www.computerlaw.com.au

aas

2011-05-11T10:18:35+10:00

If you or your clients need an address for service in Australia for patent, design, trade mark, or plant breeder’s rights application, we can assist. White SW Computer Law has provided address for service facilities for Australian and overseas clients, law firms and patent attorneys and trade mark attorneys since 1994.

aavisis

2011-10-28T08:05:00+10:00

When parties are in a dispute, before their matter is heard by the court at trial, it is possible for an application to be made to the court to prevent one or more parties from doing or continuing to do something that may be worsening the damages being suffered by another party to the dispute.

act

2011-05-17T16:42:17+10:00

* Magistrates Court Act 1930 (Act) * Supreme Court Act 1933 (Act)

adra

2011-02-14T07:15:32+10:00

Introduction In Australia, asn.au, com.au, edu.au, id.au, net.au and org.au domain names are licensed subject to the .au Dispute Resolution Policy (“auDRP”), which aims to provide an alternative to litigation for the resolution of domain name disputes.

advice

2011-04-29T18:21:44+10:00

We provide a range of practical advice based on 20 years experience of solving our client's problems. Our commercial objectives are: Opportunity/ProblemObjectivesCommercial DealClose the transaction as soon as possible for the best commercial outcome. eg. the best profit/risk profile available. This can include accepting agreements “as is” with a full understanding of the relevant risks and considering alternative ways to mitigate any such risks DisputeSettle the dispute as soon as possibl…

agreements

2011-04-29T18:25:04+10:00

Our firm frequently reviews and provides the following agreements * Intellectual Property Agreements (copyright, patent, design, confidential information) including: * licenses; * assignments; and * transfers * Software Agreements including * licenses; * development; * support; * SaaS; * end user licence/service agreements (EULA); * Reseller; * Partner; * Distribution; and * Escrow.

arbmed

2011-10-11T00:41:54+10:00

What is Arbitration? Arbitration is a formal dispute resolution process, which is governed by legislation. Arbitration is more flexible than litigation in that the processes followed can be tailored to the dispute, based on the size and complexity of the dispute.

australia_links

2011-02-14T07:16:24+10:00

Australian Links ACT Office of Fair Trading [[

australian_links

2011-06-06T11:56:27+10:00

Australian Links A * ACT Office of Fair Trading * Agenda for New Manufacturing * Australian Computer Society * AusIndustry * Austrade * Australian Advisory Council on Intellectual Property * Australian Broadcasting Authority - Australia's radio, television and internet regulator * Australian Communications and Media Authority * Australian Copyright Council * Australian Federal Government * Australian Government Attorney-General's Department - eNews on Copyright - Current …

australshipsclaims

2011-06-09T10:01:39+10:00

1. A hull for multi-hull seagoing vessels capable of speeds greater than 30 knots (1.1) , wherein: in the case of the sternward half of the hull, located between the stern and midships of the hull, the vertical distance from the hull base line to the volumetric centre-of-gravity of that part of the respective half of the hull below a water line corresponding to a normally occurring hull draft is greater than 55% of the normally occurring draft (1.2);

austswlic

2011-02-14T07:09:52+10:00

Steve White, Principal - White SW Computer Law Trade between the US and Australia is ever increasing and with the spread of commerce to the Internet there are interesting issues which will arise with respect to software licensing and other intellectual property rights. If your clients propose to licence Intellectual Property in Australia then this article should highlight some risks and some substantial differences between Australia and the USA.

banking_and_finance_legislation

2011-07-01T22:14:17+10:00

* Personal Property Securities Register * Personal Property Securities Act 2008 (Cth) Background and Key Concepts

bbe

2011-10-17T10:43:32+10:00

Steve White, Principal - White SW Computer Law This paper is a brief overview of some of the legal and practical issues that should be considered when planning to avert or recovering from an information technology disaster. It is not proposed to cover electronic service providers which are covered later in the conference.

bestpracslic

2011-10-17T10:22:25+10:00

Steve White, Principal - White SW Computer Law Software distribution via the Internet is becoming more common as e-commerce expands globally. Suppliers are able to cut out the middleman and consumers are able to access the most up to date version of the software at the time of purchase. It sounds like all parties should be pleased with this form of distribution, but have they considered whether the “click wrap” agreement that they probably used to conduct the transaction is enforceable?

bmeth

2011-02-14T07:19:10+10:00

Steve White, Principal - White SW Computer Law Patentability of business methods in Australia Current Patent Office practice The Patent Manual of Practice & Procedures outlines the current Patent Office practice regarding business methods, however the manual has not been updated since the latest decision in this matter was handed down in July 2006 and may be amended when this type of patent is next before the Commissioner.

breach_of_confidence

2011-11-04T01:29:02+10:00

* Commonwealth v John Fairfax & Sons Ltd ("Defence Papers case") * ABC v Lenah Game Meats Pty Ltd

brochures

2011-06-03T17:41:56+10:00

The following electronic brochures provide information about our services and solutions to some of the problems you may facing. * Alternative Dispute Resolution * Confidential Information * Defective Software * Domain Names * Email & Internet * Employment Contracts * Escrow Agreements & Services * Information Technology Copyright * Multimedia Issues * Privacy Laws * Software Licensing Agreements * Trade marks * Trade Practices Act * What is Intellectual Property? * …

bullet

2011-10-17T10:48:34+10:00

case_links

2011-05-23T17:11:07+10:00

* * * A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A A2B Telecommunications Pty Ltd v Hinkley & Anor * Full Judgment * Discovery of electronic documents (October 2006) * Discovery of electronic documents (February 2006) * Discovery of electronic documents (2001) * New Age Assets - New tricks for Liquidators

censorship

2011-06-01T18:41:41+10:00

* Broadcasting Services Act 1992 (Cth) * Broadcasting Services (Digital Television Standards) Regulations 2000 * Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (Cth) * Classification (Publications, Films and Computer Games) Regulations 2005

cinfo

2010-10-31T07:53:06+10:00

What is Confidential Information? An obligation to keep information confidential does not arise solely from the nature of the subject material but also from the method of disclosure. What protection do I have? Confidential information has similar protection as for other intellectual property rights such as copyright. It is protected regardless of whether you have a written contract or not.

circuit_layouts

2011-06-09T18:17:46+10:00

* Circuits Layouts Act (Cth) 1992 * s25, Use for purposes of defence or security * Circuit Layout Regulations 1990 * December 2, 1991 - Re Avel Pty Limited; Capcom Co Limited and Tad Corporation Limited v Jonathan Wells [1991] FCA 59

claims

2011-11-04T01:25:44+10:00

* Passing Off * Breach of Confidence

classaction

2011-02-14T07:25:38+10:00

Steve White, Principal - White SW Computer Law 1. INTRODUCTION Class actions have the potential to: * Make it economic for small claims to be litigated and thereby increase access to justice; * Assist in the efficient allocation of legal resources. * Promote compliance with the law by providers of goods and services;

clients

2011-03-24T09:17:50+10:00

Who are our clients? Our clients are: (a) intellectual property, information technology and telecommunications businesses (b) intellectual property, information technology and telecommunications professionals; and (c) businesses and governments departments who use intellectual property, information technology and telecommunication resources.

commercial_law

2011-07-19T05:58:05+10:00

* IP Australia Business Name Check - See if your business or company name potentially infringes a registered trade mark

commerciallitigationlegislation

2011-05-30T18:50:28+10:00

Commonwealth * Corporations Act * s232 Grounds for Court order (oppression) * s267 Charges in favour of certain persons void in certain cases * s257A The company's power to buy back its own shares * s420 Powers of receiver * s420A Controller's duty of care in exercising power of sale * s477 Powers of liquidator

competitors

2011-10-17T10:52:50+10:00

Steve White, Principal - White SW Computer Law Whether or not a software developer is free to develop a software program for a client that is similar to a program which was previously developed by them for another client is determined by issues such as (a) the contractual obligations owed to the original client, (b) who is the copyright owner of the source code (including library code) and (c) whether the original program was written using confidential information supplied by the original clien…

contract

2011-06-23T06:47:08+10:00

Steve White, November 1996 Introduction A project suddenly takes off and you needed to finalise your contractual arrangements last month. What can you do? How can you best protect your position? In this paper, we will examine the essential elements of a contract and the options available to the parties to provide a legal framework so that the project can be successfully completed on schedule.

contractor2

2006-12-09T02:57:56+10:00

Steve White, Principal - White SW Computer Law The move towards contracting in the Information Technology industry has given IT professionals far greater input as to the terms and conditions of engagement, but many people do not make the most of that bargaining power and agree to sign agreements drafted to protect the interests of the employer. Being a contractor is fundamentally different to being an employee. Contractors are more likely to be sued but have greater flexibility in relation to i…

contractors

2006-12-09T02:57:56+10:00

Steve White, Principal - White SW Computer Law INTRODUCTION Being a contractor is fundamentally different to being an employee. The fact that you are a contractor has intellectual property ownership, tax and superannuation consequences and increases the possibility of claims against you for negligence and contractual breach. From an employer viewpoint the contract relationship offers risk sharing, tax relief and the need for greater intellectual property understanding and supervision.

contracts

2006-12-09T02:57:56+10:00

Steve White, Principal - White SW Computer Law Execution of Contracts When you execute (sign) a contract on behalf of a company, it is important that it is done properly so that you and others can rely on the contract being properly executed. If you intend to execute the agreement by the fixing of your company's common seal to the document, the seal must be fixed and witnessed by:

contractsummary

2011-06-23T07:14:03+10:00

* (Elements) Contracts on the Run * (Interpretation) Pacific Carriers Ltd v BNP Paribas [2004] HCA 35 * It is not the subjective beliefs or understandings of the parties about their rights and liabilities that govern their contractual relations. * What matters is what each party by words and conduct would have led a reasonable person in the position of the other party to believe. * References to the common intention of the parties to a contract are to be understood as referring to…

contractual_interpretation

2011-10-26T04:55:21+10:00

* Codelfa Construction Pty Ltd v State Rail Authority of NSW, Mason J * (The law does not) take into account the actual intentions of the parties * for the very good reason that an investigation of those matters would not only be time consuming * but it would also be unrewarding as it would tend to give too much weight to these factors at the expense of the actual language of the written contract.

