Category Archive for: ‘Copyright’
“Where women glow and men plunder…” are some of the iconic lyrics of Men At Work’s hallowed song ‘Down Under’. Down Under was a number one hit in the US, UK and Australia and is practically a secondary national anthem for Australians abroad. However, speaking of plundering, this classic song may in fact include a ‘substantial part’ of another Australian song.
Our previous post on The Pirate Bay discussed the decision of a Swedish court to convict the creators of the world’s most popular BitTorrent site, on the basis of aiding and abetting the copyright infringement of the site’s users.
Since 2003, the RIAA and major music labels have launched proceedings against approximately 35,000 users of online peer-to-peer (P2P) filesharing networks, including Kazaa. The majority of users have settled rather than going to court, agreeing to payments of between USD$3,700 and $5,200. However, Ms Thomas-Rasset refused to agree to a settlement and was the first user to take her case to court.
The French Constitutional Council ruled on 10 June 2009 that the Création and Internet Law (known more colloquially known as the “loi Hadopi” or the “three strikes and you’re out” law) was unconstitutional. Interestingly, the Council characterised free access to the internet as a human right, that could not be taken away by an administrative authority.
On 22 April 2009 the High Court delivered its decision in Ice TV Pty Ltd v Nine Network Australia Pty Ltd.
The Australian parody/satire fair dealing defence to copyright infringement was introduced in December 2006 (s 41A of the Copyright Act ). But does anyone really know what it covers? Humour is subjective, and there is a dearth of relevant case law in this country. Of course, the parody/satire defence doesn’t require a piece to be funny per se (although such a requirement could lead to interesting courtroom debates), and the nature of parody implies that the piece must at least be comedic in nature.
The Government has announced a restructure of the Federal Courts system, which will expand the Federal Court’s IP jurisdiction.
The Federal Magistrates’ Court will be merged into the Federal Court and the Family Court, so that all IP disputes will be heard at first instance in the Federal Court. The new Federal Court will have two tiers:
Between July 2005 and May 2006, The Pirate Bay website provided a filesharing service utilising the BitTorrent file transfer protocol. This protocol involves dividing a principal file (eg a MP3 music file) into segments, which can be identified and accessed by locating small “torrent” files containing metadata about the file to be shared and the computer distributing it.
Taking steps to protect your invention could seem like a hassle when you’re buzzing with excitement and want to tell the whole world about your great new idea. But it’s worth taking a moment to stop and consider how to best protect your invention, as this cautionary tale demonstrates.