carriage service provider

Telco reseller agreements – legal issues

There are over 800 carriage service providers (CSPs) in Australia. CSPs that do not also have a carrier licence buy network services from carriers. Each network service offered by carriers has its own set of flow down terms that must be passed down into the CSPs end user standard form of service agreement (SFA). In this article, we consider the key legal issues when entering into a reseller agreement with network service providers and the impact on the SFA. [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…]

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