Category Archive for: ‘Technology’

The supply of a right to use source code

A Full Court of the Federal Court of Australia held recently that a fairly typical software distribution agreement did not confer on the distributor a right to use source code. One may ask why would the parties need to know? The answer lies in the application of royalty withholding tax to payments made by Australian taxpayers to Canadian software licensors. …

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E-tail & the details: consumer guarantees & overseas e-tailers

There wouldn’t be many people left who haven’t purchased something from overseas.  E-commerce is booming here and overseas.  But while it’s great for consumers and opens up new markets for businesses, it isn’t without its legal issues.  For example, do the rules preventing companies from misleading and deceiving consumers in Australia apply to statements made by overseas companies over the …

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Google around the world: privacy, e-commerce and the “right to be forgotten”

A panel of people appointed by Google is meeting in Madrid today to debate the balance between privacy and freedom of information. This is the first of seven meetings set to take place across various European capitals, instigated by the “internet giant” after the controversial “right to be forgotten” ruling of the European Court of Justice (“ECJ”) in May this …

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Serious Invasions of Privacy – a new Cause of Action in Australia?

The Australian Law Reform Commission (ALRC) released its final report on “Serious Invasions of Privacy in the Digital Era” (Report) yesterday, setting out the detailed legal design of a statutory civil cause of action for serious invasions of privacy.  In a report commissioned by the Gillard government in 2013, the ALRC recommends that the cause of action be enacted in …

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“D’oh!” The Simpsons are sued for Homer’s hologram

You may be familiar with Comic-Con, a worldwide organization that runs conventions for comic fans, made famous by geeks in dress up and legendary guest stars. Well, last month’s San Diego Comic-Con was made famous for another reason – a holographic appearance by Homer Simpson has led to The Simpsons being sued for patent infringement. D’oh indeed. On 26 July …

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8 things you need to do now that Facebook has banned “like-gating”

“Like our page!” is a phrase you see a lot on Facebook.  But following a change to Facebook’s Platform Policy last week, you may not see it as much.  Great news for users, but maybe not-so-great news for those businesses relying on like-gates to gain traction on Facebook.  Here are 8 things that all businesses on Facebook will want to think about now …

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Australian Flash Boy in contempt of court

As anyone who has read Michael Lewis’ latest book, Flash Boys, will know there is a lot of money to be made and lost through high frequency trading (HFT). Whilst the Australian securities market is structured and regulated quite differently from the US market described by Lewis, there is no doubt that Australia has had its share of ‘colourful’ Flash …

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WIPO program encourages research into neglected diseases

A novel WIPO program brings IP owners and researchers together to facilitate scientific research into neglected diseases, with the aim of bringing royalty-free treatments to least developed countries. 50 voluntary collaboration agreements have been signed in the 2 years of operation.

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15 minutes of fame: keeping “in-app” purchases in-check

The days of unauthorized in-app purchases are well and truly numbered, following a spate of private and regulatory enforcement action in the United States, and the issue being firmly on the agenda of regulators in the UK, EU and Australia. Our friends at our sister blog In Competition have written a post about this issue. For more, see here.

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