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Seller beware: Implied terms in IP licencing

Seller beware: Implied terms in IP licencing Data Law Series  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...

Still Plugging the Leak: Facebook & Australia

Still Plugging the Leak: Facebook & Australia Data Law Series  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...

The Tech Boat that Rokt

The Tech Boat that Rokt Data Law Series  The Tech Boat that Rokt: 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...

Anonymized vs Pseudonymized

Anonymized vs Pseudonymized Data Law Series  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....

Commercializing Data: Zeta-Jones to UK Racing

Commercializing Data: Zeta-Jones to UK Racing Data Law Series  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...

Amazon v. Oberdorf

Amazon v. Oberdorf Data Law Series  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...

Digial Jurisdictions

Digial Jurisdictions Data Law Series  National boundaries are increasingly superseded by digital information flows, and legal institutions face the rise of new notions of jurisdiction.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....

Data Governance

Data Governance Data Law Series  DATA GOVERNANCE: “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...

Resident’s Data

Resident’s Data Data Law Series  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...

Biometric Data and Employee Rights

Biometric Data and Employee Rights Data Law Series  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...