copyit

2011-06-09T18:23:41+10:00

Copyright is protected in Australia by the Copyright Act 1968 (Cth). That act, defines amongst other things, what may give rise to copyright, what is considered to be an infringement of copyright and the duration of copyright. Ignorance of the law is no defence.

copyleft

2006-12-09T02:57:56+10:00

Steve White, Principal - White SW Computer Law In Australia, copyright protection arises as soon as an original copyright work is created. The copyright laws dictate who the copyright owner is and how long the protection lasts. Copyleft is a form of licensing by which the copyright owner may waive their rights and allow other people to share and make further amendments to the work. The concept of Copyleft is used particularly in relation to software. The idea behind Copyleft is to ensure that a…

copyright

2011-06-09T18:24:56+10:00

* Copyright Question and Answers * Copyright Act 1968 (Cth) * Ownership of copyright in original works * s36, Infringement by doing acts comprised in the copyright * s115, Actions for infringement * s134, Limitation of actions in respect of infringement of copyright * s183, Use of copyright material for the services of the Crown * s202, Groundless threats of legal proceedings in relation to copyright infringement

corptort

2011-02-14T07:21:32+10:00

Steve White, Principal - White SW Computer Law 1. INTRODUCTION Tort has been used for many centuries to protect the person and personal interests in property. Financial, economic and trading interests have more recently been brought within the realm of tort, which continues to develop, albeit with a degree of contention.

crart

2011-10-17T10:50:46+10:00

Steve White, Principal - White SW Computer Law If a company is found to have infringed the copyright owned by another party the directors of that company may be found personally liable for such infringements by authorising or procuring such conduct by or on behalf of the company.

customer

2006-12-09T02:57:56+10:00

Steve White, Principal - White SW Computer Law As a customer planning for and implementing an information technology project, there are a number of issues, which should be considered and implemented to ensure that the project is successfully completed.

damages

2011-11-21T03:30:14+10:00

* Damages are calculated on different basis depending on the claim in suit. * Hadley v Blaxendale * first limb * Where two parties have made a contract which one of them has broken, * the damages which the other party ought to receive in respect of such breach of contract should be * such as may fairly and reasonably be considered either arising naturally, * i.e., according to the usual course of things, * from such breach of contract itself, * or such as may r…

defamationacts

2010-09-03T00:54:54+10:00

The relevant defamation legislation in Australia is: * Defamation Act 2005 (NSW) * Defamation Act 2005 (Vic) * Defamation Act 2005 (Qld) * Defamation Act 2005 (SA) * Defamation Act 2005 (WA) * Defamation Act 2005 (Tas) * Civil Laws (Wrongs) Act 2002 * Defamation Act (NT)

defsof

2011-10-26T00:22:00+10:00

The Supreme Court of New South Wales has examined a case in which a customer was dissatisfied with the installation of an inventory control computer software and hardware solution. The customer, A had contracted B to install a new system for the use in a vehicle distributorship, but claimed the new system was unsuitable and wanted to be reimbursed for its replacement. B had also commenced legal action to recover its fees - this had occurred before A made its claim.

defsw

2010-10-31T07:55:10+10:00

Who is to blame? When a bug, breakdown or error occurs any person suffering loss and damage will be looking for the reasons why or how the fault occurred and compensation from the supplier. Well drafted contractual documentation and a comprehensive record of all negotiations will be of great assistance if the blame for an incident is placed on you.

design

2011-10-26T01:34:13+10:00

* Designs Act 2003 (Cth) * s96, Use of design by the Commonwealth or a State * Designs Regulations 2004

developmentcontract

2006-12-09T02:57:56+10:00

Steve White, Principal - White SW Computer Law WHAT POINTS SHOULD BE COVERED IN YOUR AGREEMENT? * Full name, [registered] address, telephone number, facsimile number and ACN (if applicable) of supplier and customer This avoids confusion at a later date as to who the parties to the contract are - in many cases confusion may arise due to similar business and company names. * Recitals which give an overview of the roles of the parties to the agreement * Definitions Should include definiti…

digitalevidence

2008-05-29T04:25:02+10:00

Steve White, Principal - White SW Computer Law * Cases * Microwave Safety Systems v Commissioner for Fair Trading, Department of Commence * SEARCH WARRANT – validity – whether investigator had belief on reasonable grounds that there was evidence of a breach of a provision of the Fair Trading Act 1987 – facts material to decision to issue or to decline to issue warrant – whether disclosure in application for warrant of reasonable grounds for a belief as to contravention – invalid issue…

discovery

2011-06-03T13:30:18+10:00

Steve White, March 2001 Introduction Discovery involving electronic documents such as email or software source code poses many issues that do not arise as commonly with traditional paper documents. These issues include: * Working out which documents are discoverable or not Having regard to the quantity generated by and the variety of data sources (emails, electronic records etc) used by businesses these days this has become a much more non-trivial task than in the past. * Numerous Copies…

discovery06

2011-06-03T17:58:59+10:00

Steve White & Sarah Pike, October 2006 Introduction Discovery involving electronic documents such as email or software source code poses many issues that do not arise often with traditional paper documents. These issues include: * Working out which documents are discoverable or not. Having regard to the quantity of electronic documents generated by businesses and the variety of data sources (emails, electronic records etc) used this has become a much more time consuming task than in the…

discovery2

2011-02-14T07:28:42+10:00

Steve White, Principal - White SW Computer Law INTRODUCTION Discovery involving electronic documents such as email or software source code poses many issues that do not arise as commonly with traditional paper documents. These issues include: * Working out which documents are discoverable or not. Having regard to the quantity of electronic documents generated by businesses and the variety of data sources (emails, electronic records etc) used these days this has become a much more time c…

dname

2011-02-14T07:29:42+10:00

Who is allowed to register a Domain Name? Each country that allocates domain names will have its own rules about who may register a domain name. In Australia, to register most ”.com.au” domain names, you must have a registered business name or a company name that includes the words used in the domain name. The ”.com” domain names are allocated with almost no restrictions.

domainname

2011-02-14T07:28:22+10:00

Steve White, Principal - White SW Computer Law If your personal or professional relationship has ended, one of the last things you will probably be thinking about is your website, but as the Federal Court recently decided, this is an issue that should not be forgotten.

domainnamedispute

2011-10-28T07:43:02+10:00

What do Venus and Serena Williams, Julia Roberts, Madonna and Louis Vuitton Malletier have in common. They have used an effective domain name resolution policy to their advantage. Have you? Domain name registries with an effective dispute resolution policy assist their customers by providing an alternative approach to domain name disputes.

down

2011-02-14T07:27:58+10:00

Steve White, Principal - White SW Computer Law Were you one of the lucky ones who managed to place your bet at the TAB for the 1996 Melbourne Cup? There is little doubt that the paper based book makers at the track were too busy to consider the fate of the software developer, network administrator and the hardware supplier involved. Did you?

ecomm

2011-02-14T07:33:30+10:00

Steve White, Principal - White SW Computer Law 1. GENERAL OVERVIEW The global marketplace offered by E-Commerce imposes several issues including the choice of legal jurisdiction and the increased probability of intellectual property infringement. Other issues to consider include:

ediscovery

2011-06-03T18:05:25+10:00

* CM 6 - Pre-Discovery Conference Checklist * March 4, 2011 - Armies of Expensive Lawyers, Replaced by Cheaper Software * October 2006 - Nuts and Bolts of Electronic Discovery * March, 2001 - Discovery of Electronic Documents

emailcontracts

2011-10-28T07:40:53+10:00

Getting on with business electronically Just as with other forms of communication, even speech, a contract may be formed without a written document being signed by the parties involved. This presents particular problems for employers, who may find themselves bound unintentionally by a contract arising out of email correspondence.

emli

2011-02-14T07:31:22+10:00

Steve White, Principal - White SW Computer Law It is not uncommon for an employer to be found liable for the acts of its employees, but in the matter Houghton v Arms, the High Court, on appeal from the Federal Court, considered whether an employee could be found liable, in addition to their employer, for misleading or deceptive statements made in the course of their employment.

empip

2011-10-28T07:55:32+10:00

An interesting case was recently decided by the Victorian Supreme Court, which involved a complex dispute about, amongst other things, the ownership of intellectual property in software library code developed by an employee. Many disputes arise over the ownership of intellectual property rights in relation to software, particularly when software has been partially written before commencing employment or is written to some extent in the employee's own time.

employ

2011-04-05T14:45:08+10:00

Even though there may be nothing in writing, there is an employment contract that exists between every employer and employee. Every employee has a fiduciary duty to their employer. * The general laws of contract apply. The following must occur for the contract to be deemed to have been accepted. * There must have been an offer by the employer and an acceptance by the employee. * There must be consideration, in this case an agreement to pay wages in exchange for performance of work. * …

employee

2011-11-22T00:38:03+10:00

* Ecolab Pty Ltd v Klen International Pty Ltd & Ors * On Call Interpreters and Translators Agency Pty Ltd v Cmr of Taxation No.3

escrow

2012-02-20T04:32:03+10:00

What is Software Escrow? Software Escrow is an arrangement whereby the escrow agent stores source code and other material on behalf of two or more parties and releases those materials if certain circumstances arise, such as failure to maintain the software or insolvency.

