MsLods’ news round-up – law and technology

MSLODS’ ROUND-UP  ~ Technology, Intellectual Property and Media Law


Australian Law Reform Commission’s Discussion Paper on Copyright Inquiry due by 4 June 2013. | ALRC | Closing date for submissions is 26 July 2013.

Corbys’ copyright conundrum ends in pulp friction. | SMH | 

Appropriation artist Richard Prince prevails against photographer at appeals court. | The Hollywood Reporter |

House judiciary chairman to launch sweeping review of US copyright law.  | The Hill |

Parents to pay for kids infringing music downloads.  | Stuff NZ |

Defamation & media law

Leveson report: Newspapers reject press regulation plans. | BBC |

L.A. Lakers player beats strange defamation claim over TMZ-related tweet. | The Hollywood Reporter |

Sharks get court order to block News Ltd story. | SMH |

Privacy & security

The Office of Australian Information Commissioner has published a comparison between the National Privacy Principles and the new Australian Privacy Principles (which commence in March 2014). | OAIC |

Controversial US cybersecurity bill CISPA is dead (for now). | US News and World Report | Also recommend Technollama’s post on why CISPA is a global problem:


Google to change how it displays search results in Europe. |  Business ETC |

Demystifying how Facebook‘s EdgeRank algorithm works. | Hubspot |

Netflix’s ‘Long Term View’ lays out predictions for internet vs. traditional TV delivery. | Endgadget |


WTF? WTPF! The continuing battle over Internet governance principles. | Tech Liberation |

Telcos do Conroy’s bidding  on spectrum auction. | Australian Financial Review |

Trade marks & brand protection

China sees surge in intellectual property law cases. | World IP Review |

Social media

How can courts manage the Facebook phenomenon?  | UK Human Rights Blog |

‘EyeWatch’ campaign: It all comes out in the wash on Facebook. | The Age |

Media Watch: Bypassing the gatekeepers. Politics and digital media. | ABC |

Tales from San Francisco. Final post covering my recent US trip, including a visit to Twitter’s headquarters in San Francisco:

Fired social media editor shares Reuters’ Twitter guidelines; demonstrates professional risks one takes on Twitter. | Media Bistro|

29 April 2013

MsLods’ news round-up – law and technology

Tales from San Francisco …

Tales from San Francisco

No doubting that San Francisco is a vibrant, diverse and colourful  city with its fair share of characters.  In sharing some of my highlights of San Francisco, it would be remiss of me to leave out the best/worst comment I’ve ever received from a random person on the street:  “I love your bowed legs.”  Perhaps you had to be there …

Moving on from my father’s genetic legacy, those very same bowed legs were put to good use walking the streets and hills of San Francisco.  We explored China Town, Fisherman’s Wharf, Haight-Ashbury, Union Street, Golden Gate Park, Hayes Village, North Beach, and the Castro and Mission Districts. I loved the ease of the $2 heritage streetcars on the F Line up and down Market Street.  Riding a bike over the Golden Gate Bridge to Sausalito was a great way to get a broader perspective on the city (and sunburnt hands).

I also took my twitter exchanges ‘offline’.  We had a great dinner with @CathyGellis an internet lawyer, who has been doing some really interesting work recently – check out her blog post, Why I became a lawyer.    Later that week, I was very fortunate to meet Twitter’s General Counsel, Alex Macgillivray, @amac.   Alex very generously took me on a tour of Twitter’s headquarters housed in an historic Art Deco building, which before Twitter’s tenancy had been unoccupied for some 40 years, in the Tenderloin district.  Alex now oversees a team that is larger than Twitter itself was 4 years ago.  The rooftop garden is a great space and was particularly so on this bright afternoon (there are some excellent pictures of Twitter’s HQ here).

Later that unusually warm spring day, we took Alex up on his suggestion of trying an ice cream at Smitten Ice Cream. This isn’t any old artisan ice cream; each serve is made to order with a mixer that uses liquid nitrogen to quickly churn the ice cream. Both the salted caramel and rhubarb crisp flavours even converted my normally non ice cream eating-friend.

Other food (and drink) highlights included the wasabi noodles with steak at The House, cocktails at 15 Romolo, the ceviche and marinated goat at Chilango, chicken and leek dumpling soup in Chinatown, clam chowder while watching the sea lions at Fishermans Wharf, and a decadent mac & cheese at The Grove.

We also took the opportunity to visit my friend Ruth Ann, who I first met in South Africa and travelled to Namibia with in 2005 (tales for another post) in her home town of Arnold, in the foothills of the Sierra Nevada mountains. We explored the town of Murphys, a historic gold-mining town and later nearby Sonora before a welcome hearty meal at the Snowshoe Brewery.

