Mandatory data retention bill introduced to Australian parliament

Today the Australian government introduced its much anticipated bill to amend telecommunications laws to require providers of certain communications services to retain so-called “metadata” about the communications they carry. The government clearly anticipates that the proposals will be controversial – the Explanatory Memorandum accompanying the bill includes a detailed “Statement of Compatibility with Human Rights” of 144 paragraphs. Amongst other …

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Aereo fails to turn lemons into lemonade – TV retransmission service blocked by preliminary injunction

In June, the Supreme Court of the United States found that the Aereo TV service, which allowed subscribers to stream free-to-air television broadcasts over the internet, infringed copyright in television programs. Following the Supreme Court’s decision, Aereo has attempted unsuccessfully (in the words of Judge Nathan) “to turn lemons into lemonade” by using the Supreme Court’s characterisation of the Aereo …

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ACCC imposes strict transparency provisions on updated Medicines Australia Code of Conduct

Roll-out of a new edition of Medicines Australia’s Code of Conduct has struck a roadblock, with the ACCC requesting that Medicines Australia amend the Code to include additional transparency requirements.  The ACCC released a draft determination on 17 October indicating that it will not grant approval of the new edition of the Code unless those amendments are made.  The proposed …

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New rules for recording and broadcasting judgments in the NSW Supreme Court

In news that will be of particular interest to media organisations, the Supreme Court of NSW has introduced new rules that provide for judgment to be recorded and broadcast. Under the new rules (Part 9A of the Supreme Court Act 1970 and Part 13 of the Supreme Court Rules 1970), a person may apply to the Court for permission to …

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13 candy shapes you might find in your Halloween trick or treat bucket this year.  Can you guess them all?

Can you guess the candy brand from their shape?  We’re betting you can.  Behold the power of the “shape mark”.

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De-identification and medical records in NSW

Are health service providers in New South Wales obliged by the Health Records and Information Privacy Act 2002 (NSW) to de-identify medical records on the request of a patient? Not according to this recent decision of the NSW Civil and Administrative Tribunal. On 20 October 2014 the Tribunal dismissed a claim against a local health district in which the applicant …

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Did Led Zeppelin really climb the Stairway to Heaven? Or does the Spirit of the song lie elsewhere?

Led Zeppelin is not the author of “Rock’s greatest song” – alleges a law suit filed against iconic rock band Led Zeppelin. In May this year, the estate of Randy California who was a founding member of the eclectic rock band Spirit filed a quirky pleading (the typeface in the sections headings of the pleading mimicking that used for Led …

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Domain name disputes and the onus of truth

Avid readers of this blog might be aware of the au Dispute Resolution Policy (the “auDRP”). The purpose of the auDRP is to provide a cheaper, speedier, alternative to litigation for the resolution of dispute between the registrant of a domain name and a party claiming competing rights in that domain name. The auDRP is our version of ICANN’s UDRP, …

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