|
NEWSLETTER
TECHNOLOGY LAW
AUGUST 2007 |
|
 |
 |
 |
 |
 |
|
 |
WELCOME
KENT DAVEY
PARTNER
Welcome to the second
edition of our
Technology Law
Newsletter. This
Newsletter contains
articles which consider
current topical
technology law issues
involving on-line
"scalpers", copyright
indemnities, missed call
marketing and allegedly
misleading and deceptive
conduct by a well-known
search engine.
We welcome your feedback
on topics that you would
like us to cover in
future editions of our
Technology Law
Newsletter.
These articles have been
prepared by members of
our Technology Law Team
who have a wealth of
knowledge and experience
in the area of
technology law gained
from advising clients
over many years in
relation to the
acquisition, supply and
development of
technology products and
services. A copy of our
new Technology Law Team
Capability Statement for
2007/08 which provides
further details about
our Technology Law Team
and technology law
services is available on
request.
We also extend to you an
invitation to join
us for our
upcoming seminar on
"Managing IT Contracts:
How to manage IT
contracts to achieve a
successful outcome".
Both good governance and
sound commercial
practice require
organisations to effectively
manage their IT
contracts to achieve a
successful outcome. Our
seminar will provide attendees
with guidance on how to
effectively manage
contracts with IT
suppliers. We hope that
you are able to join us
for our seminar which
will be held at our
offices on Thursday 9th
August 2007.
|
|
 |
IT’S JUST NOT CRICKET – SUCCESSFUL
PROTECTION AGAINST ON-LINE
“SCALPERS”
ANDREW CASPAR
SPECIAL COUNSEL
The world of e-commerce met head-on
recently with two Australian summer
traditions, with very different
results. In August 2006, Cricket
Australia cancelled 1300 tickets for
the 2006-07 Ashes test series, some
of which had been traded on eBay at
inflated prices. In December 2006,
however, the Federal Court sitting
in Sydney ruled that promoters of
the 2007 Big Day Out live music
festival could not cancel – or even
threaten to cancel – certain tickets
which had been re-sold for a profit,
some of them through eBay.
CLICK HERE TO
READ MORE |
|
|
|
|
COPYRIGHT INDEMNITIES COME
TO THE PARTY
CRAIG SUBOCZ
SOLICITOR
Indemnities against infringement of third
parties’ copyrights are generally demanded by
customers under a contract for the supply of
software and associated services. The decision
in C & J Designer Homes Pty Ltd v Robey & Ors
(“Robey”), in the Federal Magistrates
Court, illustrates the need to carefully
consider the indemnity’s operation.
CLICK HERE TO READ MORE |
 |
SPAM
ACT PENALTY OF $149,00 FOR MISSED CALL MARKETING
KENT DAVEY
PARTNER
The
Australian Communications and Media Authority ("ACMA")
recently issued DC Marketing Europe Limited ("DC
Marketing") with an infringement notice under
the Spam Act 2003 (Cth) ("Spam Act")
requiring payment of a penalty of $149,600.
DC Marketing had engaged in missed call
marketing activities which involve making calls
of short duration to mobile phones which leave a
“missed call” message on the phones.
CLICK HERE TO READ MORE |
 |
ACCC TO FIGHT
THE TRADING POST AND GOOGLE
CRAIG SUBOCZ
SOLICITOR
The
Australian Competition and Consumer Commission
announced on 12 July 2007 that it had commenced
proceedings in the Federal Court of Australia
against Trading Post Australia Pty Ltd and
Google for breaches of the Trade Practices
Act.
CLICK HERE TO READ MORE |
|
|
|
|
CLICK HERE TO
VIEW OUR OTHER NEWS ARTICLES |
|
LEVEL 12, 469 LA TROBE STREET
MELBOURNE VIC 3000. PO BOX 5146AA
MELBOURNE VIC 3001
T: +61 3 96091555 F: +61 3 96091600 E:
INFO@RK.COM.AU W:
WWW.RK.COM.AU
SUBSCRIBE |
UNSUBSCRIBE
Copyright 2007 © Russell Kennedy.
The information contained in this publication is intended as
general commentary and should not be regarded as legal
advice. Should you require specific advice on any of the
topics or areas discussed, please contact the author
directly.
|
|
