Playing catch up: last month saw some significant developments for online copyright infringement in Australia: First, Dallas Buyers Club’s lawyers announced it is no longer pursuing its court action to get prelimiary discovery of the contact details of the 4726 alleged infringers: it’s over; Secondly, Mr Burke from Village Roadshow announced that the proposed Graduated Response industry code has been shelved; Thirdly, Village Roadshow and Foxtel announced that they are.. Read More
The Full Court has dismissed Telstra’s appeal against “Yellow” being found descriptive of print and online directories.
Prof Andrew Christie is launching the auDRP Overview, an analysis of decisions under the auDRP on Wednesday 27 August 2014 at 9:15am.
The Full Court (Finn, Emmett and Bennett JJ) has unanimously allowed the appeal from Rares J’s finding that Optus TV Now did not infringe the copyright held by the AFL, the NRL and Telstra in broadcasts (or films) of the footy. Based on the summary, the Full Court has found that Optus either made the copies of the broadcast and films or Optus and the subscriber did so jointly. As.. Read More
At first instance, Rares J has ruled that Optus’ TV Now service does not infringe the copyright in broadcasts of the AFL or the NRL (its the first round only as, by agreement, leave to appeal to the Full Court was given to whichever party lost before the decision was handed down). The pressures of time mean that I can only provide a very brief synopsis at this stage: however,.. Read More
Follow last Friday’s post, in the twittersphere @wenhu points out that s 22(6) defines who the maker of a communication is: (6) For the purposes of this Act, a communication other than a broadcast is taken to have been made by the person responsible for determining the content of the communication. (6A) To avoid doubt, for the purposes of subsection (6), a person is not responsible for determining the content of a communication merely.. Read More
The media yesterday was splashed with stories about how Optus is threatening the flow of revenues to sports such as the NRL and the AFL through its TV Now service (for example, here and here and here). Hundreds of millions of dollars are apparently at stake. Basically, it looks like you download an “app” to your phone or computer and you can then record (or perhaps more strictly, instruct Optus to.. Read More
The transcript of Telstra’s unsuccessful application for special leave has now been posted here. The Sydney Morning Herald speculates that Telstra is seeking talks with the Attorney General “to close the loophole”. One consequence of the High Court’s revolution in copyright law is that the privacy regime which prevents the use of the Integrated Public Number Database (and IPND Industry Code) to create reverse-number directories has been undermined. As its name.. Read More
The High Court (Gummow and Bell JJ) refused Telstra’s special leave application this morning. Young QC for Telstra ran hard on the concurrent findings that there was human skill and effort in the collection and verification of the data. However, that ran up against Yates J‘s findings at  –  and Keane CJ’s findings at  – . At , Perram J had said: Had the tasks been attended.. Read More
On Telstra’s opposition to the grant of Amazon’s 1-click patent in Australia, the Commissioner’s delegate has found that: claims 1, 2 and 4 to 61 were invalid; but: It seems to me that the use to which server generated client identifiers [i.e., cookies] are put in the present invention is both an elegant and inventive way of achieving one action ordering functionality. Therefore I consider that any of the claims.. Read More