The Secret – more forum wars

Late in July, Sundberg J found that Australia was clearly an inappropriate forum to litigate the dispute over ownership and infringement of copyright in the film and the book, The Secret.  Now there is an appeal on foot. To recap: interests associated with Ms Rhonda Byrne commenced proceedings in Australia claiming to be the owner […]

Stupefy!

in which the spell has landed …. Harry Potter’s creator, JK Rowling, and her movie producers have successfully obtained an injunction against the publication of The Harry Potter Lexicon.  The judge also awarded US$6,750. Marty has the text of Warner Bros Entertainment Inc. v RDR Books (SDNY 8 Sept 2008) here. IPKat has a short […]

Time shifting – remotely

For those who heard my brief summary of Cartoon Network v Cablevision, in which the 2nd Circuit found Cablevision did not infringe copyright in movies and other tv content by adding a “home” taping service for its subscribers, Prof. Raymond Nimmer provides a detailed critique arguing: This may be among the worst appellate court decisions […]

A case on computer software licences and back ups in Australia

A rare and interesting decision on the scope of (mainframe) computer software licences and s 47C (computer program back-ups) and s 47F (security testing) of the Copyright Act: RWWA (which runs the West Australian TAB).  SAG granted it a non-transferable, non-exclusive licence to run the ADABAS database management software on its mainframe computer.  This was the software used […]

IceTV transcript is up

and it certainly looks like House of Commons was right to warn database owners to be very afraid. Gummow J opened with a bouncer to Counsel for Nine Network, the respondent, pointing out that the House of Lords in Ladbroke v William Hill overruled Lord Diplock who was then sitting as Diplock LJ in the […]

IceTV in the High Court

The High Court has apparently granted special leave to appeal.   Lid dip, Kim (who also has a link to David Lindsay‘s slides). It can’t just be the “what is worth copying is worth protecting” rubric that requires reconsideration so maybe House of Commons is on to something with the injunction (presumably to database owners) to […]

The sky is falling

with apologies to Chief Vitalstatistix: ARIA’s half year figures for 2008 show that sales of recorded music are still falling – down 4% on the corresponding period last year. But guess what, the decline in sales of physical copies is almost all set off by the rise in digital sales: 12 million digital tracks up […]

Parody

Nicholas Suzor tries to work out where parody fits into Australian copyright law … here. A parody, or is it a satire ?, here.

Copyright owners versus ISPs

Reports today that the UK Government has ‘brokered’ a deal between copyright owners and ISPs forcing ISPs to take a more pro-active role in cutting off illegal downloaders … According to the IPKat things may be a little more complicated: at least one of the ISPs claims all it has agreed to do is write […]

Dollars v sense

The latest plans to extend copyright term in the EU seem to have fired up a collected who’s who of copyright academics … A band of intrepid professors have taken to the pages of the Times to point out why it’s a bad idea, via IPKat also having a go at performer’s rights Another group […]

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