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Domain name disputes – a summary of the process
A domain name is a string of text that maps to an alphanumeric IP address, enabling users to access websites through client-side software.[1] Domains can be valuable business assets, and they frequently become the subject of disputes regarding the legitimacy of their registration among organisations with competing rights.
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Misuse of confidential information in source code
In Australia, computer code can amount to confidential information as well as being subject to copyright protection. In some cases the two things overlap as was the case in decision of the Court in Optus Networks Pty Ltd v Telstra Corporation Ltd (2010) 265 ALR 281; [2010] FCAFC 21.
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Software developer obtains Court order – names behind IP addresses
Justice Burley of the Federal Court of Australia in the case of Siemens Industry Software Inc v Telstra Corporation Limited [2020] FCA 901 ordered that Telstra, within fourteen (14) days, provide to Siemens all documents in its control relating to the identity of certain Telstra Account holders. Those account holders were suspected by Siemens of…
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Implied terms in software contracts – part 2
This article examines the concept of implied terms in software contracts, including the requirements for implying a term, the process of determining implied terms, and examples of implied terms applied in software agreements.
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Australian Court: AI can’t be “inventor” in Australian patent
The Federal Court of Australia has made a groundbreaking ruling on the patentability of works created by Artificial Intelligence. Explore the implications of this decision and what it could mean for the future of patent law.
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My client poached my software developers – what can I do?
This article examines how professional service businesses can protect their investment in employees from clients poaching them. It looks at potential clauses such as client agreements, non-solicitation of employees, restraints of trade, confidential information, copyright and more.
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What is a software licence agreement?
A Software Licence Agreement (SLA) is a contract between two parties granting the right to use software. Learn more about common clauses, legal issues, and how to protect yourself when drafting the agreement.
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Copyright, code libraries and ownership
The Australian case of Redrock Holdings Pty Ltd and Hotline Communications Ltd v Hinkley [2001] VSC 91 has shed light on how the ownership of copyright in code libraries is determined. Learn more about the dispute and its implications for copyright ownership in this blog post.
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Has my software been copied? – the legal test
This article examines the legal test for a “substantial reproduction” of computer code, as established by the High Court in Data Access Corporation v Powerflex Services Pty Ltd [1999] HCA 49 and further discussed in subsequent cases. The Court will consider the essential features of the work to determine if there has been a substantial…
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