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NEWSLETTER TECHNOLOGY LAW
NOVEMBER 2007

WELCOME

KENT DAVEY PRINCIPAL

Welcome to the third edition of our Technology Law Newsletter for the year. This Newsletter contains articles covering the Nine Network v Ice TV case involving copyright protection for compilations, effective management of ICT contracts, unfair contract terms in online contracts and the ICT sourcing guide released by the Australian Government Information Management Office.

We recently presented in conjunction with Pitcher Partners our "Green Information and Communications Technology (ICT) Seminar: Implementing Environmentally Friendly ICT Practices" which was very well attended. The Seminar provided attendees with details about the latest environmentally friendly ICT practices and guidance on implementing such practices within their own organisation. We attach a link to the PowerPoint slides that were presented at the Seminar for those of our readers who were unable to attend.

As a member of the Victorian Government Legal Services Panel we recently received our survey results for the 2006/07 financial year for our performance in providing legal services to the Victorian Government under the Intellectual Property and Technology Law Component of the Panel. We are extremely pleased to have received the highest possible rating of 5 out of 5 in all areas surveyed and as an overall client satisfaction rating. The areas surveyed included our capability to provide legal services, our ability to understand and meet client needs, our ability to manage legal costs and our timeliness in providing legal services.

As this is the final edition of our Technology Law Newsletter for the year we would like to take this opportunity to thank all of our clients for their support during the year and to wish all of our clients and other readers an enjoyable and safe Xmas and New Year.

NINE NETWORK V ICE TV - DOES COPYRIGHT PROTECT YOUR COMPILATION?

JONATHAN TEH SOLICITOR

You have invested time and effort into collecting and arranging your business information, and it has become an important business asset. Will copyright in your compilation prevent a competitor from gathering the same information?

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EFFECTIVELY MANAGING ICT CONTRACTS

KENT DAVEY PRINCIPAL

Many organisations give careful attention to the procurement process for the acquisition of ICT goods and services but fail to give the same degree of attention to managing their ICT contracts for the supply of the ICT goods and services. Both good governance and sound commercial practice require organisations to effectively manage their ICT contracts to achieve successful outcomes. This article is intended to assist organisations to effectively manage their ICT contracts.

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UNFAIR CONTRACT TERMS AND ONLINE CONTRACTS

CRAIG SUBOCZ SOLICITOR

In 2003, the Victorian Government amended the Fair Trading Act 1999 (Vic) to protect consumers from ‘unfair contract terms’ in ‘consumer contracts’. The Government considered that consumers need protection in situations where the supplier offered goods or services under a standard set of terms and conditions that heavily favoured the supplier.

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AUSTRALIAN GOVERNMENT ICT SOURCING GUIDE RELEASED

KENT DAVEY PRINCIPAL

The Australian Government Information Management Office (AGIMO) recently released the second edition of A Guide to ICT Sourcing for Australian Government Agencies, Developing and Executing an ICT Sourcing Strategy (Guide). AGIMO developed the Guide in response to demand from Australian Government departments and agencies for clear and objective advice about ICT sourcing issues. The Guide describes how organisations may manage their ICT sourcing based on a four-phase ICT sourcing lifecycle.

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Copyright 2007 © Russell Kennedy Pty Ltd
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.