Apple Samsung – Prior Art Patent Challenge

September 1, 2011 Leave a comment

Samsung is challenging Apples patent on the iPad claiming it is an example of “prior art” for the general design of the iPad and says the tablet depicted in the movie “has an overall rectangular shape with a dominant display screen, narrow borders, a predominately flat front surface, a flat back surface (which is evident because the tablets are lying flat on the table’s surface), and a thin form factor”.

Science fiction is a common source of products for the future … cast your mind back to farenheight 451 from the 60′s where we were first introduced to the concept of reality TV. A more recent example is the kinetic visual data manipulation scene in Minority Report.

Science Fiction, as opposed to fantasy, as an art form is predicated by imagination and invention and a bold perception of the world we may be living in on some future time and the technologies we might use.

If Samsung is successful with this patent challenge, prepare for a raft of similar claims by competitors across a range of technological innovation.

Filed under Intellectual Property

Cybercrime Act – a case of all in..?

August 21, 2011 Leave a comment

Should we be concerend by the international enthusiasm to subscribe to Council of Europe Convention on Cybercrime – the only international treaty on cybercrime on offer.

There is no arguement that cyber crime is rampant and the ‘less than honest’ are way ahead of the game and comfortably operating in the absence of any real effective legal counter measures. It is difficult proposition, but should Australia commit in a wholesale manner to the first sign of an international effort to address this issue.

Anyway, under probable consideration it is, with the Cybercrime Legislation Ammendment Bill 2011 currently being reviewed by a joint standing committee.

Proceeding as seems likely, it will make extra work for carriers as they will have greater responsibilites and accountabilities in the implimentation of the expansion of the Telecommunications Interception Act – potentially  required to capture and store targeted transmissions for 90 to 180 days , up from 5 days and required to establish processes to enable foreign governments to demand the preservation and handing over of internet and telecommunications usage data under the context of online crime surveillance.

Acceptance of these far reaching behaviours into AU law holds concern as to the precedent of the level of interception afforded to local and foriegn agencies. Prior to the upcoming sitting in front of the High Court, AFACT may very well be rubbing their hands together as it is a further step to impel Carriage Service Providers to be active participants in the act of pursuing identified illegal activity on its network.

40 countries have either signed or become a party to the Convention, including the United States, United Kingdom, Canada, Japan and South Africa.  A great many more are also using the Convention as the basis to adjust local legislation in response to the rise of cybercrime.

A fear based policy initiative towards a global nation state or a reasonable and balanced application of an international treaty – or a bit of both.

Some associated reading: Expalanatory Memorandum

Filed under Intellectual Property, Internet, Telecommunications

Estranged Bedfellows – but who will be on top?

August 15, 2011 Leave a comment

Despite a seeming genuine willingness to develop co-operative models to address issues of illegal file sharing, the views of rights holders and ISP’s remain polarised.

The Communications Alliance has been involved in discussions with the Australian Copyright Industry Group over the past six months, in an attempt to develop an industry-led model to deal with file sharing issues. “The industry is working to develop a cooperative model that discourages improper file-sharing, promotes the availability of affordable and legal sources of content for all Australian consumers, apportions fairly the costs involved, ensures natural justice rights for consumers and allows ISPs to legally go about their business,” stated Comms Alliance CEO John Stanton.

But will ISPs and rights holders see eye to eye, particularly on how to stop illegal sharing?

“AFACT and its members have always been open to genuine negotiation – but bearing in mind the Full Federal Court said that ISPs are responsible for infringements on their network, they’ve said that it is reasonable for ISPs to send warnings to their customers if they infringe copyright, they’ve said it’s reasonable for ISPs to take other steps beyond that if customers ignore those warnings, and they’ve said it’s reasonable for account holders to be held responsible for all activities on their account,” is the position of AFACT.

(Source: Comms Day)

Filed under Copyright, Intellectual Property, Internet

iiTrial : Round 3 appeal set for High Court

August 15, 2011 Leave a comment

The High Court of Australia on Friday granted film and television studios the right to appeal against the decision made earlier in the year in the case against Australian ISP iiNet.

The approval means the studios will have the opportunity to argue against the interpretation of the laws concerning copyright infringement by authorisation, rather than the facts of the case made against iiNet.

A group of 34 parties, comprised of most major Australian and American film studios, took iiNet to court in 2009 after claiming iiNet had “authorised” its users to download pirated movies and television over the Internet. After the original decision of not guilty made in February last year was appealed, the Australian Federal Court ruled in February this year that iiNet was not responsible for the illegal downloading.

Read MORE

(Source: Delimeter)

Filed under Copyright, Intellectual Property, Internet

No 4 on International Internet Freedom Survey

April 22, 2011 Leave a comment

Australia has scored highly for internet freedom in its first appearance on a Freedom House report into 37 countries, but violation of user rights and lack of access for some users were cited as concerns.

Freedom House is a US-based private organisation which publishes surveys on subjects such as press freedom, political rights and civil liberties.

Read it HERE

Filed under Censorship, Internet

← Older posts

Follow

Get every new post delivered to your Inbox.