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The finding is significant because it means that the threshold for potential defamation liability is met by the hosts of social media pages in relation to third party comments on those pages even if they have not seen those comments.  Importantly, the Court did not make any finding as to whether or not a defence of innocent dissemination is available to hosts.  The defence is likely to be available to hosts where they are not…
The Covid-19 pandemic has fuelled a boom in the UK’s video game industry.  A report by The Association for UK Interactive Entertainment (“UKIE”) published in March 2021 valued the industry at a record £7 billion in 2020, making it the largest in Europe[1]. To help the UK gaming industry compete in the global marketplace, the UK government introduced Video Games Tax Relief (“VGTR“) in April 2014 to incentivise video game development companies (“VGDCs“)…
The Australian Cyber Security Centre has labelled ransomware the ‘highest cyber threat’ facing Australian businesses. A 2020 Crowdstrike Report has found that over two-thirds (67%) of Australian organisations have suffered a ransomware attack in the last 12 months. The global rate sits at only 57%. In 33% of those cases, the affected company paid the ransom, costing an average of AU$1.25 million for each breach. Payment of the ransom provides resources to the criminal organisations…
On 9 April 2021, the Federal Court of Australia stayed proceedings brought by Epic Games (Epic) against Apple for various breaches of the CCA on the basis of a clause in the underlying agreement between the parties requiring that all disputes be heard by courts in the Northern District of California (an Exclusive Jurisdiction Clause). Our summary of this decision can be found at link. On 9 July 2021, the Full Federal Court overturned…
In the interview, Jonathan covers a wide range of topics, including litigating in CAS’s Ad Hoc Division, his involvement with the action taken by WADA in relation to Russian doping, “hot tubbing” of experts and how to become a sports lawyer. Jonathan also discusses some of his most significant cases, including the recent landmark Semenya v. IAAF ruling, dealing with fundamental issues concerning the eligibility criteria laid down by athletics’ governing body. You can read…
Focusing specifically on new and existing trends in using social media for IP infringement activities and good practices to address them, the discussion paper supplements EUIPO’s earlier report on monitoring and analysing social media in relation to IP infringement, and follows a similar publication by EUIPO on domain names compiled in March 2021. As social media diversifies and rises in popularity, the development of new strategies to misuse its unique combination of functionalities for the…
The use of unmanned aerial vehicles or, according to the commonly used term, “drones”, has become very common in our society. The wide-ranging possibilities offered by these aerial vehicles mean that their use is not solely limited to military missions since as technologies improve and costs fall, their use is rapidly becoming more widespread, including aerial photography, product deliveries, agriculture, policing and surveillance, infrastructure inspections, and also drone racing. In light of this, these aerial…
The Institute (whose website can be accessed here) argues that there must be an online infrastructure developed so that social media and other digital platforms can play a key role in balancing and protecting rights such as freedom of expression, prevention of online crime, and protection of intellectual property. In researching these issues, the Institute aims to raise awareness of the importance of upholding the rule of law online and developing a digital legal…
Key Change #1: Additional arsenal for rightsholders in the war against content piracy New provisions will be introduced that impose both civil and criminal liability on persons who deal with illicit media streaming devices, such as set-top boxes, or provide related services. Whilst the current Copyright Act contains provisions which may potentially be relied on to enjoin such activities, there are some difficulties with applying the same given that they had not been introduced with…
In this article, we highlight four key changes that are expected to have the most impact on the day-to-day operations of businesses, explain what they mean in practical terms and provide tips for dealing with challenges posed by the changes. Key Change #1: Creators and performers will have a new right to be identified In a nutshell Creators and performers will be given a new right to be identified whenever their work or performance is…