federal_court

2011-06-03T13:31:48+10:00

* Federal Court of Australia Act 1976 (Cth) * Federal Court Rules * List of Documents * Federal Magistrates Act 1999 (Cth) * Federal Magistrates Court Rules 2001 (Cth) * Federal Court Practice Notes * CM 6 - Electronic Technology in Litigation * CM 14 - Usual Undertaking as to Damage

firm_introduction

2011-04-29T18:28:20+10:00

Why do you need our firm? Do you have trouble explaining your business, project or problem to a lawyer who has little or no understanding of the technology issues involved? Do you have legal documentation which is non-existent, ineffective, legalistic and lengthy and want to ?

freedom_of_information

2011-06-29T23:41:40+10:00

* March 11, 2011 - Secrecy provisions: Policy and practice, The Hon Justice SC Kenny|

ftu

2011-02-14T07:30:16+10:00

Steve White, Principal - White SW Computer Law Introduction The Constitution empowered the Commonwealth to make laws in relation to trade marks. In exercise of this power, the Trade Mark Act 1995 (Cth) (“TMA”) provides that a registered trade mark is personal property and regulates the registration and enforcement of trade marks. However, for centuries, trade marks have been ‘created’ merely by a trader using a sign to distinguish his or her goods or services from those of other traders.…

graphicdesign

2011-02-14T07:46:44+10:00

INTRODUCTION Intellectual property protection is much easier than many people think. The most important thing is to understand what intellectual property rights are. You can then determine who owns the rights and how best to protect them. COPYRIGHT The most common form of intellectual property that a graphic artist will deal with is copyright. In Australia, copyright arises on the creation of an original work. There is no need to register the copyright work for protection to arise. You should…

grimes

2011-02-14T07:44:36+10:00

Steve White, Principal - White SW Computer Law Introduction Trade between the US and Australia is ever increasing and with the spread of commerce to the Internet there are interesting issues which will arise with respect to software licensing and other intellectual property rights. If your clients propose to licence Intellectual Property in Australia then this article should highlight some risks and some substantial differences between Australia and the USA.

guarantees

2011-10-26T03:24:42+10:00

* Henderson-Smart v Quality Blow Moulders Pty Ltd

htmlhome

2006-12-09T02:57:00+10:00

iart

2011-02-14T07:47:32+10:00

Steve White, Principal - White SW Computer Law Traps There are lots of traps and hazards on the Internet. Here are some you should think about. If you have engaged a software developer to create an Internet site for you the copyright in your site will be owned by the developer unless an assignment of copyright has been signed. That means that the developer may be able to licence your site to somebody else without your consent.

impwarr

2011-02-14T07:42:28+10:00

Steve White, Principal - White SW Computer Law Did you know that the Trade Practices Act 1974 (Cth) and the Goods Acts legislation imply terms into a contract for the sale of goods or the supplying of services to a consumer which cannot be excluded.

indemnities

2011-10-31T04:59:11+10:00

The key differences between an indemnity and ordinary contract term (if breached) are: * scope of liability * Indemnities are normally drafted much more widely to cover third parties and circumstance beyond the ordinary breach circumstances. * In some circumstances they apply even when there is no breach of contract by the party required to pay, pursuant to the contract, at all. * The triggering event may well be the act of a third party. * A well known instance of this is t…

injunctions

2011-07-07T08:19:23+10:00

* February 5, 1975 - American Cyanamid Co (No 1) v Ethicon Ltd [1975] UKHL 1 * Leading UK decision on injunctions * concerned a patent for the use as absorbable surgical sutures of filaments made of a particular kind of chain polymer known as ” a polyhydroxyacetic ester” (“PHAE”). These are sutures of a kind that disintegrate and are absorbed by the human body once they have served their purpose * The case determined the benchmark for an an interlocutory injunction * “a serious que…

insolvency

2011-07-04T09:22:29+10:00

Legislation * Bankruptcy Act 1966 (Cth) * Bankruptcy Act (Estate Charges) Act 1997 * Corporations Act * Corporations Regulations * Federal Court Act * Federal Court (Bankruptcy Rules) 2005 * Cross Border Insolvency Act 2008 * Cross Border Insolvency Regulations 2008

intcright

2011-02-14T07:44:08+10:00

Steve White, Principal - White SW Computer Law A colleague of mine who practices in the Kingdom of Jordan recently sent me a copy of his firm's Intellectual Property Newsletter. Featured, as one of the articles, was the fact that judges in Saudi Arabia had recently decided that copying computer software without permission was illegal. The concept of intellectual property existing in computer software is well established in Australia and other western nations and this recent decision indicates t…

intellectualpropertylegislation

2011-06-06T11:55:58+10:00

* Circuit Layouts * Copyright * Design * Federal Court * Patent * Plant Breeder's Rights * Trade Marks * IP Valuation for Research Institutes * January 2012 - IP issues in brokerage events * December 2, 2011 - Software copied functions, but didn't infringe copyright * May 12, 2011 - Intellectual Property Legislation Amendment Regulations 2011 (No. 1) * December 3, 2010 - Anti-Counterfeiting Trade Agreement

international_links

2010-09-29T03:47:28+10:00

International * Berne Convention for the Protection of Literary and Artistic Works * British and Irish Legal Information Institute - Caselaw and Legislation from Britain & Ireland * Copyright Association of Ireland * Free Software Foundation * www.gnu.org * Draft Guidelines for Internet domain names (as at 2OCT97) * European Patent Office * UK - Her Majesty's Courts Service * Internet Corporation For Assigned Names and Numbers - (ICANN Uniform Dispute Resolution Policy) …

internet

2011-02-14T07:42:02+10:00

Does your business use e-mail? If so, you should consider developing guidelines to be used by employees when using e-mail facilities. Messages sent by e-mail may be much less formal than traditional forms of communication, but can be equally as binding on your firm, for example in contractual negotiations.

internetissues

2011-02-14T07:47:58+10:00

Steve White, Principal - White SW Computer Law If you operate a commercial website, you are running a global business. Have you considered the many legal issues that arise from e-business? 1. DOMAIN NAMES Choosing a domain name involves similar issues to choosing a business or product name. However, a domain name will be accessible around the globe and there is always a possibility that a business overseas may raise an objection to the domain name use.

inventorship

2011-02-14T07:46:18+10:00

Sarah Pike, Solicitor - White SW Computer Law The way in which inventorship is determined and dealt with by the Patent Offices in Australia, the United States and Europe differ, even though these jurisdictions have sought to harmonise their respective patent laws. This can be significant where a party seeks to patent an invention in more than one of these jurisdictions.

ip

2011-04-29T18:03:49+10:00

Intellectual Property is an intangible asset which arises when a creative work is produced and can be protected in a number of ways, depending upon the nature of the creative work. Rights which can arise from intellectual property include copyright; patents; trade marks; designs; circuit layouts and confidential information.

ipassets

2011-02-14T07:45:28+10:00

Steve White, Principal - White SW Computer Law Introduction Intellectual property is amongst the most valuable asset that a business possesses - particularly if one examines the key assets of some of the worlds most profitable companies such as Microsoft Inc. However, financers are reluctant to advance funds on intellectual property assets due to problems in realising the assets. Why is this the case? This question is perhaps best answered by an analysis of the following sub-questions:

ipcareer

2011-02-14T07:49:32+10:00

Steve White, Principal - White SW Computer Law A lawyer practicing in intellectual property law can look forward to a very diverse range of work. There is the planning of protection before the creation of an intellectual property asset, the registration of various intellectual property rights, the exploitation of intellectual property rights and in some cases litigation to protect intellectual property rights.

ipduedil

2011-10-28T08:07:49+10:00

When looking to float or sell a business, potential investors and purchasers should conduct due diligence. Due diligence involves, in part, looking at the financial and all other records which relate to the assets and liabilities of the vendor. Intellectual property is often an essential part of the transaction and if it is not in order this can lead to expensive problems.

ipexpl

2011-02-14T07:44:54+10:00

Steve White, Principal - White SW Computer Law Conducting business on the Internet is global and involves many issues that should be considered before commencing Internet trading to minimise exposure to potential legal problems. 1. CHOOSING A DOMAIN NAME Choosing a domain name involves similar issues to choosing a business, company or product name. However, a domain name will be accessible around the globe and there is always a possibility that a business overseas may raise an objection to th…

ipleverage

2011-02-14T07:47:12+10:00

Software development businesses usually have few tangible assets. Their real assets are intangible and need to be protected and maintained. Below we examine some of the types of intellectual property which may arise and some steps that need to be taken to prefect and maintain that ownership.

iplitigation

2011-02-14T07:43:44+10:00

Steve White, Principal - White SW Computer Law When a trade mark, domain name or other intellectual property dispute arrives at your firm its time for young practitioners (or young at heart practitioners) to apply some computer skills to get proper instructions and resolve the dispute. Before applying these skills you need some legal background.

