IPwars.com

Mainly intellectual property (IP) issues Down Under

Procul Harum: paler shade of white afterall

In its last ever IP judgment, the House of Lords restored Matthew Fisher’s claim to a declaration that he owned 40% of the copyright in Whiter Shade of Pale, after the Court of Appeal found his claim barred by delay. IPKat has an extensive post and explanation. As summarised by IPKat, their Lordships focused on the fact that Mr Fisher was seeking a declaration and not an injunction. In doing.. Read More

Kookaburra gets the Vegemite sandwich

Jacobson J has upheld Larrikin’s claim to be the owner of copyright in Kookaburra sits in the Old Gum Tree,  which means, at least, that Larrikin has standing to sue Men at Work et al. for infringing copyright in that music. Larrikin alleges that Men at Work’s Down Under (you know, unfurl the Boxing Kangaroo, declare a national holiday and have a beer with Bondy) infringes the copyright in “Kookaburra”… Read More

How to find whom to send DMCA notices to

Plagiarism Today outlines 6 steps to try and identify the person you should be sending “notice and take down” notices under the DMCA to. Apart from complaints under the DMCA there could be some useful hints (apart from the inquiry to the Copyright Register) under our scheme. Although, of course, under reg. 20C the carriage service provider is supposed to publish those details in a prominent place on their website… Read More

Google and facilitating or authorising

DesignTechnica operates bulletin boards. The plaintiff alleged that some postings on the bulletin boards defamed it. In addition to suing DesignTechnica, the plaintiff sued Google for libel by reproducing snippets of the (allegedly) defamatory material in search results. Eady J, sitting in the Queen’s Bench Division,  dismissed the plaintiff’s claims against Google on the grounds that Google did not publish the material. The case obviously turns on the requirements for.. Read More

The Digital Economy Down Under

Minister Conroy released on 14 July a report Australia’s Digital Economy: Future Directions, which he has described as a road map for Australia’s digital economy future. Amongst other things, in (sort of, kinda, a bit) similar vein to the EU’s Commissioner Neely, the report notes: The digitisation trend is changing customer habits and expectations. Increasingly, they expect an on demand experience, that is, the ability to enjoy what they want, when.. Read More

Confidentiality, unconscionability and contract

Telstra and Optus have an interconnect agreement, in part to regulate how callers originating from one network get delivered to the other, charges and the like. Optus successfully sued Telstra for misusing Optus’ confidential information under the agreement: information about call traffic between the two networks. (You should look at that judgment as it illustrates the two-edged nature of many definitions of confidential information.) In this part of the fight,.. Read More

IceTV talk

Trying out a new experiment: For such use as they may be, here are the slides for Monday’s talk to the VSCL on IceTV I’m afraid there’s no audio. IceTV The New Law of Copyright in Australia View more presentations from Warwick Rothnie. Here too is the link to RailCorp’s complaints about the Sydney Transit iPhone app. Another way of trying to deal with (part of) the problem.

Productivity Commission on parallel imports (books)

The Productivity Commission’s report has been released: Copyright Restrictions on the Parallel Importation of Books Key Points Media Release On a quick view, now they recommend repeal after a 3 year transition period: Whereas the Commission’s draft report had proposed a partial liberalisation of the import restrictions, following further evidence, the final report recommends their repeal, with the industry having a period of three years to adjust before the changes.. Read More

Help Help I don’t have a copyright

The State of Victoria passed regulations requiring licensed taxis to be fitted with an alarm system that played the message (and only played the message) “Help-Help-Driver-in-Danger-Call-Police-Ph.000” It would appear the wording of the particular message derived from Pacific. Pacific sought licence fees in the Copyright Tribunal pursuant to the Crown Use provisions. That proceeding was adjourned pending resolution of court proceedings to determine if copyright subsisted in the text of.. Read More

What the EU Commissioner said on the Internet and Downloading

Commissioner Reding, the EU’s Commissioner for information society and media, has attracted a degree of attention planning an overhaul of internet downloading rules. Her comments were part of a wide ranging speech on what the EU is doing and will be doing about broadband, access and …. So, what did she actually say? After identifying access to digital content as the first of 4 priority issues, Ms Reding said: 1… Read More