Cryptocurrency and hacking offences introduced to Parliament
The Crimes Legislation Amendment (Ransomware Action Plan) Bill 2022 (Bill) seeks to amend the Criminal Code Act 1995 (Criminal Code), the Crimes Act 1914 and the Proceeds of Crime Act 2002 to bring...
View ArticleAustralian Court: AI can’t be an “inventor” an Australian patent
The Full Court of the Federal Court of Australia (the Federal Courts appellate court) has overruled an earlier decision relating to artificial intelligence (AI) and ‘inventor’s’ of patentable works....
View ArticleImplied terms in software contracts – part 2
A contract relating to software may have both express and implied terms that may be in writing or be oral or a combination of both. Express terms are those which the parties have articulated before...
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What is a Decentralised Autonomous Organisation?
Decentralised autonomous organisations (DAO) are a new form of digital organisation emerging on the blockchain in the USA. They are organisations controlled by rules encoded in a transparent computer...
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Registration of .au domain names – what does this mean for businesses?
There is only seven days left to make your priority application for your .au domain name. From 21 September 2022 anyone can apply to have your .au domain and you don’t want that! Any persons with a...
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Influencers finally regulated when promoting therapeutic goods
Social media influencers can be important channels for advertisers to reach large volumes of consumers. The new Therapeutic Goods Advertising Code 2021 (Cth) (2021 TGA Code) came into effect on 1...
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Digital Games Tax Offset proposed by Albanese
The Australian Government has announced its plans to enact the country’s first ever federal, “refundable tax offset” for the development of video games. On 28 October 2022, the Albanese Labor...
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Australian legislation addresses loot boxes in video games
The Classification (Publications, Films and Computer Games) Amendment (Loot Boxes) Bill 2022 (Bill) has been tabled in the House of Representatives on the 28 November 2022. The private member’s Bill...
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Software developer obtains Court orders to obtain IP address info
Justice Burley of the Federal Court of Australia in the case of Siemens Industry Software Inc v Telstra Corporation Limited [2020] FCA 901 ordered that Telstra, within fourteen (14) days, provide to...
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National classification scheme – proposed federal reforms
On 29 March 2023, the Albanese Government announced its intention to reform the National Classification Scheme (Scheme). While computer and online games often seem harmless and fun, the proposed...
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What are adequate cyber security measures?
The adequacy of cybersecurity measures was considered in the case of Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2022] FCA 496 (ASIC v Ri Advice Group). One of the...
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Misinformation and Disinformation Bill 2023 – exposure draft
The Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023 (Cth) (Misinformation Bill) was announced by the Department of Infrastructure, Transport, Regional...
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The Digital ID Bill 2023 (Cth)
On 30 November 2023, the Digital ID Bill 2023 (Cth) and the Digital ID (Transitional and Consequential Provisions) Bill 2023 (Digital ID Bills) were introduced in the Australian Senate. Digital IDs...
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Federal Court requirements for electronic discovery of documents and metadata
Electronic discovery in the Federal Court of Australia (FCA) is nothing new. From July 2014, the FCA began implementing the Court’s electronic court file (ECF) across its Australian registries. This...
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New USPTO guidelines on AI assisted inventions
In response to the Biden administrations Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence on 30 October 2023, which outlined policies and principles...
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