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Confidentiality, unconscionability and contract
Telstra and Optus have an interconnect agreement, in part to regulate how callers originating from one network get delivered to the other, charges and the like. Optus successfully sued Telstra for...
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Copyright fest in Melbourne
IPRIA and CMCL at Melbourne Uni. are holding a half-day forum on 18 March on: iiNet Larrikin (Down Under) Telstra v PDC Speakers are: David Brennan, Melbourne Law School Melissa de Zwart, University...
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Still no copyright in (telephone) directories DownUnder
The Full Court (Keane CJ, Perram and Yates JJ) have dismissed Telstra’s appeal in the Phone Directories case. First impressions. Given the (arguably) disparate reasoning in the 2 judgments in IceTV,...
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IPwars in Belorussia
Mr Bohdan Zograf has very kindly translated the IPwars post on Telstra v PDC into Belorussian for the benefit (one hopes) of everyone in Belorussia interested in IP! Those of you with the appropriate...
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Amazon’s 1-click in Australia
On Telstra’s opposition to the grant of Amazon’s 1-click patent in Australia, the Commissioner’s delegate has found that: claims 1, 2 and 4 to 61 were invalid; but: It seems to me that the use to which...
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Telstra v PDC special leave
The High Court (Gummow and Bell JJ) refused Telstra’s special leave application this morning. Young QC for Telstra ran hard on the concurrent findings that there was human skill and effort in the...
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Telstra v PDC update
The transcript of Telstra’s unsuccessful application for special leave has now been posted here. The Sydney Morning Herald speculates that Telstra is seeking talks with the Attorney General “to close...
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Optus TV Now and the threat to sports’ millions
The media yesterday was splashed with stories about how Optus is threatening the flow of revenues to sports such as the NRL and the AFL through its TV Now service (for example, here and here and here)....
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Optus TV Now … 2
Follow last Friday’s post, in the twittersphere @wenhu points out that s 22(6) defines who the maker of a communication is: (6) For the purposes of this Act, a communication other than a broadcast is...
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Optus wins first round of Optus TV Now!
At first instance, Rares J has ruled that Optus’ TV Now service does not infringe the copyright in broadcasts of the AFL or the NRL (its the first round only as, by agreement, leave to appeal to the...
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Optus TV Now (no more)
The Full Court (Finn, Emmett and Bennett JJ) has unanimously allowed the appeal from Rares J’s finding that Optus TV Now did not infringe the copyright held by the AFL, the NRL and Telstra in...
View ArticleauDRP Overview
Prof Andrew Christie is launching the auDRP Overview, an analysis of decisions under the auDRP on Wednesday 27 August 2014 at 9:15am.
View ArticleThe word yellow is descriptive of online directories
Telstra has lost its appeal in the “Yellow” case. The Full Court upheld the trial judge’s conclusion that the word “yellow” lacked any capacity to distinguish print or online directories under (the old...
View ArticleOnline copyright infringement in australia
Playing catch up: last month saw some significant developments for online copyright infringement in Australia: First, Dallas Buyers Club’s lawyers announced it is no longer pursuing its court action to...
View ArticleThird party website blocking Down Under – second look
A Following up last week’s quick note, a closer look at Nicholas J’s decision in Roadshow Films v Telstra ordering the ISPs to block access to a number of offshore websites on the basis that they were...
View ArticleMore third party website blocking injunctions
Nicholas J has granted another round of injunctions ordering ISPs to block access to offshore copyright infringing sites. Having established the ground rules in the earlier applications (here and...
View ArticleNew Twist In Website Blocking Injunctions
Nicholas J has granted further injunctions under s 115A against the telcos / ISPs to block access to websites related to HD Subs+. The interesting point about these injunctions is that the blocked...
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