Archives for: ‘Technology, media, entertainment & telecommincations’

Facebook status update (Part 1): The legal battle behind Facebook Timeline

We think the folks at Facebook been busy.  From “Timeline” to “Typosquatters” to “Tight New Restrictions” on use of brand assets, there’s plenty for users to absorb.  This post is about Facebook’s Timeline lawsuit.  Stay tuned for our next two posts which will deal with “Typosquatters” and brand asset changes respectively. According to Facebook’s Form 10-Q (filed with the United …

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Orphans for sale – changes to UK copyright laws

What do dusty long-forgotten prints in the British Library, your latest Instagram masterpiece and Oliver Twist have in common? Answer: There’s a fair chance they’re all orphans. The term “orphan” is used to describe copyrighted material where the rights holder is not known or cannot be found after conducting a “diligent search”.  The UK has passed legislation which aims to …

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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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Neil Brooks and the Nine Network: Does ACMA offer sufficient vindication to current affairs program targets?

Current affairs programs like Today Tonight and A Current Affair enable ordinary Australians to voice their grievances in circumstances where traditional avenues to justice (i.e. the Courts) are increasingly out of reach. These programs are hugely popular. It follows that the more extravagant the allegation, the higher the ratings.  However, what happens if the allegations over-reach? A recent successful complaint against …

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Will filming Times Square now require negotiating with hundreds of copyright owners?

On 8 April 2013, The Motion Picture Association of America, along with the International Documentary Association and Film Independent, filed an amicus brief[1], supporting the NFL in their fight against (the very litigious!) Frederick Bouchat. Bouchat’s fight with the NFL and the Ravens (an NFL team) started many years ago in 1996, when he sent off a drawing he created …

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Why we can’t bring you an analysis of Tom Waterhouse’s defamation claim against Peter Fitzsimons and Fairfax

The Deputy Registrar of the District Court of New South Wales has refused IP Whiteboard’s non-party application to obtain from the court file a copy of Tom Waterhouse’s court complaint against Peter Fitzsimons and Fairfax (more officially known as proceeding No. 2012/284242). The decision tends to focus the mind on the balance between two potentially competing principles. In the right …

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A lesson in sharing: Google’s new AdWords policy

Imagine you are a well-known multinational company. You’ve worked long and hard to establish yourself as a market leader. You’ve taken advice from your trusty legal team to register your trade marks. You’re pretty proud of yourself for keeping up with new technology and have finally worked out how to use the Internet to best market your business. Why, then, …

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De-mining the DMCA’s Safe Harbor: UMG v Veoh

As well as being home to the world’s largest film and music companies, the US is the intellectual, entrepreneurial and technical leader of the digital age. There is an inherent tension between the media and IT industries, for it is the IT service providers, software companies and website owners whose services and infrastructure facilitate copyright infringement of their users. Herein …

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A Clause For Concern? Arbitration clauses and third-party IP claims

The Supreme Court of British Columbia recently considered a dispute over a software agreement where a licensor refused to indemnify a licensee for the licensee’s settlement of an intellectual property claim brought against the licensee by a third party. The licensor pointed to the licensee’s failure to give prompt notice of the third party claim and failure to take the …

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