ipmergers

2011-10-28T07:44:28+10:00

Steve White, Principal - White SW Computer Law You have thrown out the old letterhead, the sign painters have done their job and you have remembered to answer the telephone using the new company name, the first day after the merger... it is your software supplier on the other end with a reminder that the licence you paid for last year is non transferable and if you want to continue to use your software, you must pay a transfer fee. What does this mean? It may mean that you cannot continue to us…

itip

2011-02-14T07:49:06+10:00

Presented by Steve White, Principal - White SW Computer Law, Information Technology and Intellectual Property Lawyers at the Tools Pacific Conference, Melbourne Australia - November 1997 1. GENERAL OVERVIEW The protection of intellectual property arising from information technology development projects is often a difficult legal problem as the laws governing these rights were not always designed with swift technological advances in mind. The globalisation of the IT market place imposes several…

legal_news

2011-06-03T17:34:04+10:00

Topic News * Arbitration News * Censorship News * Commercial Litigation News * Defamation News * Intellectual Property News * Copyright News * Federal Court News * Patent News * Privacy News * Telecommunications News * Trade Practices/Consumer News

legal_research_links

2011-09-19T06:11:09+10:00

* Australasian Legal Information Institute * Federal Court of Australia - Judgments * Supreme Court of Victoria Library - Judgments * Supreme Court of New South Wales - Judgments * Supreme Court of Queensland Libary - Judgments * Supreme Court of Western Australia - Judgments * Supreme Court of the Northern Territory - Judgments * Supreme Court of Tasmania - Judgments * Supreme Court of the Australian Capital Territory - Judgments

legal_topics

2011-06-05T15:30:36+10:00

* Arbitration * Banking and Finance Legislation * Censorship * Commercial Litigation * Commercial Law * Contracts * Damages * Defamation * Discovery * Insolvency * Intellectual Property * Privacy * Representations * Telecommunications * Trade Practices/Consumer * Trusts

legislation

2011-06-05T15:31:03+10:00

* Arbitration Legislation * Censorship * Commercial Litigation Legislation * Defamation Legislation * Discovery Legislation * Freedom of Information * Intellectual Property Legislation * Privacy Legislation * Telecommunications Legislation * Trade Practices/Consumer Legislation

limitation_of_liability

2011-10-26T05:31:10+10:00

Consequential Loss * Hadley v Blaxendale * first limb * Where two parties have made a contract which one of them has broken, * the damages which the other party ought to receive in respect of such breach of contract should be * such as may fairly and reasonably be considered either arising naturally, * i.e., according to the usual course of things, * from such breach of contract itself, * or such as may reasonably be supposed to have been in the contemplation of…

links_which_relate_to_our_firm

2011-04-29T17:41:55+10:00

* .au Domain Administration Ltd * Listing as auDA Review Panelist * Law Society of NSW * Mediation * Registration as a firm * National [accredition] as a mediator * Law Institute of Victoria * Mediation * Registration as firm * Registration as a specialist * National accredition as a mediator

links_which_relate_to_us

2011-02-14T08:01:14+10:00

* www.computerlaw.com.au * Law Society of NSW * Mediation * Registration as a firm * National [accredition] as a mediator under NMAS * Law Institute of Victoria * Mediation * Registration as firm * Registration as a specialist * National accredition as a mediator under NMAS

litigation

2011-06-06T11:19:08+10:00

* Legislation Since 1998, our Steve White has been an Accredited Commercial Litigation Specialist. He has litigated extensively in the Federal Court in both Victoria and New South Wales, and the Supreme Courts of Victoria and New South Wales in relation to trade practices, internet law, licensing disputes, intellectual property disputes such as copyright, trade mark and patent infringements.

maggbury

2011-10-28T07:39:07+10:00

Steve White, Principal - White SW Computer Law At some stage in our lives everybody has signed a confidentiality agreement. What do they mean? Are they enforceable? Should I sign it? The High Court has recently reviewed the enforceability of confidentiality agreements in the case of Maggbury Pty Ltd v Hafele Australia Pty Ltd [2001] HCA 70 (13 December 2001). In that case Mr Allen, was a director of Maggbury Pty Ltd and he wished to obtain a commercial partner to produce and market worldwide a…

mm

2011-02-14T07:58:36+10:00

What is multimedia? There are many varying definitions of multimedia depending upon the use of the phrase. In general terms, multimedia is a combination of media of varying forms into one medium. Multimedia may combine component parts such as sound recordings, visual images, computer programs and digitised text.

mmcright

2011-02-14T08:00:26+10:00

Steve White, Principal - White SW Computer Law The nature of multimedia, being projects involving the integration of several different media in one work, leads to often complex issues of copyright ownership. So where do you start? Introduction The proliferation of digital technology to record many audio-visual components on the one medium, commonly a compact disc, has seen a surge in the interest in multimedia products. As with many areas of technological advancement, our legislators are sl…

mmediacright

2011-02-14T07:58:54+10:00

Steve White, Principal - White SW Computer Law Multimedia software products are becoming increasingly popular and are used anywhere from the corporate training room to your own home. The versatility of these products arise from the combination of component parts such as sound recordings, text, photographs and computer programs. However this combination of components has given rise to some interesting questions with respect to copyright.

multiart

2011-02-14T07:56:04+10:00

newagea

2011-10-17T10:51:51+10:00

Steve White, Principal - White SW Computer Law You have just been appointed as liquidator of Reptile Games Pty Ltd (“Reptile”). What should you do? A review of Section 477 the Corporations Act reveals that you have ample powers to carry out your task of realising the assets of the company in accordance with the Corporations Act 2001 (Cth) (“the Act”).

newsletters

2011-11-08T08:38:00+10:00

Our firm has an electronic newsletter which we provide free of charge. Some of our newsletters are available here for your perusal. To be added to our free electronic distribution list please click here. 20102009200820072006200520042003200220012000199919981997January The importance of doing your own enquiries Domain Name Policy Changes For .com, .net and .org Can You Be Bound By A Purchase Order? The importance of reliance in misleading and deceptive conduct cases Is your IT project …

nlapr04

2011-10-28T07:58:34+10:00

Copyright Infringement - How Much Is Enough? When determining if a copyright infringement has occurred, one of the issues that needs to be determined is whether a substantial part of a copyright work has been copied. Whether the copied portion is a substantial part does not just depend on the proportion of the original work that has been copied, rather you must also consider issues such as the quality of the copied portion.

nlapr97

2011-02-14T08:10:28+10:00

WHICH COURTS GOVERN YOUR BUSINESS? The legal aspects of doing business on the Internet are still being established. The US Courts are providing most of the case law at the moment but it can only be a matter of time before such matters are before the Australian Courts. In December 1996, the Minnesota District Court ruled that the State of Minnesota had jurisdiction over Granite Gate Resorts Inc and its President, who are based in Nevada. Granite Gate provided a commercial sports betting service …

nlapr98

2011-10-28T08:16:35+10:00

Dud Distributorships What can you do when a business “opportunity” goes wrong? In the Supreme Court of New South Wales matter, Probiz Business Software & Anor ( "Probiz" ) v Magee & Ors ( "Magee" ), Probiz unsuccessfully appealed against an earlier decision made by the Consumer Claims Tribunal in favour of Magee. Magee had entered into an agreement to act as the NSW agent, distributing Probiz accounting software. The distribution business did not succeed due to an alleged failure by Probiz and …

nlapr99

2011-10-28T07:57:58+10:00

Year 2000 Information Disclosure Act 1999 This Act is now in operation in Australia. The purpose of the Act is to “encourage the voluntary disclosure and exchange of information about year 2000 computer problems and remediation efforts”. Prior to the Act commencing, when a vendor made a Year 2000 related statement that was inaccurate, the vendor may have been liable for damages for misrepresentation, misleading and deceptive conduct and negligence. Provided that a Year 2000 statement complies w…

nlaug04

2011-10-26T00:12:37+10:00

What happens when joint ventures fail? The Supreme Court handed down its judgment in Scheuer v Bell & Ors . This case involved a complex set of facts and multiple parties and illustrates the complexities often involved in software development projects and the difficulties that can arise when one or more parties decide to leave a joint venture.

nlaug06

2011-10-26T00:05:05+10:00

Registration of a Trade Mark - Is your trade mark too similar? As part of the process when applying for the registration of a trade mark, if your trade mark is accepted for registration, the details of the application will be advertised in the Official Journal of Trade Marks. For 3 months after the details are advertised, other parties may oppose the registration of your trade mark. If no opposition is filed against your application, or if opposition is unsuccessful, your trade mark will be r…

nlaug97

2011-02-14T08:38:14+10:00

DIRECTORS' FIDUCIARY DUTIES A Company's directors and its employees have a fiduciary duty to act in the company's best interest. A breach of this duty can lead to a significant award for damages being ordered in favour of the company. In the matter of Bailey v Namol Pty Limited, Bailey failed in his appeal against an earlier decision which awarded Namol $657,238 damages. Bailey had been an employee and director of Namol and resigned to work for a competitor of Namol. Bailey obtained copies of N…

nlaug98

2011-10-28T08:10:34+10:00

Where Can You Chase Your Internet Gambling Winnings? In the matter of Tom Thompson v Handa-Lopez, Inc, ( “HL” ) a matter heard by the United States District Court in Texas, Thompson had won $193,728.40 by playing the games on HL's “World's Largest” Internet Casino. HL refused to pay Thompson his winnings so Thompson sued HL in the Texas District Court. HL claimed that Thompson was not able to commence proceedings as the contract Thompson agreed to contained a clause, which stated that any dispu…

nldec05

2011-10-26T00:08:27+10:00

Stevens v Kabushiki Kaisha Sony Computer Entertainment & Ors In October 2005, in the matter of Stevens v Kabushiki Kaisha Sony Computer Entertainment & Ors, the High Court of Australia found in favour of Stevens in his appeal against the decision of the Federal Court in favour of Sony in their dispute over the “mod chips” which Stevens sold and installed into PlayStation consoles.

nldec97

2011-02-14T08:36:12+10:00

HAVE YOU THOUGHT OF TAKING IDEAS WITH YOU? In Admar Computers Pty Ltd v Ezy Systems Pty Ltd & Ors the Federal Court was asked to examine evidence relating to a pseudocode analysis of software on the question of copyright infringement and breach of confidentiality in circumstances where an employee left his employer and published a similar and competing product to this former employer. Psuedocode anaysis is the examination of source code's logic flow. In this case the pseudocode analysis produce…

nlfeb09

2011-10-25T23:59:37+10:00

Director's Liability for Copyright Infringement Ordinarily, a company’s director cannot be sued directly for loss and damage arising from the actions of the company. However, accessorial liability can arise in relation to, amongst other things, copyright infringement, leaving the directors of the company exposed to a claim for damages.

