Internet Law

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…]

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…]

Unjustified threats of trademark infringement

Where a party threatens another with legal proceedings for trademark infringement the recipient of the threats may have grounds to commence proceedings for making unjust threats.  In other words where the threats are unjustified the recipient may apply to the Court for relief from the unjust threats. [Read more…]

Explaining the Media Bargaining Code

On 18 February 2021, social media company Facebook made the decision to prohibit the publishing and sharing of links (Links) from Australian media companies (News Companies) on the site.  This ban came into effect almost immediately after the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2021 (Cth) (Media Bargaining Code) passed the House of Representatives.  The ban has roadblocked News Companies from 9 News to the Bureau of Meteorology and even the beloved satirical news provider, The Betoota Advocate.  This article analyses the proposals of the Media Bargaining Code and what the legal effect of non-compliance may be. [Read more…]

Standard form telecommunications services agreements

Too often carriage service providers neglect to ensure that their standard form of service agreement (SFA’s) comply with the telecommunications law regulatory regime.   This can lead to consumer complaints to the Telecommunications Industry Ombudsman (TIO) and orders for compensation to be paid to the Consumer and fines.   Below we set out some of the key requirements that need to be complied with for carriage service providers comply with the telecommunications law. [Read more…]

Can meta tags constitute trade mark infringement?

Search engines use a variety of algorithms and methods to determine the relevancy and ranking of websites on the search results page, based on keywords.  Importantly, search engines can refer to a websites ‘meta tags’ to find relevant words to match with search results.  As a result, meta tags have become increasingly important for businesses and their online presence.  However, the case of Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 554 (Accor Case) highlights the difficulties of meta tags with respect to trade mark infringement. [Read more…]

Aussie Court orders Google to unmask reviewer

Online reviews are crucial to most business’ online presence.  While some reviewers openly share their identity along with their comments, many choose to remain anonymous.  In the case of false, misleading or defamatory online reviews, this can create a host of issues for businesses seeking to remove the review or commence legal proceedings against a reviewer.  This was evident in the recent case of Kabbabe v Google LLC [2020] FCA 126. [Read more…]

Proposed standards for online safety

In December 2019, the Australian Government released a discussion paper on a proposed “Online Safety Act” (Proposal) for consultation.  The Proposal is intended to combine and coordinate the existing framework into a single piece of legislation, and provide an update in accordance with the changes in the digital landscape.  The Proposal will encourage businesses trading online to take more responsibility for material on their platforms. [Read more…]

Phasing out the innovation patent

Article updated 14/02/2020

The Innovation Patent system was originally introduced in 2001 to provide a cheaper, more efficient way for small to medium-sized businesses to protect their intellectual property through the ‘innovative step’ test.  Innovation Patents protect those inventions that do not meet the inventive step threshold required for standard patents.  However, the recent Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 (the Bill) will see the eventual phasing out of the Innovation Patent system in Australia. [Read more…]

Software litigation – how much evidence is enough?

Litigation involving software commonly involves allegations of copyright infringement and breaches of contractual obligations of confidence.  However, without an “anton pillar” style order, it can be challenging to substantiate the extent of any alleged breach due to the technological nuances involved with properly analysing available evidence.   This make it difficult for the plaintiff to decide whether or not to initiate legal proceedings against an infringing party.  In circumstances where a prospective applicant does not have complete access to the source code, it may be desirable to make an application for discovery prior to the start of proceedings pursuant to Rule 7.23 of the Federal Court Rules 2011 (Cth) (Rules). [Read more…]

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