A Sunday morning in the Big Trees National Park was grounding and peaceful. Ruth Ann and I were pinpricks on the stump of the ‘Discovery Tree’,  said to be 1,244 years old when felled in the 1850s. It was a privilege to walk among the giant sequoia trees, both new and very old.

Tales from San Francisco …

MsLods’ news round-up – law and technology



Whose right in our Brave New World? | The 1709 Blog | Useful overview and analysis of current copyright issues.

YouTube again beats Viacom’s massive copyright infringement lawsuit. | Hollywood Reporter | (includes link to court ruling)

The sweetest hat ever: some thoughts on the legality of the Firefly dispute.  | Technollama |

News from UK: Supreme Court rules web browsing does not infringe newspapers’ copyright. | Guardian |

“Piracy 2.0″ presentation by Karen Thorland, @MPAA  (pdf) from the Fordham IP Conference that I attended in NYC earlier this month.

Defamation & media law

Google loses auto-complete defamation suit in Japan. | CNET News |

Age reporters won’t have to give evidence. | The Age |

Defamation Bill, House of Commons reject amendment to limit ability of corporations to sue. | Inforrm’s Blog |

Privacy & security

Siri remembers your secrets, but for how long? | Wired Enterprise |

The Economist explains: What is the Streisand effect? | The Economist |

New Afterword to the Paperback Edition – Consent of the Networked: The Worldwide Struggle for Internet Freedom. | Rebecca Mackinnon |


Government plans to restrict exclusive operation of .cloud domain backed by cloud industry body. | out-law |

Spotify launches in 8 new markets, including first-time expansions into Asia and Latin America. | The Next Web |

The curious case of Twitter’s #music app. | Connor Tomas O’Brien |


The Invisible Playground: Phone phreaking and the criminalization of curiosity. | Los Angeles Review of Books |

AuDA announces the 2013 Australian Internet Governance Forum to be held on 16 & 17 October at the Park Hyatt Melbourne. | auIGF |

Trade marks & brand protection

Decision on ownership of Ballarat Bitter and other heritage beers due by July. | The Courier |

Plain packaging and trade marks: a view from Ireland. | The IPKat |

Social media

A journalist’s guide to tweeting during a crisis like the Boston attacks. | Slate Magazine | “Don’t use a tragedy to make a political point before the facts are even known.”

Juries and Social Media report commissioned by Victoria’s Attorney-General released. | journlaw |

Call for public service to embrace social media. | Canberra Times |

Finding and telling data-driven stories in billions of tweets. | Strata |

The most important LinkedIn page you’ve never seen. | Wired Business |

(My LinkedIn profile if you would like to connect is:

22 April 2013

MsLods’ news round-up – law and technology

MsLods’ news round-up ~ law and technology (Hello from West Hollywood)



Australian Digital Alliance is seeking a Copyright Law & Policy Advisor and Advocate. | ADA |

Things you don’t see every day: MPAA argues for fair use in court. | Techdirt |

Defamation & media law

Melbourne liquidator claims in defamation writ that stripper photos led to dismissal. | The Age |

Call for uniform shield laws is worth supporting, but not an easy fix, writes Mark Pearson. | Journlaw |

Quebec judges give the bird to tweets. | Canadian Lawyer Mag |

Privacy & security

Laws can’t save banks from DDoS attacks. | Information Week UK |

The ACMA Citizen Conversations – Advertising & Privacy. 25 June, Sydney. | Engage ACMA |


Shodan: The scariest search engine on the Internet. | CNN |

Foursquare gets $41 million investment, time to grow. | Businessweek |


Tasmania’s battle for a NBN future | Business Spectator |

CommsDay Sydney 2013 Summit: The problem with FTTN. | Simon Hackett|

Trade marks & brand protection

India joins the International Trademark System. | WIPO |

ICANN CEO wants to shift “centre of gravity” away from US. | Intellectual Property Watch |

Social media

Who should you hire? LinkedIn says: try our algorithm. | Forbes |

(My LinkedIN profile – if you would like to connect with me or hire me.)

Qantas caught up in Facebook controversy over bigoted comments. | Smart Company |

Big Tree

15 April 2013

MsLods’ news round-up ~ law and technology (Hello from West Hollywood)

Wandering the streets of New York City …

Wandering the streets of New York City

I love that New York is so easy to explore by walking. In my new Texas bought cowgirl boots, we explored East Village, Greenwich Village, West Village, Williamsburg, Midtown, Central Park and the wonderful High Line in Chelsea. MOMA (with Edvard Munch’s The Scream on display) and the East Side Tenement Museum were both well worth our time.