nlfeb97

2011-10-17T10:51:06+10:00

Does your software development agreement define in adequate detail the dates for delivery and at what development stage the product is to be delivered? Unless there is a clear written agreement, the customer and developer can have different interpretations of delivery dates and the development timetable. Does your agreement draw attention to the fact that it cannot be warranted that the software is “bug free”. Some customers with little exposure to software development can expect to receive a p…

nlfeb98

2011-10-28T08:18:54+10:00

The importance of reliance in misleading and deceptive conduct cases In the matter of The Builders Warehouse Group Ltd t/as Campbells Hardware and Timber v Multinail Australia Pty Ltd, Multinail was contracted by Campbells to supply nail plates and connectors, computer hardware and software and training in relation to the manufacture of timber roof trusses for a fixed period.

nlfeb99

2011-10-28T07:59:55+10:00

Can You Be Bound By A Purchase Order? In a matter heard by the Supreme Court of Victoria, Asymetrix Asia Pacific Pty Ltd v Electronic Resources Australia (Vic) Pty Ltd, Asymetrix sought payment from Electronic Resources for the licence to duplicate and distribute a software product. The agreement between Asymetrix and Electronic Resources involved, amongst other things, oral discussions and a written purchase order to the value of $1,200,000.00. Asymetrix supplied the master CD-Roms to Electron…

nljan00

2011-10-28T07:43:57+10:00

Is Transferring Software From Disk To RAM Or Over The Internet An Infringement? There is no question as to whether the unauthorised copying of a software program from a floppy disk onto a computer's hard disk is a copyright infringement. A less certain point is whether launching the program by transferring a “copy” from the hard disk into RAM (Random Access Memory) is a further copyright infringement. If the Courts take the view that such copying is a copyright infringement, the use of an unaut…

nljan97

2011-02-14T08:24:34+10:00

Is your IT project a lemon? When a software development project goes off the rails pre-contractual negotiations and representations may be used in a Trade Practices Act action. At all stages before and during the development, you should keep notes of all representations made and confirm the representations with the other parties involved. Whether you are the Software Developer or the customer, the party who has a documented history of all negotiations will have a great advantage should the disp…

nljul06

2011-10-26T00:06:59+10:00

Failure to renew a Software Reseller Agreement When a party applies to the Court for an injunction, which for example may seek to prevent ongoing conduct of another party, they must be able to show that, amongst other things, there is a serious question to be tried.

nljul10

2011-10-26T00:27:24+10:00

Website Links - can they amount to misleading and deceptive conduct? A Company may contravene the Trade Practices Act 1974 (Cth) if it publishes an opinion furnished by a third party to the world at large or at least to a section of the public and that opinion is misleading and deceptive (or likely to mislead or deceive).

nljul97

2011-02-14T08:19:44+10:00

A CHANGE IN DIRECTION FOR COPYRIGHT IN AUSTRALIA In June 1997, the Federal Court of Australia handed down a decision in the matter of Powerflex Pty Ltd v Data Access Corporation which changes the direction of copyright protection in Australia. This matter had been appealed from an earlier decision that certain words such as “save”, “display” and “find” were computer programs, and therefore copyright works, belonging to Data Access. The new decision has held that these words do not in themselves…

nljul98

2011-10-28T08:12:35+10:00

UK Domain Name Usage And Trade Marks An appeal by One in A Million Ltd and others in the matters of British Telecommunications plc and Anor v One in a Million Ltd and Ors; Virgin Enterprises Ltd v One in a Million Ltd and Ors; J. Sainsbury plc v One in a Million Ltd and Ors; Ladbroke plc v One in a Million Ltd and Ors;and Marks & Spencer plc v One in a Million Ltd and Ors was unsuccessful. The Court of Appeal upheld the earlier decision that the registration of domain names which use or are si…

nljul99

2011-10-28T07:52:54+10:00

Copyright Infringement Raids An Anton Piller order allows a party to enter another party's premises and inspect, take copies and remove specified materials. It is a remedy allowed by the Court to preserve evidence pending the hearing of a claim such as copyright infringement. The Court views Anton Piller Orders as a powerful tool and will only make such an order if there grounds to believe that evidence may be destroyed, hidden or removed from the Court's jurisdiction. In the matter of Microsof…

nljun04

2011-11-17T01:19:23+10:00

Attempt to set aside MP3 raid fails Anton Piller orders (named after the first case in which they received approval) are often obtained in litigation involving copyright infringement. The orders, if granted, require the Respondent to permit the Applicant access to its premises to inspect its computers and documents to obtain evidence of copyright infringement, so that it may be preserved for the purpose of litigation. This evidence may include information such as infringing copies and customer …

nljun06

2011-10-28T07:31:17+10:00

Software Source Code & Business Continuity Planning When a software developer is engaged to build a custom program, or enhancements to an existing program, the customer should ensure that their software development agreement includes provisions allowing it to have access to the source code.

nljun07

2011-10-26T00:03:11+10:00

nljun97

2011-02-14T08:22:24+10:00

ACQUIRING A PART INTEREST IN A BUSINESS When a information technology business is broken down into separate entities for sale, it is important that the contractual documentation of the original conglomerate be carefully examined to determine any residual obligations on parties acquiring a partial interest. The 1997 NSW Supreme Court Case of Sanderson Computer Pty Ltd v McDonnell Information Systems Pty Ltd & Anor provides an interesting example of this principle. In 1987, AWA acquired the intel…

nljun98

2011-10-28T08:14:18+10:00

Copyright In Australia And USA In Australia, there is no “work for hire” doctrine so it must be assumed, in the absence of a written copyright assignment, that the copyright on a literary, musical, dramatic or artistic work created under contract is owned by the author. Computer software is considered, for the purposes of the Copyright Act, to be a literary work. If you are hiring a contractor to develop a software program for you, it is important to consider whether you want to own the copyrig…

nljun99

2011-10-28T07:54:23+10:00

How Similar Is Deceptively Similar? Once a trade mark application for registration has been approved by the trade mark examiner, the trade mark is advertised in the Trade Mark Journal and parties may lodge a Notice of Opposition, if they have grounds to object to the trade mark being registered. In the matter of Lasernett Pty Ltd v Hewlett-Packard Company , Hewlett-Packard filed a Notice of objection the Lasernett's application for the registration of the trade mark “Lasernett”. Lasernett's app…

nlmar09

2011-10-25T23:58:16+10:00

Damages payable for Trade Mark Infringement If you sue a party for trade mark infringement, in order to be awarded damages, you must be able to prove to the court what loss and damage you suffered as a result of the trade mark infringement. If you cannot prove your loss and damage, the court may decide to award you only nominal damages, which as seen in the matter of Nokia Corporation v Liu could be as low as $10.

nlmar97

2011-10-17T10:49:38+10:00

Don't rely on your company for protection. If a company is found to have infringed the copyright owned by another party the directors or managers of that company may be found personally liable for such infringements by authorising or procuring such conduct by or on behalf of the company. In December 1996, Steven Lagos, a company director of the company Palm Beach Pty Ltd was found to have infringed Microsoft's copyright in the case Microsoft Corporation v Auschina Polaris Pty Ltd & Ors. In that…

nlmar98

2011-10-28T08:17:52+10:00

Copyright Infringements On Web Sites - Who Is Liable? The owners of a web site should carefully consider their liability for copyright infringements, which occur on their web site. In the US district court case of Playboy Enterprises, Inc v Webbworld, Inc, Webbworld, who operated a web site from which you could download R Rated images, was sued for copyright infringement by Playboy. It was proven to the Court that Webbwolrd had copied 62 images, which had previously appeared in Playboy publicat…

nlmay04

2011-10-28T07:33:04+10:00

Business Acquisition - Did you really buy the intellectual property? In the matter of JWH Group Pty Ltd & Anor v Kimpura Pty Ltd & Anor, which was heard by the Supreme Court of Western Australia, the Court had to decide whether certain goodwill and intellectual property had been included in the purchase of a business. The purchase arose after two parties decided to end their business association. One of the parties had agreed to purchase parts of the business formerly owned by both parties. Par…

nlmay97

2011-02-14T08:07:42+10:00

Stamp Duty Victoria Stamp Duty Deed on Intellectual Property and other Deeds Deeds executed after 1 May 1997, which do not otherwise attract duty executed in Victoria, will no longer require $10.00 stamp duty to be paid. Commonly used deeds to which this applies includes Confidentiality Deeds, Non-Disclosure Deeds and Intellectual Property Assignment deeds.

nlmay98

2011-10-28T08:15:41+10:00

Changes To Stamp Duty In NSW From 1 July 1998, the transfer of Intellectual Property rights including, amongst other things business names; patents; registered designs; and copyright will necessitate the payment of stamp duty of up to 5.5% of the consideration. If the Intellectual Property relates to both New South Wales and other jurisdictions, the duty payable may be able to be reduced by apportionment. If you are considering transferring or acquiring intellectual property or entering into a …

nlmay99

2011-10-28T07:56:09+10:00

Copyright Amendment (Digital Agenda) Bill 1999 The Government introduced the Copyright Amendment (Digital Agenda) Bill 1999 in response to the challenge to the traditional approach to copyright arising from, amongst other things, the fast increasing use of the Internet. We will be reviewing the issues covered by this Bill in this and subsequent newsletters. One important issue that the Draft Bill deals with is that telecommunication carriers and Internet service providers (ISPs) will not be lia…

nlnov04

2011-10-26T00:09:29+10:00

Developing Similar programs for competitors Whether or not a software developer is free to develop a software program for a client that is similar to a program which was previously developed by them for another client is determined by issues such as (a) the contractual obligations owed to the original client, (b) who is the copyright owner of the source code (including library code) and (c) whether the original program was written using confidential information supplied by the original client.

