Domain name disputes – the case of eazyjet.com

The right to register and hold a domain name rests in the law of contract and essentially works as a limited licence to use it.  The terms of that contract are determined by the oversight body.  Generic Top Level Domains (gTLD) include .com, .edu and .gov while country code Top Level Domains (ccTLD) include .au and .nz.

While Courts have jurisdiction to hear disputes regarding domain names, referring a matter to the court is rarely the best course of action.  The Uniform Domain Name Dispute Resolution Policy (UDPR) is mandated by the Internet Corporation for Assigned Names and Numbers (ICANN) and enables alternate dispute resolution providers such as the World Intellectual Property Organisation (WIPO) to hear disputes and provide remedies. [Read more…]

EU General Data Protection Regulations (GDPR) – How to comply

If you are an Australian entity and want to inquire about compliance with the GDPR click here.

Similar to the Australian Privacy Principles (APP) as set out in the Australian Privacy Act 1988 (Cth) (Privacy Act), the General Data Protection Regulation (GDPR) ‘lays down rules relating to the protection of natural persons and the processing of their personal data.’  The GDPR came into force on 24 May 2016 and became binding on all European Union (EU) member states on 25 May 2018. [Read more…]

What is a term sheet?

A term sheet (Term Sheet) is a document that sets out the basic terms and conditions on which parties intend to enter into a commercial agreement.  Term Sheets are generally not intended to create legal relations between the parties but rather to form the basis of further discussions, which may be exclusive for a period of time and on a strictly confidential basis.  Once parties reach consensus on the commercial terms of a Term Sheet, a legally binding contract is then drawn up.

 

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Artificial intelligence – introductory thoughts on the legal issues

Whenever there is a wave of innovation, in the absence of statute, the Courts necessarily apply old world legal principles to the new technology.  This was certainly the case when social media and online business became mainstream.  Similarly the law in Australia that applies to bitcoin and the blockchain has left the promoters of initial coin offerings (ICO’s) struggling to understand their legal position – see our article titled:  “What is an initial coin offering”.  The advent of artificial intelligence (Artificial Intelligence or AI) however creates somewhat more challenging legal issues to be considered by technology lawyers whose client’s seek to develop applications with embedded AI. [Read more…]

Notifiable Data Breach Scheme commences 23 Feb 2018

As of 23 February 2018 a new notifiable data breach scheme (Scheme) will be enacted through legislation amending the Privacy Act 1988 (Cth) (Privacy Act) making it mandatory for certain entities to notify affected individuals about eligible data breaches.

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How to compare software developers based on methodology

Written by Eban Escott, Ph.D., CEO of WorkingMouse

When it comes time to choosing the right software developer or development team for your project, there is more to consider than simply comparing an hourly rate.  There are many factors that come into play, not least the choice between onshore and offshore developers.

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ASIC Statement on Initial Coin Offering

On 28 September 2017, ASIC released an Information Sheet to aid companies in establishing and meeting their legal obligations when undertaking an initial coin offering (ICO).  Whilst acknowledging that ICOs have the potential to beneficially widen the options available to both businesses and investors, ASIC Commissioner John Price also warned that “ICOs are highly speculative investments, are mostly unregulated and the chance of losing your investment is high”. [Read more…]

What is an Initial Coin Offering?

With the rise of cryptocurrencies (think Bitcoin and Ethereum), start-up businesses have engaged in a new method of sourcing funding from would-be investors – Initial Coin Offerings (ICOs).  ICOs are becoming an increasingly popular method for new businesses to raise money in a short period of time with minimal effort.  As ICOs are a new concept utilising new technologies, they are yet to be regulated in Australia.  However, with the rise in popularity of ICOs in Australia, and around the world, whether or not ICOs will be regulated is a question many expected to be answered shortly. [Read more…]

Software as a service (SaaS) contracts – legal considerations

In a world increasingly reliant on technology it is important that the promoters of new business models understand some of the legal issues that their new business models present.  In recent years, the development and reliance on software has spawned a new category of business model – software as a service (SaaS).  The SaaS contract usually differs from a software licence because the end user is not making a copy of the software but is obtaining a right to access it as a service.  This article discusses some of the legal issues that need to be considered by those commercialising a SaaS business model. [Read more…]

Software licences held to be “goods” under ACL

Software licences have been held to be “goods” under the Australian Consumer Law (ACL) by the Federal Court of Australia in Australian Competition and Consumer Commission v Valve Corporation (No 3) [2016] FCA 196.  The case also clarified the position of “choice of law” clauses and highlighted the difficulties of contracting out of ACL consumer guarantees. [Read more…]

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