Media Takedown

Realestate.com.au Pty Ltd v Hardingham is an illuminating ruling that turns the common “buyer beware” understanding in chain-of-title disputes on its head. In this article I discuss some findings that should be of interest to anyone seeking best-practice dilligence in intellectual property transactions.

Facebook is in the sights of Australia’s Privacy Commissioner in an action arising from the Cambridge Analytica scandal of 2019. This episode in the Series looks at why they’re on the stand, and some questions around the implications for online privacy.

What did we learn on May 21 when an innovative eCommerce firm lost the case for their advertising platform patent? Dig in to this episode of the Data Law Series to hear about some lessons about the role of expert witnesses, and for the future of digital methods as intellectual property.

You might assume that data about people, that is recorded with the person’s details simply changed or concealed, is safe from the demands of privacy law. You’d be surprised – and possibly litigated. Let’s talk about pseudonymized vs. anonymized data, and some of the principles surrounding its commercialization.

In this episode, we look at the a May 2019 case in the enormously valuable international market of raw data commercialisation, specifically in the UK racing industry, and what it’s got to do with a certain high-profile celebrity wedding.

How is liability determined for goods sold through online marketplaces? In Oberdorf v. Amazon, Amazon was held liable for defective goods sold on Amazon.com. Ms Oberdorf became permanently blind in her left eye when a dog collar broke, causing the leash to recoil into her eye. Ms Oberdorf had bought the collar on Amazon.com. In this episode we look at some of the key findings of the majority judges in the United States Court of Appeals for the 3rd Circuit.

National boundaries are increasingly superseded by digital information flows, and legal institutions face the rise of new notions of jurisdiction. Hanging in the balance is the productivity of increasingly data-driven economies.

In this episode, we outline established approaches in jurisdiction, and examine some emerging interpretations, for example in the field of blockchain.

“There are only two types of companies: those that have been hacked and those that will be.” This quote from Former FBI Director Robert Mueller speaks to some of the risk around which the discipline of data governance has emerged.

In this episode, Sharpe Ivo looks at the key governance challenges which the widespread use of AI and machine learning throws out, and some minimum appropriate organisational responses.

Apartments, flats and other semi-detatched dweliings make up over a quarter of Australian households. Vast amounts of data about apartments and their residents are collected, used and disclosed, each day, and kept in databases on an ongoing basis. This episode will look at some law relevant to this kind of data.

Biometric Data and Employee Rights: In this episode of the Data Law series, we look at an unfair dismissal case with a biometric twist. At the heart of it is the question – can an employer in fairness require employees to submit to fingerprint scanning?

In this episode of the Data Law series, we take a look at an interesting question – does the specified price of a product have to reflect only a dollar value, or are suppliers obliged to mention other “costs” to the buyer – like the use of their data?

You want to obtain or make access available to a database. What fees should be charged for this? In this episode we look at methods for setting license fees or royalties for data access.

In the last episode we looked at one of the ways in which the law deals with whether data should or should not be kept out of the public gaze. That episode outlined that, generally, it is possible for parties in a contract situation to agree to that. This episode looks at a potential exception in the consumer data field.

Data law issues arise in many different contexts. This episode we look at one of the many ways the law deals with whether data should or should not be kept out of the public gaze – confidential arbitration. We will be looking at recent high-profile events that have provided some illustration how this law operates – namely the recent High Court of Australia decision of Rinehart v. Rinehart.

You want to use some open source data – data that is intended to be free to use, reuse, and redistribute. You have checked that the data provider has publicised some open source symbols as part of the data availability. Can you go ahead and use the data without further worry or are there some things you need to think about first?

Data portability is about giving consumers some control over their information. In this article Anna Sharpe will explain recent developments in the law relating to data portability.

In this week’s Sharpe Ivo data law series, Anna Sharpe will be talking about data relating to children. Today we will be covering some key points for your checklists when navigating this area of the law.