Archive for the 'IT Law' Category

Hollywood v ISP – iiNet held not responsible for its customers’ copyright infringement

Thursday, February 4th, 2010

Norton Rose
Today the Federal Court dismissed a claim by a multi-national alliance of motion picture and recording industry companies, represented by the Australian Federation Against Copyright Theft (AFACT), that iiNet, Australia’s third largest internet service provider, had authorised copyright infringement by failing to stop its customers from using the otherwise legitimate BitTorrent file sharing software [...]

Restraint of trade & ‘evanescent’ intellectual information

Monday, January 4th, 2010

EzyDVD P/L v Lahrs Investments Qld P/L & Ors
 
Their Honours Fraser JA and Fryberg and McMeekin JJ dismissed the appeal by the franchisor, with Fraser JA delivering the leading judgment.
 
The critical question as later appeared on appeal was summarised at paragraph 31 as follows:
 
“…whether it was reasonable to impose the particular restraint on competitive trade [...]

Trade Marks – Your Business Edge

Friday, November 27th, 2009

 
Further to my earlier posting about the practical utility of trade marks and names in protecting domain names, I refer you to this helpful e-booklet reproduced with permission from Edge Legal on trade marks.
 
Brisbane Barrister – David Cormack

Security for costs – domain name arbitration

Monday, November 23rd, 2009

Global Access Ltd v Educationdynamics, LLC & Anor [2009] QSC 373
 
Global Access Ltd the plaintiff was incorporated and registered in the Isle of Man with no assets. It commenced proceedings following an adjudication by the National Arbitration Forum that the domian name “elearner.com” be transferred from the plaintiff to the first defendant. The second defendant [...]

Call for submissions on second level domain names by auDA.

Wednesday, November 4th, 2009

Brisbane Lawyers Rostron Carlyle

auDA, the body that manages Australia’s domain name system, has invited people to submit proposals for the creation of new 2LDs in the .au domain space. Applications close 30 November 2009.

 
 

 
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Reproduced with the permission Brisbane Lawyers Rostron Carlyle in accordance with their terms and conditions of use.

David Cormack, Barrister