With a little bit of research and a little bit of luck we ate very well –  including Japanese, Vietnamese, Chinese, Korean, Turkish, Italian, Spanish, Cuban, Polish, and American. And invariably the portion sizes were huge.

Food highlights included the charcuterie plate at Tertulia, an apple pie at the Union Square Farmers’ Markets, oysters and champagne at Les Halles, 4 for $1 dumplings at Prosperity Dumplings, pizza at Luzzo’s, mountain trout at Monument Lane and the raw milk blue cheese from Whole Foods Market.

On day three, good coffee (much to my friend, Tash’s relief) was located at Stix served with friendly banter from Stefano recently relocated from Athens. Tash soon became a regular.

On a Monday night we saw Caitlin Rose, a country/folk singer from Nashville play to a packed and very appreciative crowd at the Mercury Lounge. Walking the 25 minutes back to our apartment in Greenwich Village the streets were nearly as busy as during the daylight hours.

I also attended and participated as a panellist at the Fordham IP Conference. A highlight was the General Counsel roundtable and directly hearing from the General Counsel of companies such as Google, NBC Universal, Time Warner, Nokia and Microsoft. It was also great to again talk with Judge Peter Charleton from Ireland who I’d been fortunate to meet when in Dublin last year.

Reconnecting with friends who now live in New York City was another highlight. Gemma took us to the fantastic Wythe Hotel and the rooftop Ides Bar which must have one of the best views of Manhattan.  Lisa, who I first met in South Africa back in 2005, took us to a cosy Cuban restaurant in the East Village.  We met Tash’s cousin, Luke and his fiancée Sara for a delicious brunch at Boulton & Watt.

Noticeable differences from home include that there seemed to be a large pharmacy on each block, the number of food carts on street corners, the unintentionally hilarious advertisements for prescription drugs with disclaimers longer than the proclaimed benefits of the products, that all the ‘restrooms’ stated “employees must wash their hands”, that we placed our bags of rubbish out on the street of an evening to be collected during the night. And can anyone explain why entrees are main courses not first course in America?

I’ve worked in three law firms, lived for a year in South Africa working with a local community development organisation and had the privilege to return on repeated visits, spent a year as a judicial researcher and travelled extensively since my last visit to New York City in October 2001.  I certainly hope the gap between my next visit to NYC is not so long.

Wandering the streets of New York City …

MsLods’ news round-up ~ law and technology (direct from San Francisco)



Reselling digital goods is copyright infringement, judge rules. | Wired |

Aereo: retransmission not a “public performance” in the US. | The 1709 Blog |

Ohio Judge won’t allow ‘mass-suing’ of movie pirates. | Hollywood Reporter |

Last week I was a panellist at the Fordham IP Conference in New York City. The IPKat published a series of blogs posts summarising a range of the  discussions and debates:

iiNet – charting a new course for authorisation law in Australia. | Law Institute Journal  (My article on the iiNet litigation written late last year and published in this month’s Law Institute Journal.)

Defamation & media law

Australia: The great media reform mess – Richard Ackland. | Inforrm’s Blog |

Bloggers under threat in Bangladesh and beyond. | Global Voices Advocacy |

Privacy & security

Google may be the first communications company to push back on unconstitutional National Security Letters. | Bloomberg |

Right to be forgotten: Britain seeks opt-out of new European social media privacy laws. | The Guardian |


Quebec court says no to eBay’s online contract: Geist. | Toronto Star |


Fine of $2 million reduced to $50,000. Full Federal Court hands down penalty and other orders in TPG appeal. | ACCC |

iiNet calls for thorough evaluation of Coalition’s broadband policy vs  Labor’s.  | ABC |

ACCC issues draft decision on NBN Co Special Access Undertaking. | ACCC |

Trade marks & brand protection

Kate Middleton trade marks her name, hints at marathon. | NYMag |

Social media

Twitter arrives on Wall Street, via Bloomberg. | New York Times |

Netflix CEO Reed Hastings’ Facebook flap forces SEC into 21st Century. | Forbes |

Woman arrested for Instagramming. |  Salon |

How diplomats learned to stop worrying and love the Tweet. | Foreign Affairs (For those interested in news and views from South Africa and southern Africa more generally I recommend the excellent @USEmbPretoria)


8 April 2013

MsLods’ news round-up ~ law and technology (direct from San Francisco)