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@itlawyeraustralia
In a landmark ruling, the High Court of Australia has held by majority that news media companies may be liable for comments left by users on their social media posts.
This case began due to defamatory comments left by users on Facebook posts created by Fairfax Media and News Corp. Both Fairfax Media and News Corp utilise Facebook as a means of publicly sharing content online and allow users to interact with news stories and articles they have posted.
After a long legal battle across various jurisdictions, Justice Yvonne Gonzalez Rogers of the District Court of California handed down an unexpected decision against Apple. In her judgment, Justice Rogers issued an injunction against Apple to prevent the company from forcing users to use Apple in-ap
The Apple and Epic Games proceedings arose out of an alleged breach of competition and consumer law by Apple, primarily through its monopolistic control of systems in the App Store. For all App Store payments, Apple claims a 30 per cent fee. As such, Epic Games claimed that Apple holds ‘an antitrust monopoly over (i) Apple’s own system of distributing apps on Apple’s own devices in the App Store and (ii) Apple’s own system of collecting payments and commissions of purchases made on Apple’s own devices in the App Store.’ In the US proceedings, a central focus was on the relevant market, ie. whether Apple maintains a monopoly over general digital app marketplaces or whether Apple and Epic Games compete in the market for digital video games.
The United States Federal Trade Commission (FTC) has challenged Facebook’s monopolistic practices by accusing the company of engaging in an illegal buy-or-bury scheme.
For more than a decade, Facebook has dominated the social media and digital platform landscape. Throughout its history, Facebook has acquired over 91 different companies, dipping its fingers into fields such as instant messaging (WhatsApp), virtual reality (Oculus), photo media (Instagram), cryptocurrency (DIEM), and a whole lot more.
The Productivity Commission has found that it has become increasingly difficult for Australian consumers to access their right to repair.
The right to repair refers to a person’s “ability to repair faulty goods and to access repair services at a competitive price”. This means that consumers should have the ability to have, for example, their mobiles fixed by third parties rather than requesting repair from the manufacturer. However, in recent years, manufacturers have become stringent on who and what may repair their products, principally due to technological advances and intellectual property law protections.
The newly passed Surveillance Legislation Amendment (Identity and Disrupt) Bill 2020 (Cth) has endowed the Australian Federal Police (AFP) with new powers to infiltrate and disrupt online crime.
The Independent National Security Legislation Monitor will have the ability to review the Bill after three years and the Parliamentary Joint Committee on Intelligence and Security Bill after four, but until then, it will be interesting to see how this new law proves to operate in the real (or digital) world.
With the passing of the Treasury Laws Amendment Act 2021 on 10 August 2021, electronic execution and/or utilising split execution documents by Australian companies under section 127 of the Corporations Act 2001 (Cth) are once again expressly permitted.
On 6 May 2020, in response to the Covid-19 pandemic, temporary measures under section 127 – the Corporations (Coronavirus Economic Response) Determination (No.1) 2020 (Cth) and its successor, the Corporations (Coronavirus Economic Response) Determination (No.3) 2020 (Cth), expressly provided for electronic execution and split execution of documents. However, these provisions expired on 21 March 2021 without being replaced.
The Australian Competition and Consumer Commission (ACCC) Chair Rod Sims recently gave a speech detailing the dominance of digital platforms online.
Our modern economy is built upon technology, with one or two major digital platforms influencing and shaping the behaviour and desires of consumers.
We are delighted to announce the promotion of Jonathan Beran to the position of Partner at Arnotts Technology Lawyers.
Jonathan is an experienced Senior Lawyer and ex-General Counsel with more than 15 years of legal experience in corporate/commercial, disputes and regulatory matters with significant international experience. Arnotts Technology Lawyers is a boutique law practice in the Sydney CBD. Working at the intersection of law and information technology, we are experts in drafting and negotiating software, telco and other hi-tech legal agreements and resolving complex IT disputes.
The Australian Competition and Consumer Commission (ACCC) is taking legal action against Telstra, Optus and TPG in the Federal Court of Australia for making false and/or misleading representations over advertised NBN plan speeds.
The ACCC claims that hundreds of thousands of consumers were misled about the maximum speeds they could receive for Fibre to the Node (FTTN) connections.
The Office of the Australian Information Commissioner has revealed that the ride-sharing and delivery app Uber has breached Australian privacy laws.
In a detailed investigation, Uber was held to have interfered with the privacy of approximately 1.2 million Australians and failed to take reasonable steps to implement practices, procedures and systems relating to Uber’s functions or activities for compliance with Australian Privacy Principles.
In a landmark ruling , Justice Beach of the Federal Court of Australia has held that artificial intelligence (AI) is capable of being named as an inventor of a patent.
This innovative case has been brewing for quite some time, starting with the developments of Dr Stephen Thaler and his program known as the Device for the Autonomous Bootstrapping of Unified Sentience (DABUS).
The Australian Government recently opened the floor to public involvement as to the manner of strengthening the cybersecurity of Australia’s digital economy.
This discussion paper ties into Australia’s 2020 Cyber Security Strategy to deal with issues of cybersecurity regulation. With concerns over ransomware, terrorism and breaches in Australia’s infrastructure, it comes as no surprise that the government is seeking public and business recommendations on how to combat these issues.
The Australian Human Rights Commission (AHRC) recently expressed its opinion on artificial intelligence (AI) decision-making .
The report followed a three-year investigation into technological growth and AI adoption in Australia. In its report, the AHRC dissected the benefits and risks of AI informed decision-making and provided a slue of recommendations to appropriately extend AI as tools to human decision-making.
Reset Australia has recently released its “ Did we really consent to this? Terms & Conditions ” report to detail how convoluted terms and conditions have become.
In a world ruled by digital platforms and mobile devices, terms and conditions pop up every time you log in or download a new app/game. These terms and conditions are naturally important as they detail the rights and responsibilities of both the user and provider, as well as highlight key information regarding privacy and data collection.
Despite the previous hesitation, VISA has thrown itself into cryptocurrency adoption.
VISA is presently partnering with over 50 crypto exchanges and platforms to offer its users seamless integration for daily purchases. Due to the surge of cryptocurrency investments and wider use cases, VISA has taken a major step in utilising digital currencies on its system. In the first half of 2021, over $1 billion have already been spent via crypto-linked VISA cards. It then comes as no surprise that this industry is estimated to disrupt $18 trillion of annual consumer spending with cash and checks.
With the rise of internet banking & digital currencies, banks are under heavy liability to ensure that their customers are protected from fraud and money laundering.
The Australian Transaction Reports and Analysis Centre (AUSTRAC) has recently targeted the National Australia Bank (NAB) due to its struggle in fixing legacy problems with customer identification.
Ransomware gangs have evolved from an online hacking group to “modern-day pirates” of the digital sea.
Ransomware attacks are now being used to specifically target and stifle governmental sectors and businesses in western nations. Australia’s shadow assistant Minister for Communications and Cyber Security, Tim Watts, has noted how ransomware attacks now tread on the line of policy rather than a technological solution. Moreover, these ransomware groups have escalated to a point of global extortion and created an ‘underworld service-for-hire’ where parties can collaboratively damage businesses.