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QITC IT contracts framework an introduction
In August 2017, the Queensland Government introduced the Queensland Information Technology Contracting (QITC). The QITC framework replaces the Government Information Technology Contracting (GITC) framework. It was designed for the purpose of guiding all Queensland Government Information and Communications Technology (ICT) contracts.
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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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Australian legislation addresses loot boxes in video games
The Classification (Publications, Films and Computer Games) Amendment (Loot Boxes) Bill 2022 (Bill) has been tabled in the House of Representatives on the 28 November 2022. The private member’s Bill acts in response to growing support for the regulation of features and elements within video games which appear to simulate gambling.
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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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Software royalties and income tax
Discover how the Australian Taxation Office (ATO)’s draft Taxation Ruling 2021/D4 could affect your business. Learn more about the expanded scope of what is considered a royalty for income tax purposes and the potential tax implications.
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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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Software patent allowed for tracking user action
A decision by Australian Patent Office provides insight into patentable subject matter for computer-implemented inventions. Case of Facebook, Inc. [2020] APO 19 is a successful example of technical improvement in computer-implemented method, resulting in patentability even with generic computer implementation.
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Software as a service agreement revisited
Discover the legal considerations of commercialising a SaaS (Software-as-a-Service) Agreement as a business model. Uncover the key issues to consider when going to market with a SaaS offering, such as subscription terms, service levels, data handling, intellectual property (IP) in customizations, and more.
Software development law
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