IP law to stay hot in Aust in 2004

By Patrick Gray
29 December 2003 10:50 AM
Tags: mp3, ip, copyright, patrick, intellectual, legal, law, gray
Issues surrounding intellectual property (IP) set the legal agenda this year, and the area is likely to remain hot in 2004, according to Melbourne based IT lawyer Erhan Karabardak.

The increasing number of high-profile IP related cases, such as the Sony versus Stevens mod-chipping case and the action against Universities in relation to mp3s and copyright violations, indicate companies are getting serious about protecting their IP, Karabardak said. In part, he attributes the increase in activity in the area to changes made to copyright law in 2000.

"Flowing from that, these things getting more prominent," Karabardak said. "I think there's now a more aggressive pursuit for copyright offences by companies such as Sony."

Sony initially lost its action against Sydney based Eddy Stevens when the ACCC intervened, arguing that region coding is detrimental to competition, thus mod-chips are positive. Sony appealed, and the original decision was overturned. Mod-chipping is now illegal.

Karabardak also cited the Spam Act as a significant event over the year, despite jurisdictional issues limiting the law's enforceability. "I don't know that it's going to make a big dent in the volume of spam that we get," Karabardak told ZDNet Australia. "It's going to be of limited effect, but a move in the positive direction."

While he said the establishment of an anti-spam enforcement team by the Australian Communications Authority is a positive step, Karabardak believes the agency will sign memorandums of understanding with other enforcement groups, as the privacy commissioner has done with the ACCC.

However IP laws dominated the scene -- Karabardak said lawyers are picking up work that just wasn't around earlier. "Because there's an increase in awareness, a lot more people are alert to these issues," he said. Companies are starting to think about the broader issues surrounding IP, instead of just focussing on patents. "Commercialisation's about the whole process -- how do we exploit it, how do we enter into joint development agreements, how do we obtain venture capital funding -- it's the whole broad brush picture," he added.

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Talkback 2 comments

    My God. And there I was think ...Kevin W -- 29/12/03

    My God.

    And there I was thinking that Hollywood and Sony were about to lobby to have the DMCA scrapped.

    "Smithers, call Alex Yemenidjian immediately. Ask him to accept our apologies and see if he's still available for a 10.30 tee-off".

    The ramifications of the Sony ...Fred Fredrickson -- 29/12/03

    The ramifications of the Sony decision are potentially quite dire. It essentially means it is illegal to modify a physical item that you bought on the basis you are interferring with "IP". Note that the mod chip decision means that you are effectively guilty of piracy simply for putting a mod chip in your PlayStation. It's like convicting everyone with a photocopier of pirating books because they could be used for copying copyright material.

    I fully support protection of copyright, but many recent decisions in reagrd to copyright and patent (such as patenting software) mean the pendulum may have swung too far toward big business.

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