Posts Tagged ‘ copyright ’

Copyright 2010: Moral rights and open licensing; graduated responses and the rule of law

Over the last two days, I have been at the Copyright 2010 Conference hosted by the CIPL at ANU and organised by Dr Matthew Rimmer. I presented two papers at this conference, one on moral rights and open licensing and another on graduated response schemes and the rule of law. You can grab my slides [ READ MORE ]

Casenote: Telstra Corp Ltd v Phone Directories Pty Ltd [2010] FCA 44

Kylie Pappalardo has an excellent case note on Telstra Corp Ltd v Phone Directories Pty Ltd [2010] FCA 44 (Full decision). This case continues the process that began when the High Court tightened the requirements of originality and authorship in IceTV, applying that logic to contain the previous FCAFC authority of Telstra v Desktop Marketing [ READ MORE ]

Big news: Fed Court of Australia rules no copyright in telephone directories

Warwick Rothnie is reporting that the Federal Court has declined to follow Desktop Marketing (which held that telephone directories were protected by copyright in 2002) in light of the High Court’s decision in IceTV (which held that copyright was not infringed by taking time and title information from a timetable). Decision is here: Telstra v [ READ MORE ]

iiNet: What of the safe harbours?

Justice Cowdroy’s decision in Roadshow v iiNet held that a person who provides facilities that are used for infringement but does not play a more active part — for example by intentionally designing the system to profit, or providing facilities in circumstances where there are only limited non-infringing uses, or explicitly inviting or promoting the [ READ MORE ]

iiNet did not ‘authorise’; providing internet access is not providing the ‘means’ of infringement’; safe harbours are effective

[ edit: full decision is now available: Roadshow Films Pty Ltd v iiNet Limited (No. 3) [2010] FCA 24. More commentary to come. ] More analysis on iiNet, after I have seen the written summary of the judgment. Justice Cowdroy found that iiNet did not ‘authorise’ the infringements of its users. In coming to this [ READ MORE ]

MyTVR launches; but is it legal?

MyTVR have now launched their Australian service, which allows Australians to schedule free-to-air television programmes to be recorded by the company and stream the recording to their home PCs or mobile devices. The interesting question is whether MyTVR’s service is legal for Australians to use (and, of course, legal for MyTVR to offer) under Australian [ READ MORE ]

ACTA copyright negotiations underway still secret, still worrying

[ Reposted from EFA blog ] The new round of Anti-Counterfeiting Trade Agreement (ACTA) negotiations has started in Seoul. This round sees the introduction of the long-anticipated internet enforcement measures, which the US has drafted in secret. Michael Geist reports that the draft text is modeled on the US – South Korea free trade agreement, [ READ MORE ]

A short story about the Olympics and non-commercial CC photos

  • October 15th, 2009
  • Posted in Uncategorized

copyright, chilling effects, cease and desist, IOC, olympics, photos, photographs Richard Giles has a few posts on his blog about a matter you may have heard about. Richard took some photographs at the Beijing Olympics and posted them on his Flickr account. Last week he was sent a rather forceful cease and desist letter from [ READ MORE ]

ZDNet Twisted Wire interview

This week I was interviewed by Phil Dobbie for ZDNet's Twisted Wire program. Also interviewed were Peter Coroneos from the Internet Industry Association and Adrianne Pecotic from AFACT. You can listen to the podcast (direct link (mp3)). One thing I found disturbing about this interview was AFACT's suggestion that the law was clear and that [ READ MORE ]

Australia opposes treaty to enhance access of blind people to copyright material

  • May 30th, 2009
  • Posted in Uncategorized

[ Reposted from EFA site ] Cory Doctorow is reporting that Australia is part of a group of countries that are opposing a treaty that would ensure that people with a print disability have greater access to published copyright material. The draft treaty (MS Doc; Google cache here) includes several important clauses, including: an exception [ READ MORE ]

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