nlnov97

2011-10-17T10:52:04+10:00

HAVE YOU BOUGHT COMPATIBLE HARDWARE TO FIND THAT IT IS NOT? In the US case of Creative Labs Inc and Anor v Cyrix Corporation and Ors, Creative Labs sought, amongst other relief, that pending trial, the Court grant an injunction against Cyrix to prevent Cyrix from claiming that its microprocessor product is compatible with the Creative Labs Sound Blaster sound card. The Court interpreted the term “compatible” to mean that the Cyrix product would be capable of performing any task that the Creativ…

nlnov98

2011-10-28T08:05:59+10:00

Copyright In New Game Levels Some computer games allow players to create new levels using the scenery and characters provided in the existing game. The question of ownership of the copyright in these new levels was examined in the US matter of Micro Star v Formgen, Inc and Apogee Software Ltd. On appeal, the Court found that by allowing its customers to design new levels for the game Duke Nukem 3D and publish them on Formgen's web site, Formgen was not relinquishing all of its copyright protect…

nlnov99

2011-10-28T07:49:51+10:00

Y2K - DEALING WITH ERRORS Whether you are the customer using the software or the supplier an/or programmer, should a Y2K error occur in your software, it will be important to keep detailed notes of the circumstances of how the error occurred. Should a dispute arise, it will be important to be able to demonstrate from the recorded information how you think the fault arose. For example, faulty hardware or third party software may cause Y2K compliant software to appear as if it has a Y2K error.

nloct97

2011-10-17T10:50:34+10:00

CAN PUBLISHERS REPRODUCE FREELANCERS' WORK IN ELECTRONIC FORM? Many publishers of newspapers, magazines and other publications reproduce articles from their publications in electronic form such as onto CD-ROMS or on their web site. In the August 97, US Court of Appeal case of Tasini and Ors v The New York Times Co and Ors a group of six freelance writers sued a number of publishers for copyright infringement arising either from reproducing their articles on a CD-ROM or an on-line text retrieval…

nloct99

2011-10-28T07:51:01+10:00

Is Your Business Name A Trade Mark Infringement? If you select a business or company name or an internet domain name without conducting a trade mark search, you may find yourself a party in a trade mark dispute, particularly where there is a registered Australian trade mark similar to your chosen name.

nlsep04

2011-10-26T00:10:41+10:00

Termination of exclusive Software License Agreements The Federal Court matter of Quanta Software International v Quanta Systems Ltd [2004] FCA 1182 was decided this month. It involved a dispute between an Australian company ( “Quanta Software” ) which had been granted an exclusive perpetual licence to use, copy, publish, translate and sub-licence rights in “Eunice” software, in al countries except New Zealand and the New Zealand corporation ( “Quanta Systems ”) who was the copyright owner for …

nlsep07

2011-11-22T00:37:03+10:00

Ex-employees and Confidential Information In the matter of Ecolab Pty Ltd v Klen International Pty Ltd & Ors, the Court considered a case in which an employee resigned from his employment with Ecolab and the following month commenced employment with Klen International ( “Klen” ). Ecolab and Klen are competitors.

nlsep97

2011-02-14T08:34:20+10:00

THE COMMONWEALTH'S RIGHT TO USE YOUR COPYRIGHT WORKS The Copyright Act allows the Commonwealth, or its authorised representative to use copyright works supplied to it free of copyright restrictions. The terms of the use of such works must be decided between the copyright owner and the Commonwealth or by the copyright tribunal. In the matter of Marine Engineering & Generator Services Pty Ltd v The State of Queensland (Queensland Emergency Services), Marine Engineering had prepared a log which wa…

nlsep98

2011-10-28T08:08:08+10:00

Contractors' Responsibility For Year 2000 Faults An interesting legal dispute has been commenced in the US arising from a dispute over the responsibility for Year 2000 faults in third party software installed and customised by a contractor. The matter involves Anderson Consulting LLP, who were the consultants and J Baker, Inc. J Baker, Inc is a clothing and footwear retailer who engaged Anderson Consulting in 1989 to select, design, customise and implement a computer-based merchandising systems…

nsw

2011-05-22T14:26:47+10:00

New South Wales Commercial Litigation Legislation * Business Names Act 2002 (NSW) * Business Names Regulation 2004 (NSW) * Civil Procedure Act 2005 (NSW) * Uniform Civil Procedure Rules 2005 (NSW) * List of Documents, r21 * District Court Act 1973 (NSW) * Local Court Act 2007 (NSW) * Case Management of Civil Proceedings in the Local Court

nt

2011-05-17T14:08:00+10:00

Northern Territory Commercial Litigation Legislation * Magistates Act 2009 (NT) * Supreme Court Act 2010 (NT) * Business Names Act 2007 (NT) * Business Names Regulations 2007 (NT)

open_source_links

2010-09-29T03:48:08+10:00

Open Source Links * Free Software Foundation * www.gnu.org * OpenSource.com - Open Source related news and updates * Open Source Initiative OSI - Site Index

osl

2006-12-09T02:57:56+10:00

Steve White, Principal - White SW Computer Law We have included comments inserted in the text and as footnotes by way of commentary on these three commonly used open source licences. 1. GNU GENERAL PUBLIC LICENCE GNU GENERAL PUBLIC LICENSE This is a “copyleft” license. It forbids anyone to make the GPL licensed software, or any of its future derivatives, proprietary Version 2, June 1991

other_services

2011-04-29T18:29:48+10:00

We offer many other legal related services, including arbitration, escrow and mediation, if you are not sure if we do something email us at . White SW Computer Law has agents and affiliates around the world. If you have legal matters involving transactions in foreign countries, we are able to assist you with your legal issues and in developing your overseas business contact

our_offices

2011-04-29T07:40:50+10:00

Melbourne:Sydney:Postal: PO BOX 452 COLLINS STREET WEST VIC 8007 Street: Suite 1601, 1 William Street, MELBOURNE VIC 3000 Postal: GPO BOX 2506 SYDNEY NSW 2001 Street: Suite 604, 109 Pitt Street, SYDNEY NSW 2000

pacific

2011-02-14T08:57:04+10:00

The Full Federal Court recently handed down its ruling in a matter involving an appeal of an earlier decision of the Federal Court involving two electronic gaming machine companies Aristocrat Leisure Industries Pty Ltd and Pacific Gaming Pty Ltd. The original decision found that Aristocrat had copyright in four written specifications prepared by it for games to be played on its electronic gaming machines and that Pacific had infringed Aristocrat’s copyright by reproducing a substantial part of…

papers

2011-03-31T16:47:11+10:00

2009 * ABC Radio Interview, 12 March 2009 - Red Simons' interview with our Steve White regarding breach of company policies. 2008 * Practical Issues With Digital Evidence in Criminal Cases - Key Points (pdf copy) * Practical ICT Governance (May 2008) - As presented at the 2008 ACS Marysville Conference. * IP Passport Melbourne Seminar, 29 February 2008 - Video Footage of our Steve White's presentation “How to use IP to grow your business”.

passing_off

2011-11-04T01:23:18+10:00

... five characteristics ... must be present ... to create a valid cause of action for passing off * a misrepresentation * made by a trader in the course of trade, * to prospective customers .. or ultimate consumers of goods supplied by him, * which is calculated to injure the business or goodwill of another trader (in the sense that this is a reasonably foreseeable consequence) and * which causes actual damage to a business or goodwill of the trader by whom the action is brought…

patent

2011-06-10T18:55:59+10:00

* Legislation * Cases * Links * News * Interesting Patents * Our Steve White advises, litigates and arbitrates extensively in relation to the commercialisation, licensing, enforcement and revocation of patents.

patentcases

2012-05-01T23:43:44+10:00

2011 * Samsung Electronics Co. Limited v Apple Inc. Interlocutory Injunction overturned * Apple Inc. v Samsung Electronics Co. Limited - Patent Infringement - Interlocutory Injunction - Apple ipad cf Samsung galaxy 10.1 * Oliver Brüstle v Greenpeace e.V., * Legal protection of biotechnological inventions * Extraction of precursor cells from human embryonic stem cells * Patentability – Exclusion of ‘uses of human embryos for industrial or commercial purposes’ * Concepts o…

patentfilings

2012-05-01T23:48:55+10:00

2011 * June 21, 2011 - Apple Inc, Portable multifunction device, method, and graphical user interface for translating displayed content

patentlegislation

2012-05-01T23:36:29+10:00

Australia * Evidence Act 1995 (Cth) * s140 Civil proceedings: standard of proof * Patents Act 1990 (Cth) * s7 Novelty and inventive step * s13 Exclusive rights given by patent * s18 Patentable Inventions * s40 Specifications * s43 Priority dates * s102 What amendments are not allowable? * s117 Infringement by supply of products * s119 Infringement exemptions * s163, Exploitation of inventions by Crown * s138 Revocation of patents in other circumstances

patentlinks

2012-05-01T23:47:50+10:00

* US Patent doctrine of Exhaustion * EURO-PCT Guide

patentnews

2012-05-01T23:45:11+10:00

2012 * April 12, 2012 - Oracle v. Google shows the folly of U.S. software patent law * May 23, 2011 - Patent Prosecution Highway: A Global Superhighway to Changing Validity Standards- Christopher Potts (slides) 2011 * May 23, 2011 - Patent Prosecution Highway: A Global Superhighway to Changing Validity Standards- Christopher Potts (paper)

personal_property_securities_act_2009

2011-05-31T17:09:59+10:00

* Personal Property Securities Act 2009 (Cth) * November 2006, 11 - Service Foods Manawata Ltd (Receivers) v NZ Associated Refrigerated Food Distributors * June 8, 2006 - Sleepyhead Manufacturing Company Limited v Dunphy and Shepard * Graham v Portacom (New Zealand High Court) * February 23, 2006 - Sleepyhead Manufacturing Company Limited v Dunphy and Shepard * October 27, 2005 - Waller v New Zealand Bloodstock Ltd

plant_breeder_s_rights

2010-10-08T04:54:10+10:00

Plant Breeder's Rights Legislation * Plant Breeder's Rights Act 1994 (Cth) * Plant Breeder's Rights Regulations 1994

pleadings

2011-06-24T01:21:36+10:00

* Pleadings are the documents which set out the claim in suit so that * the Arbitrator, Court and Parties know what is being determined; and * the Parties know in advance the case that they have to meet at trial * Re Kernel Holdings Pty Ltd v Rothmans of Pall Mall (Australia) Pty Ltd * “[m]aterial facts must be pleaded with the degree of specificity necessary to define the issues and inform the parties in advance of the case they have to meet”

pppsp

2011-02-14T08:44:08+10:00

Sarah Pike, Solicitor - White SW Computer Law Introduction In general terms, secret use arises when the patentee has secretly used the invention prior to the priority date. One of the problems that arises when examining the meaning of ‘secret use’ under the Patent Act 1990 (Cth) (“the Act”) is that the term ‘use’ is not defined. This has left it open to the Courts to determine the definition of this term. As seen in Azuko Pty v Old Digger Pty Ltd (“Azuko”) the definition of the term ‘use’ …

pratpa

2011-02-14T08:44:58+10:00

Patents can be powerful private property rights Some view patent rights to have emerged “as it were by accident, to rank side by side with the new ‘copyright’ which [had] grown out of the new State regulations for printing”. For an accidental right of the 17th century, it has certainly developed to be a powerful part of intellectual property law.

