333 Electricity.com.au - $30,933 Currencyconverter.com.au - $27,500 Websitedesign.com.au - $22,000 1300numbers.com.au - $20,000 Vitamins.com.au - $20,000 Fridges.com.au - $20,000 Wines.com.au - $19,000 Carparts.com.au - $18,011 Freestuff.com.au - $18,000
See: SMH
Why are Google Maps So Much Better
This is a good post that explains why Google Maps are so good. And see also this Atlantic article. Some people have said that maps are the future of Google. Photos below of Google Street View Bike People and Hiker.
Software and Internet Patents
The U.S. Federal Circuit on October 9, 2012 granted en banc review of a case in which a Federal Circuit panel held that a claim must not be deemed inadequate under 35 U.S.C. §101 if, after taking all of the claim recitations into consideration, it is not “manifestly evident” that a claim is directed to a patent ineligible abstract idea. CLS Bank International v. Alice Corp., Fed. Cir., No. 11-1301, 10/9/2012. Alice Corp is an Australian company, suing for patent infringement in the United States.
The en banc court vacated the panel decision and requested briefing on the following questions:
-
What test should the court adopt to determine whether a
computer-implemented invention is a patent ineligible "abstract idea”;
and when, if ever, does the presence of a computer in a claim lend
patent eligibility to an otherwise patent-ineligible idea?
-
In assessing patent eligibility under 35 U.S.C. § 101 of a
computer-implemented invention, should it matter whether the invention
is claimed as a method, system, or storage medium; and should such
claims at times be considered equivalent for § 101 purposes?
[N]othing in the Supreme Court’s
precedent, nor in ours, allows a court to go hunting for abstractions by
ignoring the concrete, palpable, tangible, and otherwise not abstract
invention the patentee actually claims. It is fundamentally
improper to paraphrase a claim in overly simplistic generalities in
assessing whether the claim falls under the limited “abstract ideas”
exception to patent eligibility under 35 USC §101. Patent eligibility
must be evaluated based on what the claims recite,
not merely on the ideas upon which they are premised.
To read the Court’s order for en banc review, click here; to read a summary of the panel decision and obtain a copy of Judge Linn’s opinion, click here.
Hobart.com Domain Name Sale
An Australian domain name company has sold Hobart.com.au for $65,000 to a website hosting business after purchasing the website for just $875 back in 2005, highlighting the potential riches in buying and selling geographic domains.
See Article
See Article
Google Sued in New Zealand, and wins
Google NZ was sued for defamation. The lawsuit was dismissed on summary judgment, because it was decided that the Google NZ entity was not carrying on business in New Zealand and had no control over the search engine. The court left open the question of whether Google is responsible for defamatory material that it produces from its search engine.
See NZ Court Decision (A v. Google New Zealand Ltd) and comment.
See NZ Court Decision (A v. Google New Zealand Ltd) and comment.
Facebook Photo Removed
A business was found to have breached advertising standards in relation to a photo on Facebook. See Smart Company
Donuts Applies for Most gTLDs
The single most aggressive bidder for lucrative new web domains is a little-known investment group: Donuts Inc. Its $57 million play for 307 new domains - more than Google, Amazon and Allstate combined - has prompted alarm among industry groups and internet watchdogs.
See SMH
See SMH
Employees Violating Computer Misuse Policy
In July, the Fourth Circuit weighed in on the scope of the Computer Fraud and Abuse Act (CFAA) in
WEC Carolina Energy Solutions, LLC v. Miller and found that the CFAA is not broad enough to impose liability on an employee who has
lawful access to his employer's electronic information but later
misuses that information - such as by stealing the employer's electronic
trade secrets. In taking this narrow approach to the CFAA and siding
with the Second and Ninth Circuits, the Fourth
Circuit has widened the circuit split over whether the CFAA applies to
disloyal employees who violate the computer use policies of their
employer. In this Legal Alert, Audra Dial and John Moye discuss the
Fourth Circuit's recent ruling and its impact for employers
drafting computer use policies as well as companies pursuing trade
secret claims through the CFAA.
See kilpatrickstockton.com
See kilpatrickstockton.com
United States of America v Dotcom
United States of America v Dotcom [2012] NZHC 2076 (16 August 2012)
http://www.nzlii.org/nz/cases/NZHC/2012/2076.html
New Cyber Data Laws
See Cyber Data Law story.
"NEW laws will allow authorities to collect and monitor Australians' internet records, including their web-browsing history, social media activity and emails. But the laws, which will specifically target suspected cyber criminals, do not go as far as separate proposed laws designed to retain every Australian internet user's internet history for two years in the name of national security. Under the laws passed yesterday, Australian state and federal police will have the power to compel telcos and internet service providers to retain the internet records of people suspected of cyber-based crimes, including fraud and child pornography. Only those records made after the request will be retained, but law enforcement agencies will be prevented from seeing the information until they have secured a warrant."
"NEW laws will allow authorities to collect and monitor Australians' internet records, including their web-browsing history, social media activity and emails. But the laws, which will specifically target suspected cyber criminals, do not go as far as separate proposed laws designed to retain every Australian internet user's internet history for two years in the name of national security. Under the laws passed yesterday, Australian state and federal police will have the power to compel telcos and internet service providers to retain the internet records of people suspected of cyber-based crimes, including fraud and child pornography. Only those records made after the request will be retained, but law enforcement agencies will be prevented from seeing the information until they have secured a warrant."
Publicity Monster
An interesting story about a company that promised to improve your Google rankings.
See Publicity Monster Investigated.
See Publicity Monster Investigated.
Apple beats Samsung in Court - First Reactions
Apple won one of the largest patent damages awards against Samsung. First reactions. News Report. Will this impact the Australian court cases?
Copyright and the Digital Economy Issues Paper
The Australian Law Reform Commission (ALRC) released the Issues Paper for its current inquiry into Copyright and the Digital Economy.
Headed by Professor Jill McKeough (Dean of Law at the University of Technology, Sydney), the review is focusing on the suitability of current exceptions and statutory licences in the evolving digital marketplace.
See Note here.
Paypal Over Zealous and Uncaring?
From The New York Times:
Some PayPal Users Criticize Antifraud Measures Some of the payment service’s users say the company needlessly freezes their accounts when large transactions are involved. http://nyti.ms/QuD0EC
Subscribe to:
Posts (Atom)
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...
-
The United Nations intellectual property agency (WIPO) is the latest front in the US-China trade war. http://www.theage.com.au/world/sad-am...
-
The issue of content regulation in China was mentioned in this blog last year . In the last few weeks, this issue has once again pushed into...
-
Finally, what is called direct registration of domain names is coming to Australia. See https://www.auda.org.au/statement/australias-interne...