Australian Technology and IP Business

blognation Australia

Chris Saad has produced a brief State of the Nation report on Australia's progress on web 2.0 technology at blogNation.

Australian geographic domain names released

At 2pm AEST on Sunday 21 October 2007 the Australian Domain Name Registrar (auDA) will release a number of Australian geographic names for use. The list of names to be released can be downloaded here.

The names will be released on a first come, first served basis, subject to normal policy rules namely that an applicant will need to show that the geographic name must exactly match or be an acronym or abbreviation of the applicant's company or trading name, organisation or association name or trademark, or be otherwise closely and substantially connected to the applicant.

The future of the media

As Chair of the ACCC, Graeme Samuels has a good knowledge of competition issues in different industry sectors.

So his discussion "Will the media will survive the digital revolution?" is worth reading.

Implications of US file sharing decision for Australia

Last week's US copyright breach decision in favour of the record companies ($222,000 for 24 songs, $9,250 for each) has raised the question: could it happen in Australia?

Kim Weatherall gives a thorough analysis of the differences in concluding that actions against individuals are unlikely here.

Copying house designs: Barrett Property Group Pty Ltd v Metricon Homes Pty Ltd

In Barrett Property Group Pty Ltd v Metricon Homes Pty Ltd [2007] FCA 1509 the Federal Court upheld a breach of copyright claim by Porter Davis Homes because substantial parts ("the alfresco quadrant") of certain of its home designs had been copied by Metricon Homes to produce designs from which project homes have been built and sold to the public.

Judge Gilmour gives a thorough review of copyright issues relating to project home design and the importance of "overall impression", analysing firstly whether the claimant's design was capable of protection and then conducting an objective similarity analysis to decide whether the defendant's designs were in breach.

Liability of internet forum operators: Silberberg v The Builders Collective of Australia Inc

In Silberberg v The Builders Collective of Australia Inc [2007] FCA 1512 the Federal Court of Australia held that the person who posted messages on to an unmoderated Internet discussion forum which contained material which caused offence and distress to the subject of the messages because of his Jewish race and ethnicity breached Pt II of the Racial Discrimination Act 1975 (Cth). But the forum operator was not held liable.

Whilst the failure of the operator to remove the material was offensive, the trial judge could not conclude that the operator's failure to remove the offensive material was attributable, even in part, to the race or ethnic origin of the applicant.

He distinguished the test under the Racial Discrimination Act from the liability of a publisher for defamation or breach of copyright. 

Is the Collective responsible without actual knowledge of the offensive contents of the messages? If the question arose in defamation or breach of copyright, the answer is likely to be in the affirmative. The Collective chose to conduct an open anonymous forum available to the world without any system for scrutinising what was posted.  The party controlling a website of such a nature is in no different position to publishers of other media. In my opinion, failure to remove the offensive material within a reasonable time of it having been posted was an act caught by s 18C(1)(a)...

However, there is substance to the argument that the failure to remove the offensive material has not been shown to have any relevant connection with race or ethnic origin of the applicant or indeed any other Jewish person as required by s 18C(1)(b) of the Act. The failure of the unidentified administrator to remove the Second Message on and after 1 July 2006 was the clearest case of failure to act.  I cannot conclude that such failure was attributable, even in part, to the race or ethnic origin of the applicant.

For further comment on this case see this post by a representative for the forum operator. See also his comments on other cases pending relating to forum operators.