privacy

2012-01-20T00:55:00+10:00

Abstract Technology provides unlimited opportunities for the collection and processing of data with efficiencies that have not been seen before. Consideration must be given to the limits to the collection and use of such information in the Health Care Industry and the legal implications of a breach of the law in relation to medical information.

privacylaws

2011-02-14T08:47:28+10:00

The Privacy Act 1988 (Cth) ( “the Privacy Act” ) applies to Commonwealth government departments and agencies and the private sector. The Privacy Act sets out, amongst other things: * The National Privacy Principles that apply to organisations. These principles deal with: * The way in which personal information is collected; * Storage and security of that information; * How that information can be used; * Access to personal information; and * Limits on the disclosure of p…

privacylegislation

2011-06-03T17:38:15+10:00

Commonwealth of Australia * Privacy Act 1988 (Cth) * Privacy (Private Sector) Regulations 2001 * Office of the Australian Information Commissioner Commonwealth of Australia * Office of the Australian Information Commissioner Case notes United Kingdom * UK Information Commissioner’s Office

qld

2011-05-17T14:09:12+10:00

Queensland Commercial Litigation Legislation * Business Names Act 1962 (QLD) * Business Names Regulation 1998 (QLD) * Magistates Court Act 1921 (QLD) * Supreme Court Act 1995 (QLD) * Supreme Court of Queensland Act 1991 (QLD)

quickcontracts

2011-02-14T08:41:10+10:00

When time does not permit full legal documentation, what other options are there when entering into a contract? A project suddenly takes off and you have not finalised the contracts. What can you do to best protect your position? This article looks at possible solutions and their advantages and disadvantages. Remember, it is unusual for parties to work together successfully if litigation is seen as the answer to a dispute or problem. However, if you are properly prepared most disputes can be av…

redrock

2011-02-14T08:45:24+10:00

relevant_links

2011-09-19T02:20:46+10:00

* Links which relate to our firm * Australian Links * International Links * Open Source Links * Legal Research Links

representations

2011-06-26T02:07:09+10:00

Representations are frequently subject to suit based on conduct which is misleading and deceptive and or the basis of an estoppel. For conduct which is misleading and deceptive please visit our Trade Practices pages. This webpage looks common law misrepresentation and estoppel.

repudiation

2011-11-14T00:45:20+10:00

When does a party repudiate a contract giving rise to another party the right to terminate the contract for such repudiation? The test is whether the conduct of one party is such as to convey to a reasonable person, in the situation of the other party, renunciation either of the contract as a whole or of a fundamental obligation under it.

sa

2011-05-17T14:10:20+10:00

South Australian Commercial Litigation Legislation * Business Names Act 1996 (SA) * Business Names Regulations 2010 (SA) * Magistates Court Act 1991 (SA) * Supreme Court Act 1935 (SA)

schools

2011-02-14T08:54:06+10:00

A computer programmer relies to a certain extent upon the honesty of their customers in order to make a return on the time and costs invested in developing a software program. Unfortunately, schools like many other organisations faced with budgetary restraints are looking for all possible sources of expense reduction and the computer programmer is often an easy and inadvertent target.

shapetm

2011-02-14T08:54:52+10:00

Sarah Pike, Solicitor - White SW Computer Law Introduction The Trade Marks Act 1995 (Cth) (“the 1995 Act”) broadened the definition of a trade mark, in part, by adding “shape” as a new type of sign that could be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person. Under the Trade Marks Act 1955 (Cth) (“the 1955 Act”), shape trade marks were generally not registrable because a trad…

slib

2011-02-14T08:53:52+10:00

Introduction Advertising on the Internet is an incredibly valuable tool and enables even the smallest, isolated business to offer its goods and services to consumers on a global basis. One way to attract business from consumers who are unaware of a trader’s website or other details, is the ranking of a trader’s site at one of the commonly used search engines in response to the search terms and criteria selected by the consumer. If a trader’s website does not appear near the top of the ranking…

slic

2011-02-14T08:57:52+10:00

When a customer requires software on a non-exclusive basis, the supply agreement will normally be in the form of a software licence. The terms of the licence should be carefully considered and preferably checked by a lawyer. WHAT ARE SOME ISSUES TO CONSIDER WHEN PREPARING A LICENSING AGREEMENT? As with all agreements, there should be adequate definitions of important terms. These should include points such as:

sma

2011-02-14T08:51:56+10:00

Does this ring a bell? Most people are unaware that since January 1996, the Spectrum Management Authority has been overseeing the phasing in of the new EMC framework. Compliance with these new regulations will be enforced from January 1997 and apply to all new products placed on the Australian market. The standards introduced will be subject to ongoing review and will consider international developments in this area.

sob

2011-10-28T07:36:38+10:00

The importance of doing your own enquiries You agreed on a price, signed an agreement and handed over the reins to your business - so what could go wrong? The sale of a business can be fraught with dangers for both vendor and purchaser. In a case where it all went wrong for the purchaser, the parties involved ended up in the Federal Court to have the matter decided.

solspam

2011-02-14T08:51:38+10:00

Steve White, Principal & Sarah Pike - White SW Computer Law Introduction It is now almost five months since the Spam Act 2003 (Cth) ( “Spam Act” ) came into force, but there does not seem to have been a great change in the level of spam being received by Australians The Spam Act prohibits the sending of “unsolicited commercial electronic messages”, without the consent of the recipient unless an exception applies. This article summarises the main provisions of the Spam Act, looks at some of the…

spamlegis

2011-02-14T08:52:36+10:00

Steve White, Principal & Sarah Pike - White SW Computer Law Introduction It is now almost five months since the Spam Act 2003 (Cth) (“Spam Act”) came into force, but there does not seem to have been a great change in the level of spam being received by Australians The Spam Act prohibits the sending of “unsolicited commercial electronic messages”, without the consent of the recipient unless an exception applies. This article summarises the main provisions of the Spam Act, looks at some of the …

spup

2011-02-14T08:50:14+10:00

Introduction Since the Spam Act 2003 (Cth) (“Spam Act”) came into force in April 2004, there has not been much news of spammers being prosecuted and our inboxes continue to be bombarded by unwanted messages. This article looks briefly at the outcome of the Australian legislative approach to combating spam.

ssstm

2011-02-14T08:49:22+10:00

Introduction Originally, the role of trade marks was as a consumer protection tool, linking goods to their supplier. However, trade marks have evolved over time into a form of intellectual property right whose main purpose is to protect the goodwill and reputation of the trade mark owner. As advertising methods have become more sophisticated, the goodwill and reputation of trade mark owners is now often associated with a broad range of signs used in the course of trade. Sounds, smells and sh…

start

2011-06-05T15:29:01+10:00

IntroductionAdviceBrochuresPersonnelAgreementsCasesOfficesArbitrationClaimsClientsEscrowLegislationLitigationLegal TopicsMediation LinksPatentsNewsTrade Marks NewslettersOther ServicesPapers[http://www.psc.gov.au]

steve_white

2011-06-03T12:52:22+10:00

Steve White is the principal and founder of the law firm White SW Computer Law. White SW Computer Law is a law firm which has practiced in the areas of Intellectual Property and Information Technology law since 1994. It has offices in Melbourne and Sydney, which provides legal, and legal related services, to:

swiss

2011-02-14T08:55:12+10:00

In March 1998, the Supreme Court of Victoria handed down its decision in the appeal case Switzerland Insurance Australia Ltd ("SIA") v Dundean Distributors Pty Ltd (“Dundean”) allowing an appeal from the County Court. Dundean held an insurance policy with SIA, which included coverage for electronic equipment. As a result of a “brown-out” (a drop in voltage), which caused Dundean's computers to shut down and then restart when the brown-out ceased, the hard disk in Dundean's insured computer equi…

swlicag

2011-02-14T08:53:00+10:00

When a customer requires software on a non-exclusive basis, the supply agreement will normally be in the form of a software licence. The terms of the licence should be carefully considered and preferably checked by your lawyer, as it is usually difficult to amend an agreement once work has commenced.

sysadmin

2011-02-14T08:59:06+10:00

SOFTWARE LICENSING * The software you use * Do you have the correct number of users as per your licensing agreement? * Is all software on your system licensed? Employers may be liable if they allow employees to use unlicensed software on the employer's information systems. * Do you conduct regular software audits to detect unlicensed software? * Do you store your software in a secure manner if this is required by your licensing agreement? * How easy is it for third parties to g…

tacp

2011-02-14T08:59:52+10:00

Are you eligible for a sales tax benefit? A Tax-advantaged computer program ( “TACP” ) is one that is contained in a carrying medium other than a microchip. The value of the TACP is deducted from the taxable value of the carrying medium before calculating the sales tax due.

