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Google and Defamation and Jursidiction

Google Australia has a defamation case against it tossed out, on the basis that it is Google Inc. that is operating the search engine and Blogger.

See SMH

Informational Privacy on the Web

A Data Broker Offers a Peek Behind the Curtain
The Acxiom Corporation is to open a Web site that will allow individual consumers to see some of the information that the company has collected about them.

http://nyti.ms/17slfwv

Computer Implemented Method Patentable in Australia

RPL Central Pty Ltd v Commissioner of Patents [2013] FCA 871

Broadly, the claimed invention related to the assessment of the competency or qualifications of individuals with respect to recognised standards. It was implemented using a computer.

Claim 1 included the following steps:

(a)    a computer retrieving via the internet from a remotely-located server a plurality of assessable criteria associated with the recognised qualification standard, said criteria including one or more elements of competency, each of which is associated with one or more performance criteria;
(b)    the computer processing the plurality of assessable criteria to generate automatically a corresponding plurality of questions relating to the competency of an individual to satisfy each of the elements of competency and performance criteria associated with the recognised qualification standard;
(c)    an assessment server presenting the automatically-generated questions via the internet to a computer of an individual requiring assessment; and
(d)    receiving from the individual via their computer a series of responses to the automatically-generated questions, the responses including evidence of the individual’s skills, knowledge and experience in relation to each of the elements of competency and performance criteria, wherein at least one said response includes the individual specifying one or more files on their computer which are transferred to the assessment server.

The Federal Court of Australia today determined that this claim recited patentable subject matter.

Thredbo.com Decision

The Federal Court recently released its decision in the case brought by the owners of thredbo.com.au against thredbo.com.

The decision is: Kosciuszko Thredbo Pty Limited v ThredboNet Marketing Pty Limited [2013] FCA 563

realestate.com.au Federal Court decision

On Friday, the Federal Court of Australia handed down its decision in the realestate.com.au v. realestate1.com.au case.

The decision is [2013] FCA 539.

The case concerned a generic term, that was used as a domain name, but where significant advertising had built up recognition of the brand.  The Applicant lost on consumer protection grounds but was successful in relation to trade mark infringement.  The case shows the risks of using a dictionary term as a brand, and the importance of a trade mark registration.

"245    However that observation about the ordinary case does not really address (as neither Perram J nor Chesterman J were called upon to address) a situation where the highly descriptive nature of the second-level domain (“realestate”) makes a suffix such as “.com.au” essential to brand or name recognition. Consumers with some familiarity with realestate.com.au as a brand are likely to look beyond “realestate” and to the entire domain name in order to establish identity. A real danger of confusion again arises because in the scanning process which may occur on a search results page, some consumers will miss the indistinctive “1”. I have therefore concluded that the use of “realestate1.com.au” as part of an internet address on a search results page, constituted the use by Real Estate 1 of a mark that was deceptively similar to REA’s realestate.com.au trade marks."

Hotel Executive In Trouble over TripAdvisor reviews

A hotel PR person posted TripAdvisor reviews (mostly about restaurants) and got it serious trouble for it.  See stories here and here.

ASX rules on Social Media

The Australian Stock Exchange has continuous disclosure rules.  See Guidance Note 8, which has guidance about social media.  See also BRW article.

Are Online Reviews Reliable?

A recent newspaper article discusses whether online review websites, such as TripAdvisor, are reliable.

See Bad Reputation.

U.S. Patent Decision - The Alice Case

CLS Services v. Alice Corporation was decided yesterday by the Court of Appeals for the Federal Circuit, en banc.  See Judgment.  Alice Corporation is an Australian company.  Its U.S. patent was held to be invalid as it did not claim patentable subject matter.

"Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101."

There were a number of judgments.  The footnote to one judgment states:

"No portion of any opinion issued today other than our Per Curiam Judgment garners a majority. The court is evenly split on the patent eligibility of the system claims. Although a majority of the judges on the court agree that the method claims do not recite patent eligible subject matter, no majority of those judges agrees as to the legal rationale for that conclusion. Accordingly, though much is published today discussing the proper approach to the patent eligibility inquiry, nothing said today beyond our judgment has the weight of precedent."

Copyright in the Digital Era

A recent note on copyright:

Seven Copyright Principles for the Digital Era 
By John Villasenor. Brookings Institution, February 5, 2013 

YouTube redesign

YouTube has had a revamped look for channels in limited beta testing since early February, but it's now ready to spread the new-layout love to interested folks. Dubbed "One Channel," the design refresh places an emphasis on making a user's page look slick across different screen sizes and devices, adapting its style for the occasion -- yes, even on TVs. Along with a look that provides more visual breathing room, a wide image called Channel Art adorns the top of a page, giving the whole affair a stronger Google+ vibe. Now, channel owners can even snag a visitor's attention with a trailer that'll greet them if they aren't a subscriber. The refresh also introduces the ability to organize video playlists with custom sections. Raring to take Mountain View up on the fresh looks? Jab the second source link to get started. If you change your mind after taking the plunge, however, Google's letting users switch back to the old format for a limited time.


Why do you think that Google is doing this?

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...