Do I have an implied software license?

A licence to use software usually authorises the terms of use of the products by an end user.   These types of licences are usually entered into by express agreement and the passing of consideration (Dundas Lawyers previously discussed software licence agreements here).  However, there are circumstances where a licence to use software may be implied from the surrounding circumstances.  This article discusses the recent Federal Court case of QAD Inc v Shepparton Partners Collective Operations Pty Ltd [2021] FCA 615 which considers factors which might give rise to an ‘implied licence’.

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Government surveillance bill passed by Parliament

On 25 August 2021 Federal Parliament passed the Surveillance Legislation Amendment (Identify and Disrupt) Bill 2021 (Bill).  The Bill modifies various acts, including the Surveillance Devices Act 2004 (Cth) (SDA) and the Crimes Act 1914 (Cth) (CA), to enhance the law enforcement powers of the Australian Federal Police and the Australian Criminal Intelligence Commission in respect of serious online crime.[1]  The Bill introduces three (3) new warrants:

  • data disruption warrants;
  • network activity warrants; and
  • account takeover warrants.

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Credit card ban – online gambling services

On 25 August 2020, the Interactive Gambling Amendment (Prohibition on Credit Card Use) Bill 2020 (Cth) (Bill) was introduced in the Commonwealth Senate.  The Bill’s aim if passed is to amend the Interactive Gambling Act 2001 (Cth) (Act) to prohibit the use of credit cards to bet with certain gambling services.  The Bill’s day of Assent was to be six (6) months after its commencement, however, on 18 March 2021, the Senate referred it to the Environment and Communications Legislation Committee (Committee) for inquiry and report.  This report is due 8 October 2021 and will provide recommendations to the form of the Bill that is to be made law.  This article outlines the current Australian law on gambling and discusses the changes that are to be made by the Bill. [Read more…]

Employsure’s Google ads found to have mislead businesses

The Full Federal Court, in the case of Australian Competition and Consumer Commission v Employsure Pty Ltd [2021] FCAFC 142, unanimously upheld the appeal by the ACCC regarding a number of Google Ads, posted by Employsure Pty Ltd (Employsure) – a workplace relations advisory company) between August 2016 and August 2018.

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Can email trackers be submitted as evidence?

Whether email trackers, read receipts and similar indicators that show an email has been received and, ostensibly, read can be submitted as evidence has not been substantially considered in standing jurisprudence.  This article briefly considers whether, in light of existing case law, email trackers can be submitted as evidence. [Read more…]

Use of competitors trademarks for comparative advertising

Comparative advertising is a popular way to win market share by promoting superiority of a product or a service over a competitor.  Businesses often use comparative advertisement as a direct challenge to a competitor’s product or service by comparing it with the size/volume, quality, price, or range of their own product or service.  Comparative advertising can be useful for consumers in making choices between similar products or services, but how is the use of a competitor’s trade mark in comparative advertising handled under Australian law? [Read more…]

Uber breaches Australian privacy laws

The recent decision by the Australian Information Commissioner and Privacy Commissioner, Angele Falk, (Commissioner) in Commissioner Initiated Investigation into Uber Technologies, Inc. & Uber B.V. (Privacy) [2021] AICmr 34 (Uber) has provided further guidance as to exactly who is bound by the Privacy Act 1988 (Cth) (Act) though the ‘Australian link’ set out in subsections 5B(2)-(3) (Australian Link).  A full breakdown of what amounts to an Australian Link can be viewed in another article here.  This article discusses the Australian Privacy Principles (APPs) that were breached by Uber and what was decided the ride-sharing entity was to do in response to non-compliance with the Act. [Read more…]

International companies can be bound by Australian privacy laws

The recent determination by the Australian Information Commissioner and Privacy Commissioner, Angele Falk, (Commissioner) in Commissioner Initiated Investigation into Uber Technologies, Inc. & Uber B.V. (Privacy) [2021] AICmr 34 (Uber) provides further guidance on the extraterritorial connection of the Privacy Act 1988 (Cth) (Act) though the ‘Australian link’ set out in subsections 5B(2)-(3) (Australian Link).  This article discusses how the Office of the Australian Information Commissioner (OIAC) will assess whether an entity has an Australian Link to legally bind international entities to the Act. [Read more…]

COVID imposed document e-signing to remain

Temporary measures were introduced under the Corporations (Coronavirus Economic Response) Determination (No 3) (Determination) to exempt certain persons from the operation of provisions interfering with their ability to manage their business through the impacts of COVID-19.  Section 6(3) of the Determination did away with standard requirements for signing requirements.  The measures expired as of 21 March 2021.  In light of continued impact of the pandemic both Houses of Parliament have passed the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021 (Bill) on 10 August 2021, which provides for electronic:

  • document execution;
  • notice of meetings;
  • electronic keeping of minutes; and
  • virtually held meetings.

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Ransomware Payments Bill 2021 (Cth)

Ransomware is a type of software which maliciously denies an organisation access to their own IT systems and often threatens to release information within such a system subject to the payment of a ransom.  The government believes ransomware attacks are Australia’s largest cyber threat.[1]  The Ransomware Payments Bill 2021 (Cth) (Bill) intends to establish mandatory reporting requirements for all of Commonwealth entities, State or Territory agencies, corporations and partnerships who make ransomware payments pursuant to a ransomware attack.  The Bill would see such organisations provide notice to the Australian Cyber Security Centre (ACSC). [Read more…]

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