tas

2011-05-17T14:16:16+10:00

Tasmanian Commercial Litigation Legislation * Business Names Act 1962 (TAS) * Business Names Regulations 2007 (TAS) * Magistates Court Act 1987 (TAS) * Supreme Court Act 1856 (TAS) * Supreme Court Act 1887 (TAS) * Supreme Court Act 1959 (TAS)

telecommunicationslegislation

2010-12-15T03:54:58+10:00

* Federal Court * Broadcasting Services Act 1992 (Cth) * Broadcasting Services (Digital Television Standards) Regulations 2000 * Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (Cth) * Classification (Publications, Films and Computer Games) Regulations 2005 * Classification (Publications, Films And Computer Games) (Enforcement) Act 1995 (Vic) * Radiocommunications Act 1992 (Cth) * Spam Act 2003 (Cth) * Spam Regulations 2004 * Telecommuni…

tmark

2011-02-14T09:06:46+10:00

WHAT IS A TRADE MARK? A trade mark may be a letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent or a combination of any of these which is used to distinguish the goods or services provided in the course of trade by a person from those provided by another person. Trade marks are personal property and may be protected, sold or assigned.

tpa

2011-02-19T12:06:03+10:00

The Trade Practices Act regulates: * how companies may conduct business * protection from anti-competitive or monopolistic business practices * the rights of consumers Are your sales staff or is your advertising misleading or deceptive? An over keen sales representative or flamboyant marketing material can make all sorts of representations as to the capabilities of the company's goods or services in an attempt to secure a sale. If these representations are misleading, deceptive or fals…

tpa1

2011-02-14T09:07:54+10:00

1. What does the Trade Practices Act ("TPA") govern? TPA covers, amongst other things: * obligations of corporations to their customers; and * Competition between businesses including anti-competitive practices including without limitation, price fixing and misuse of market power.

tpaact

2011-05-17T06:41:00+10:00

* Fair Trading (Australian Consumer Law) Act 1992

tpansw

2011-05-17T14:28:46+10:00

* Fair Trading Act 1987 (NSW) * Fair Trading Regulation 2007 (NSW)

tpant

2011-05-17T06:51:14+10:00

* Consumer Affairs and Fair Trading Act (NT)

tpapaper

2011-02-14T09:07:02+10:00

The Trade Practices Act 1974 (Cth) provides, amongst other things, guidelines as to: * how companies may conduct business; * protection from anti competitive or monopolistic business practices; and * the rights of consumers Are your sales staff and/or advertising materials misleading or deceptive? An over keen sales representative or flamboyant marketing material can make all sorts of representations as to the capabilities of the company's goods in an attempt to secure a sale. If these …

tpaparent

2011-05-19T11:21:33+10:00

New legislation came in force on January 1, 2011 replacing the Trade Practices Act. * The Australia Consumer Law a guide to provisions * You can download the new legislation from here More commentary * Trade Practices Generally

tpaqld

2011-05-17T04:44:04+10:00

Trade Practices/Consumer Legislation (Qld) * Fair Trading Act 1989 (QLD) * Fair Trading Regulation 2001 (QLD)

tpasa

2011-05-17T04:32:26+10:00

Trade Practices/Consumer Legislation (SA) * Fair Trading Act 1987 (SA) * Fair Trading (General) Regulations 1999 (SA)

tpatas

2011-05-17T04:43:38+10:00

Trade Practices/Consumer Legislation (Tas) * Fair Trading Act 1990 (TAS) * Fair Trading (Code of Practice for Motor Vehicle Traders) Regulations 1996 (TAS) * Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998 (TAS) * Goods (Trade Descriptions) Act 1971 (TAS)

tpavic

2011-05-17T04:44:24+10:00

Trade Practices/Consumer Legislation (Vic) * Fair Trading Act 1999 (VIC) * Fair Trading Regulations 2009 (VIC) * Goods Act 1958 (VIC)

tpawa

2011-05-17T04:42:22+10:00

Trade Practices/Consumer Legislation (WA) * Fair Trading Act 1987 (WA) * Fair Trading (Fitness Industry Code Of Practice) Regulations 2007 (WA) * Fair Trading (Footwear - Product Quality Standard) Regulations 1988 (WA) * Fair Trading (Furniture - Product Quality Standard) Regulations 1988 (WA) * Fair Trading (Infringement Notices) Regulations 2006 (WA) * Fair Trading (Product Information Standard) Regulations 2005 (WA) * Fair Trading (Product Safety Standard) Regulations 200…

trade_mark

2011-06-10T18:58:51+10:00

* How do I apply to register a trade mark and how much does it cost? * Trade Marks Act 1995 (Cth) * s7, Use of trade mark * Powers of authorised user of registered trade mark * s80F Failure to renew * s92, Application for removal of trade mark from Register * s101 Determination of opposed application--general * s120, When is a registered trade mark infringed?

trade_marks

2011-06-06T11:32:26+10:00

Our Services Our lawyers are registered trade mark attorneys and can assist you with any trade mark query that you may have. Please email us any questions that you may have. In the meantime, you may find this information useful. What is a Trade Mark? A trade mark may be a letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent or a combination of any of these which is used to distinguish the goods or services provided…

tradepracticesconsumerlegislation

2011-06-03T17:30:50+10:00

* Federal Court * Trade Practices and Consumer Legislation * ACT, NSW, NT, QLD, SA, TAS, VIC, WA * SingTel Optus Pty Ltd v Australian Football League * Houghton v Arms * Employees of a corporation liable for misleading or deceptive statements made in the course of their employment

trusts

2011-06-26T02:11:29+10:00

Trusts are frequently used commercial instrument whereby the legal ownership of some assets is separated from the beneficial interest. 1936 * Miller v Cameron * Dixon J said the jurisdiction to remove a trustee is exercised with a view to the interests of the beneficiaries, to the security of the trust property and to an efficient and satisfactory execution of the trusts and a faithful and sound exercise of the powers conferred upon the trustee. * In deciding to remove a trustee the …

usacontracts

2011-02-14T09:04:02+10:00

Introduction The United States of America is a common law country, as is Australia. Hence some considerations apply with respect contracts as they do in Australia. However, there are some peculiarities of which software developers should be aware. Please note that this is not an exhaustive list and is no substitute for obtaining legal advice for your particular circumstances.

vic

2011-05-30T11:47:20+10:00

* Business Names Act 1962 (Vic) * Business Names Regulations 2003 (Vic) * County Court Act 1958 (Vic) * Evidence Act 2008 (Vic) * s118 - Legal Advice * s119 - Litigation * Goods Act 1958 (Vic) * Magistates' Court Act 1989 (Vic) * Supreme Court Act 1986 (Vic) * Supreme Court (General Civil Procedure Rules) 2005 * 29.08 - Order for Particular Discovery

wa

2011-05-17T14:18:13+10:00

Western Australian Litigation Legislation * Business Names Act 1962 (WA) * Business Names Regulations (WA) * District Court of Western Australia Act 1969 (WA) * Magistates Court Act 2004 (WA) * Magistates Court (Civil Proceedings) Act 2004 (WA) * Supreme Court Act 1935 (WA)

webdevcon

2011-02-14T09:02:42+10:00

1. General Overview 1.1 The Internet contains web sites for an ever-increasing range of businesses and individuals. Many businesses use the Internet as a form of advertising and for the supply of goods and services. Hence both advertising laws and contractual terms are relevant in this new medium. 1.2 Being a new industry, the legal perils of web site development have yet to be fully examined by the Courts but there are some dangerous but manageable trends developing for developers and custom…

webissues

2011-02-14T09:01:44+10:00

The Internet is seen by many as the brave new frontier for global commerce. The legal aspects of operating an Internet based business are still being established and need to be carefully considered. The following “snippets” give you some examples of recent incidents and developments in Information Technology law, which you should consider when setting up and operating your web site. Where possible, URLs have been included to provide you with a source of further information.

websitedev

2011-02-14T09:05:14+10:00

SUMMARY Web site development involves the creation of a presence on the Internet and so introduces the customer to the myriad of legal issues that must be considered. A web site development agreement should determine which legal risks the customer is taking and which risks the developer will bear. A written agreement is an important first step to be completed.

websiteliab

2011-02-14T09:03:28+10:00

1. General Overview 1.1 The Internet contains web sites for an ever-increasing range of businesses and individuals. Many businesses use the Internet as a form of advertising and for the supply of goods and services. Hence both advertising laws and contractual terms are relevant in this new medium in addition to issues such as intellectual property ownership.

y2kbbe

2011-02-14T09:01:12+10:00

YEAR 2000 - IS IT JUST ANOTHER BUG? In many cases, older computer systems stored dates as a 6 character ( “byte” ) field, which includes 2 digits each for the day, month and year. eg 290598 for 25 May 1998. In such systems, 1 January 2000, is represented as '010100' which could be either 1 January 1900 or 1 January 2000. Accordingly, any function, which is dependent on a date calculation using 6 byte field dates, is a possible source of error.

y2kbug

2011-02-14T09:08:10+10:00

If you plan on giving yourself a headache on 1 January 2000, make sure it is as a result of your midnight champagne, not the Y2K bug! Whether your business is related to information technology or not, you should implement a Y2K compliance plan to test your date dependent equipment and software and to determine whether your suppliers have audited their businesses for Y2K compliance. Disruption to your suppliers' businesses, such as an inability to process purchase orders, may lead to you failing…

y2kchecklist

2011-02-14T09:06:10+10:00

Whether you are the customer using the software or the supplier an/or programmer, should a Y2K error occur in your software, it will be important to keep detailed notes of the circumstances of how the error occurred. Should a dispute arise, it will be important to be able to demonstrate from the recorded information how you think the fault arose. For example, faulty hardware or third part software may cause Y2K compliant software to appear as if it has a Y2K error.