Pagone J has awarded Pokémon $1 in damages and 70% of its costs from Redbubble for misleading or deceptive conduct and copyright infringement. An interesting aspect of the case is that Redbubble’s implementation of a notice and take down scheme under the DMCA didn’t save it from liability, but did influence the ruling on remedies.
Product Management Group (PMG) has lost its appeal from Middleton J’s finding that it infringed Blue Gentian’s innovation patents for a self extending/collapsing garden hose. The appeal seems like a fairly straightforward application of construction principles and demonstrates, yet again, how slender an innovation need be to secure a monopoly for eight years. There may, however, be a question for the future whether or not the “substantial contribution” to the.. Read More
Government gives industry last chance to agree industry code before imposing one and will introduce injunctions to block access to 3rd party websites
Opposition to the “extended authorisation” liability proposal is apparently unanimous
The online copyright infringement discussion paper has been released officially.
Some 5 years after it went hunting, Tamawood has successfully sued Habitare (now with administrators and receivers and managers appointed) for infringing copyright in house plans. Copyright in some plans was infringed (Torrington v Duplex 1 & Duplex B); but not in others (Conondale / Dunkeld v Duplex 2 & Duplex A). One point of interest: Habitare commissioned Tamawood to develop plans for 2 new houses for it. These plans.. Read More
Now I’ve had some time to look at the Roadshow decision, I think it falls near the territory of the House of Lords’ Amstrad ruling but doesn’t go as far as the Supreme Court of Canada’s CCH Canada ruling. The only issue before the High Court was whether or not iiNet (the ISP) was liable for authorising the infringements of copyright committed by 11 of its subscribers, who made available.. Read More
The High Court has unanimously dismissed Roadshow’s appeal in the case against iiNet. On a first look, there are some references suggesting that our law is being brought back in line with the UK (CBS v Amstrad) and Canada (CCH Canada v Law Society of Upper Canada). Consideration will have to await further review. Although unanimous, there are 2 judgments: as in iceTV, French CJ, Crennan and Kiefel JJ in.. Read More
The US Supreme Court has ruled that liability for inducing infringement of a patent under US law requires knowledge of the patent or something called ‘wilful blindness’ to the patent’s existence. Patently-O summarises and includes a link to download Global-Tech Appliances, inc. v. SEB S.A. Now, I do know that their law is different to our law. For a start, under our law infringement can lie in ‘authorising’ the infringer, not (just).. Read More
The film studios have announced they have sought special leave to appeal from the Full Federal Court’s 2-1 decision dismissing their claim that iiNet infringed their copyright by ‘authorising’ its subscribers’ infringing activities. AFACT press release iiNet press release. Meanwhile, the iiA is still working on a workable solution for the future.