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…]
IT Law
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…]
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…]
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…]
Data breaches: what exactly is serious harm?
The Notifiable Data Breaches Scheme applies to entities (APP Entities) that are required to protect personal information pursuant to the Australian Privacy Act 1988 (Cth) (Act). The Act provides that where an eligible data breach (EDB) occurs, APP Entities in control of that information must notify the Office of the Australian Information Commissioner (OAIC) and the individuals who are affected by the EDB. [Read more…]
Copyright, code libraries and ownership
In Australia, copyright automatically vests in certain types of literary works, including computer programs and artistic works, upon their creation. The general rule is that the owner of copyright in a literary or artistic work is the author of that work.[1] An exception to this rule arises if the work is made by an employee pursuant to the terms of their employment. In this case, the employer owns the copyright subsisting in the employee-generated work. However, the distinction of whether an employee has created the work pursuant to the terms of employment, is not always clear. This issue was considered in the case of Redrock Holdings Pty Ltd and Hotline Communications Ltd v Hinkley [2001] VSC 91 (Redrock). [Read more…]