Site blocking under the Copyright Act 1968: silver bullet or pop gun?

[fa icon="calendar'] Nov 29, 2017 3:13:03 PM / by Tal Williams posted in Business Corporate & Commercial, Intellectual Property Protection, Media & Communications

Tips for lawyers
  1. Be tech savvy; know what kind of block will be most effective.
  2. Cover all bases; the primary purpose test and the discretionary matters in subsection (5) mean you need evidence about the website, its owner and its functions.
  3. Investigate; no matter how hidden they are, you need to at least make reasonable efforts to determine the website operator’s identity and notify them of the proceedings.
  4. Co-operate with the ISPs; this is a no fault provision- therefore, the proceedings don’t have to be adversarial. The more issues that can be agreed, the easier the application will be.
  5. Think past the orders; have a mechanism in mind for expanding/modifying the initial orders to cover domain shifting etc.

Online copyright infringement has been a problem for content owners since the inception of the internet. The unauthorised downloading (and uploading) of copyright material is especially prevalent in Australia, where a 2015 survey estimated that Australians download movies, songs and television programs in the hundreds of millions each year.1 While content owners have been criticised by some for not making content available in Australia (or making it available at a comparatively inflated price), the unauthorised downloading of copyright material is a clear infringement of content owners’ rights.  

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Innovation in Law, the Process of Disruption.

[fa icon="calendar'] May 30, 2017 4:44:54 PM / by Holman Webb posted in Business Corporate & Commercial, Commercial Recovery & Insolvency, Franchising & Retail, Banking & Finance, Food Law, Health, Aged Care & Life Sciences, Insurance, Intellectual Property Protection, Foreign Investment & Migration, Govenment, Media & Communications, Workplace Relations, Dispute Resolution and Litigation, Third Sector: Not-for-Profit and Social Enterprise, Property, Technology Law

Greg Malakou, Holman Webb CEO, speaks to Business First magazine about how innovation not only gives Holman Webb a competitive advantage in the market but is also fundamental to the firm’s growth strategy.

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Technology Update: Outsourcing Involving Shared Computing Services for APRA regulate institutions (including Cloud services).

[fa icon="calendar'] Sep 16, 2015 11:34:48 AM / by Tal Williams posted in Business Corporate & Commercial, Insurance, Intellectual Property Protection, Technology Law

On the 6th July 2015, Australian Prudential Regulation Authority (APRA) released an Information Paper in relation to Outsourcing. It noted that in recent years there has been a significant change in the way that technology is being employed with shared computing services (SCS) being increasingly utilised by a range of business entities.

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Use of Photos from Another's Twitter or Internet Page

[fa icon="calendar'] Sep 1, 2015 12:16:00 PM / by Tal Williams posted in Business Corporate & Commercial, Intellectual Property Protection, Media & Communications, Technology Law

Another reminder has been sent by the Courts confirming that publication of photos on Twitter on or other web pages does not entitle the world at large to use or republish those photos.

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Technology Law - Email Correspondence Found to Form a Binding Agreement in Relation to the Purchase of Land

[fa icon="calendar'] Aug 6, 2015 3:17:23 PM / by Tal Williams posted in Business Corporate & Commercial, Intellectual Property Protection, Technology Law

The Supreme Court of Queensland has recently been asked to consider whether or not an exchange of emails between a potential purchaser and the agent of a vendor was sufficient to create a legally binding contract. The first question answered by the Court was whether or not the facts of the case supported the finding that a contract existed, and second whether or not that contract could be created on the mere sending of emails. In this case, there was no formal contract for the sale of land.

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3D Printing at Home – Who is Responsible for Defective Manufacture?

[fa icon="calendar'] Jul 30, 2015 9:57:07 AM / by Tal Williams posted in Business Corporate & Commercial, Intellectual Property Protection, Technology Law

3D printing has been around in one form or another since 1984, when a process was introduced to transfer digital data into tangible objects. While initially utilised in experimental, technical and scientific endeavours, the technology has advanced to a point where “home printing” and desktop scale printers have been introduced to the market. The technology is now readily available to the consumer.

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Cyber Resilience - ASIC Report

[fa icon="calendar'] Apr 20, 2015 9:05:00 AM / by Tal Williams posted in Business Corporate & Commercial, Intellectual Property Protection

Readers may recall a short article that was published in our Corporate and Commercial newsletter on Cyber Security which drew attention to the steps that can be taken in order to assist in the prevention of cyber-attacks (please click here to read this article). Further to that article, ASIC has recently published a report on cyber resilience which is intended to help regulated organisations improve their ability to prepare and respond to cyber-attacks.

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Protecting Software in the Digital Age - University of New South Wales v Moorhouse; APRA v Jain

[fa icon="calendar'] Aug 28, 2014 11:27:00 AM / by Grant Hansen posted in Intellectual Property Protection

Intellectual property rights include patents, trade marks and copyright. The Copyright Act 1968 (Cth) grants exclusive rights in the copyright owner, including the right to use, reproduce and publish works. Copyright exists in original works, such as computer programs.

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