IT Law

Advertising guidelines for Carriage Service Providers

This article gives an overview of the requirements set out under the Telecommunications Consumer Protections Code 2019 (TCP Code) for advertising by Carriage Service Providers (CSP).  The TCP is a binding code under the Telecommunications Act 1997 (Cth) and the Telecommunications Industry Ombudsman can take enforcement action CSP’s which breach the TCP Code. [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…]

Software as a Service agreements revisited

Offering software as a cloud-base software solution is important in this ever-increasing cloudy environment.  In a previous article we discussed the legal considerations for those commercialising a software as a service agreement (SaaS Agreement) as a business model.  Below we revisit SaaS Agreements and set out key issues to consider when going to market. [Read more…]

Managed service agreements for IT companies

A Managed Services Agreement (MSA) is an agreement between an IT managed services provider (MSP) and its client.   An MSP will manage and provide a defined set of services to its client as set out in the MSA.  Some common services that are provided by MSPs are systems and application management, managed communications, data backup and recovery, data storage, cloud services, network monitoring, management and security and software support and maintenance, authentication services, as well providing any necessary hardware. [Read more…]

What is a software licence agreement?

A software  licence agreement (Software Licence Agreement) is a contract where one party (Licensor) grants to another party (Licensee) the right to use the defined software.  It is often used by software developers (Developers) so that they can build and own a core application, customise it for particular clients and provide them with a licence to use the core.  In many cases this licence has been the start of a substantial business enterprise.  The term Software Licence Agreement can apply to both installed software as well as cloud based applications.  That said cloud based Apps are commonly referred to as “Software as a service contracts” or SaaS Contracts because they involve the right to access and use a software application as opposed to a right to reproduce the code. [Read more…]

Top 11 legal tips when selling a technology business

Selling a technology business can be an exciting time for shareholders and directors who have worked hard towards an exit.  Because of this, it’s important for the exit to be as smooth as possible.   Below we set out our top 11 tips for selling a technology business which, if followed, will ensure greater protection for sellers and reduce their risk. [Read more…]

s115A Copyright Act – infringement outside Australia

Section 115A of the Copyright Act 1968 (Cth) came into effect on 27 June 2015 and was amended on 11 December 2018 pursuant to the Copyright Amendment (Online Infringement) Act 2018 (no. 157, 2018) (Online Infringement Act).  The effect of the amendments as described in the Explanatory Memorandum to the Bill were to amend the threshold test from ‘primary purpose’ to ‘primary effect’, add a rebuttable presumption that an alleged ‘online location’ is located outside Australia, to extend the scope to online search engines (Deindexing Orders) and allow the Court to make “more responsive” orders in terms of injunctive relief. [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…]

Adaptions, computer code and copyright

An adaption in copyright is the exclusive right of the owner of the work in question.  Section 10 of the Copyright Act 1968 (Cth) (Act) defines adaption as it relates to literary works in dramatic and non-dramatic forms, in a computer program and in relation to a musical work.   The rights that apply to adaptions in different separate classes of literary works differ according to the respective category in question. [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…]

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