Archives for: ‘Patrick Gunning’

Artifex Software v Hancom: Guidance from US District Court on enforcement of open source software licences

Open source software is regularly used as a way of leveraging the collective knowledge of the software development community by allowing anyone to improve and contribute to the code, provided they ‘pay it forward’ and allow their improved code to be used by the community. Open source software is often incorporated into proprietary software to avoid ‘reinventing the wheel’ – …

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Big data, big risk – investing in a “largely theoretical” industry

Between 31 May 2012 and 26 March 2013, an Australian husband and wife (Mr and Ms Vinson), through their self-managed superannuation funds, invested $1,250,000 and $1,625,000 respectively in a company that never earned any operating revenue. The company, Semantic Software Asia Pacific Limited (formerly Tralee Technology Holdings Pty Ltd) (Semantic), was a software company looking to establish itself in the …

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Insecure title: Don’t forget to register your security interest when supplying content on retention of title terms

A recent judgment from the NSW Supreme Court involving the lease of gas turbines is actually a useful and important reminder to content producers seeking to retain copyright in content provided to customers until those works are paid for. On the face of it, the decision in Forge Group Power Pty Limited (in liquidation) (receivers and managers appointed) v General …

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Australian Privacy Commissioner takes expansive view of jurisdiction in Ashley Madison case

Many regulators take an expansive view of their remit, and the Australian Privacy Commissioner has acted in this way in the Ashley Madison case. The Ashley Madison data security breach attracted enormous publicity worldwide, when details of approximately 36 million subscribers were published by hacktivists operating under the monicker “The Impact Team”. The company that ran the affected business is …

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Wi-fi tracking of students in Australia

Recent publicity about an Australian university’s practice of tracking the location of people connected to the university’s wi-fi network raises a mixture of policy and legal issues. The media report claims that the legal position is not clear, so this post is intended to help readers understand that position. The university’s spokesman is quoted as saying that they are “not …

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Cloud privacy – significant developments

There were two significant developments last week for the privacy in the cloud: The European Commission endorsed the EU-US Privacy Shield, which will replace the earlier Safe Harbor scheme that had been found wanting by the European Court of Justice in the Schrems decision. The 2nd Circuit Court of Appeals in the US decided that a warrant issued under the …

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What’s the Big Deal with Big Data? The OAIC’s Guide to big data and the Australia Privacy Principles

The Office of the Information Commissioner (“OAIC”) has released a consultation draft Guide to big data and the Australian Privacy Principles (the “Guide”). The draft Guide has been released at a time when many Australian businesses are exploring the potential of Big Data analysis for their business, and are grappling for the first time with some of the associated data …

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Computer implemented business methods – routine patent cases for the Australian courts?

A Full Court of the Federal Court of Australia appeared to suggest that patent cases involving claimed inventions for computer implemented business methods can be determined using an established framework and such cases are no longer at the cutting edge of patentability – that mantle has been assumed by gene technology. The case in point is Commissioner of Patents v …

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EU-US privacy safe harbor no longer safe

Our European colleagues have summarised the recent decision of the European Court of Justice dealing with the EU-US privacy safe harbor.  This is a big deal – the US Secretary of Commerce has been quoted as saying that the decision “puts at risk the thriving trans-Atlantic digital economy”. The plaintiff in the case, Mr Schrems, objected to Facebook Ireland transferring …

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