Archives for: ‘John Swinson’

Meme money: New currency wears sunglasses

The explosion of interest in bitcoin and other cryptocurrencies has continued to expand. The latest is Coinye, inspired by rapper Kanye West. We take you through its rapid rise, evolution into a half-man-half-fish hybrid and sudden fall after Kanye West sued the developers.

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Wikileaks releases highly anticipated IP Chapter of the Trans-Pacific Partnership Agreement

Adding to what was already going to be a big month for the Trans-Pacific Partnership Agreement (“TPP”), Wikileaks recently published a draft of the controversial Intellectual Property Chapter (“IP Chapter”). Arguably “the most significant international commercial agreement since the creation of the World Trade Organization in 1995”, the TPP is a treaty which aims to establish a free trade zone …

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The internet just got bigger: Further developments in the gTLD space

New domain spaces are in the process of being introduced.  Over the past few weeks, the first “sunrise” periods have opened for new domain name spaces called generic top-level domains (gTLDs).  ICANN has also delegated the first four of its new gTLDs by introducing them into the Internet’s Root Zone. Businesses and brand owners should take care to make sure …

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Software Patents Strike Back – RPL Central v Commissioner of Patents

It’s been a busy year in software patents, all over the world. We’ve had decisions on this issue in Australia, headlined by Research Affiliates in February, and in the US the Federal Circuit split 5:5 in a case concerning an Australian company, Alice v CLS Bank in April. More recently, the New Zealand parliament passed a new Patents Act which …

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Patentability of Computer Software – Upheaval in US Courts

The patentability of computer software is a hot topic in Australian courts at the moment. However, we aren’t alone in struggling with this controversial issue. On 10 May 2013, the United States Federal Circuit issued an en banc decision in CLS Bank International v Alice Corporation Pty Ltd that rendered the claims of four ‘software patents’ invalid, for not defining …

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No defamation or discrimination liability for Google Australia

The Federal Court has found that Google Australia has no ability to control or manage the Google search engine and has therefore dismissed defamation and discrimination claims against the search giant.  King & Wood Mallesons’ John Swinson and Anthony McKew examine the case and its implications here.

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Busted as bro…First ruling under NZ’s ‘three strikes’ copyright infringement laws

Busted as bro… First ruling under NZ’s ‘three strikes’ copyright infringement laws A New Zealand Rihanna fan has the dubious honour of being one of the first people to have an enforcement action brought against her for breach of copyright under the Copyright (Infringing File Sharing) Amendment Act 2011 (NZ), the most recent addition to New Zealand’s copyright laws.  These …

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Precious Merchandising Rights: One Licence to Rule Them All

J.R.R. Tolkien’s “The Hobbit” and “Lord of the Rings” novels fascinated generations of readers long before the arrival of Harry Potter.  The commercial and critical success of the books was matched by the Lord of the Rings films, which collected 17 Academy Awards between them and are the highest grossing trilogy of all time (even beating the “Star Wars” series).  …

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First P2P file-sharing jury trial in the US: Damages of US$220,000 reinstated

Since our post on Ms Thomas-Rasset’s case back in 2009 (Capitol Records Inc v Thomas-Rasset) here, the amount in damages that she has been ordered to pay to the major music labels for copyright infringement has changed several times.  In the first instance she had been ordered to pay USD$220,000 but the verdict was annulled and a retrial was ordered on the basis the jury had been given faulty instructions.

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