Every business needs to have an online presence. Many use a variety of different platforms to promote themselves in new and innovative ways.
Tips for lawyers
- Be tech savvy; know what kind of block will be most effective.
- 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.
- 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.
- 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.
- 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.
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.
As new businesses develop and technology advances some principles still remain the same.
Recently a digital advertising agency was prosecuted by the Australian Competition and Consumer Commission in relation to the supply or possible supply of its advertising services. The advertising was to be done by way of digital displays at various shopping centres.
It`s important to pay attention to the way the personal information of your company is secured. If you mishandle the confidential information of your customers, it can cause them a financial or reputational loss and lead to a decreasing of trust and considerable harm to your good name.
It is well established under Australia law that secondary publishers can be held liable for defamatory material if they had actual or constructive knowledge of the defamatory matter. This was the crux of Dr Janice Duffy’s multi-year legal battle in the Supreme Court of South Australia with internet search giant, Google.
On October 13th, the Telecommunications (Interception and Access) Act 1979 (Cth) legislated for the retention of metadata by telecommunications carriers and internet service providers (telcos) for a mandatory period of two years. This data will then be made available to federal, state and territory police, Medicare, Councils in NSW, Worksafe Victoria, the RSPCA, the Tax Office, Australia Post, domestic spy agency ASIO, ASIC and many others when conducting criminal and financial investigations.
- Take the time to develop an understanding of the cyber threats that could affect your business.
- Work with your clients or board to create a solid cyber-security program that involves the board, management, IT team and employees. A holistic and inclusive approach is required to ensure that proper and functional policies are in place that can and will be complied with.
- Within this ever changing space, continued vigilance and attention to new and current methods, policies, systems and procedures is fundamental if organisations are to minimise the chance of a cyber-attack.
Small businesses are becoming increasingly vulnerable to unfair terms in standard form contracts. The Government has got closer to addressing this vulnerability by extending the unfair contract protection to include small business contracts. But what is a small business? And what types of clauses are void?
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.