Friday - 11 April, 2008Sponsored linksRemember how, in a world first, the ACCC sued Google and the Trading Post over "sponsored links" which were alleged to be misleading or deceptive. Well, the Australian IT reports that Telstra has settled with the ACCC, admitting that its Trading Post division had engaged in misleading and deceptive conduct ... Tuesday - 05 February, 2008Subpoenaing the telco/ISP to discover the P2P downloaderThe European Court of Justice has ruled that member states may, but do not have to, provide that copyright owners can subpoena the telephone company (or ISP) to identify who the (alleged) downloading infringers are ... Friday - 16 November, 2007Gossip, rumor and privacy on the internet - the future of reputationRemember the woman who sent a raunchy email to her boyfriend the morning after, only to have the Cad email it (eventually) all round the world? Then, there's Dog Poop Girl, who was so embarrassingly outed on the Internet that she found it necessary to drop out of her University ... Thursday - 20 September, 20072Clix backs downAccording to the Age, 2Clix has decided to withdraw from its attempt to sue the Whirlpool forum operator for injurious falsehood ... Thursday - 13 September, 2007Privacy, freedom of speech and the fundamental right to make moneyAnother illustration of the intersection of privacy, free speech and other fundamental rights: Whirlpool - the forum - is a fantastic online resource where you can check out broadband plans, get advice from people about technology they use and ISPs, who's good with customer service, who has or doesn't have good quality lines etc. The thing is, members of the great unwashed public - that's right me and you and people from all over - write about their own experiences (although some seem to be driven by other impulses - to vent their rage or promote the sale of products they stock/make etc.) Somebody called "2Clix" didn't like the comments somebody else posted about them on Whirlpool and has sued Whirlpool for injurious falsehood alleging sales losses in the order of $150,000 per month ... Tuesday - 07 August, 2007More on enforceability of eBay contractsFollowing yesterday's post, Smythe v Thomas [2007] NSWSC 844 is now online ... Monday - 06 August, 2007eBay contracts are enforceable in AustraliaThe Sydney Morning Herald reports that a NSW Supreme Court judge has upheld an eBay auction contract ... Wednesday - 01 August, 2007Canadian Supreme Court on internet contractsOne weekend, Dell in Canada published prices for its Axim computers of C$89 and C$118 (instead of (C$379 and $549) on its website by mistake. It fixed up the mistake on the Monday. While it usually had 2 or 3 customers for Axims over a weekend, that weekend, it had 354 from Quebec. Dell tried to block the class action on the basis of an arbitration clause incorporated into the contracts by a hyperlink to standard terms and conditions. The lower courts refused to enforce the arbitration clause or uphold the validity of terms and conditions which were incorporated into the contract by means of a hyperlink. According to Prof. Michael Geist, the Canadian Supreme Court reversed, upholding the enforceability of arbitration clauses and the validity of hyperlinking to the terms and conditions in ecommerce contracts ... Monday - 23 July, 2007More on sponsored links, Google and the ACCCYou will recall that the ACCC has launched a "world first" legal action against the Trading Post and Google over allegedly misleading or deceptive sponsored links ... Friday - 13 July, 2007ACCC sues Trading Post and Google over sponsored linksIn what it describes as a global first, the ACCC is suing the Trading Post and Google over sponsored links on their websites in 2005 which are alleged to contravene s 52 and 53(d) of the Trade Practices Act 1974 ... Monday - 12 February, 2007Liability for hyperlinking, location tool services and content aggregation servicesThe UK's Department of Trade and
Industry, "mindful of its obligation for evidence based-regulations" has
concluded that there shouldn't be any extensions to the current limitations on
liability of providers of hyperlinks, location tool services and content
aggregation services.
Wednesday - 08 November, 2006Spammer goes downIn Australia's first prosecution under
the new Act, Nicholson J has imposed fines of AUD$4.5 million on the corporate
entity and AUD$1 million on its sole director for sending "unsolicitied
electronic messages" and "use of harvested electronic addresses" in
contravention of the Spam Act 2003 (Cth).
Friday - 03 November, 2006Anti-spam measureEveryone gets lots of spam. Many of us
have (overwhelmed) filters to try and block some of it. People with their own
domain names are increasingly reporting that their email addresses are being
used to send spam without their permission. What do you do if your(or your
client's) email address is being used this way?
Thursday - 18 May, 2006Remember the little boy and the hole in the dike?Joshua Gans (over at CoreEcon) - no he's
not the little boy - draws our attention to a report about the highest priced
words on Google ...
Monday - 24 April, 2006More on sponsored linksKim Weatherall rounds up the commentary
on Telstra's latest controversy over sponsored links here and points out that
Joshua Gans has discovered lots of people do it ...
Wednesday - 19 April, 2006Sponsored linksAnother opportunity to clarify the law
about sponsored links (in search engine results) has gone begging
...
Wednesday - 12 April, 2006Payments from NigeriaMr Ison was trying to fend off a
bankruptcy petition brought against him by relying on some emails purporting to
confirm that very substantial payments had been delayed but were about to be
transferred to Mr Ison's bank account. The emails were from various individuals
claiming to have official positions in Nigerian government agencies, but their
addresses ended @yahoo.com.
Monday - 03 April, 2006Cross-border communications and legal liabilityThe University of Melbourne's CMCL is
holding a seminar on legal liability and dispute resolution for cross-border
communications.
Tuesday - 28 March, 2006Notice and take downMr Kopp writes a book on how to win (or
at least play better) at the online game World of
Warcraft.
He sells the book via Ebay, quite successfully. The owners of the rights to World of Warcraft claim he has infringed their copyright and trade marks ... Wednesday - 25 January, 2006Tracing an emailvia Dennis
Kennedy, a link to a useful outline of tracing where an email has come
from ...
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