Justice Charlesworth is a newly appointed Federal Court Judge in South Australia. She young and is very highly regarded in the legal industry. I'm not surprised that she gave such a well-reasoned and correct decision.
I'm assuming the 'preservation of rights' has more to do with the time within which to file an opposition.
If it had not filed an opposition in time, it would lose any right to oppose the trade mark (except in a Courtroom).
It is possible that it may not even actually press the opposition, but it was legally necessary to preserve its position in the event that discussions ultimately failed, and it made then considered the matter and decided at that point to oppose it.
Preserving time limits in this manner is entirely reasonable and not at all unusual.
The biggest problem with this law, is that it is basically giving game developers the power to create law unilaterally. It can change the law simply by changing its terms of service. That is nuts.
He says that he would have been asked to recuse himself had he not informed the lawyers for British Airways of the dispute he had with them. That may be correct.
However, that would only require him to give them notice. Not require them to resolve the dispute for him!
If they are referring to legal professional privilege, and there is a valid claim for that, then the documents cannot be used.
LPP can only be waived by the party who enjoys the benefit of that privilege (ie the client). It cannot be waived simply because it has been leaked. That is sound law.
It also seems strange to me to add the cost of broadband itself into the amount you will be paying.
Most, if not all, people who will use streaming services already have broadband. There would be very few who now specifically get the internet because streaming services are available.
The cost of internet on the infographic makes up a majority of the cost in each case.
I think it is worth noting that, in Australia, ALL ISPs have data caps.
The fact that iiNet was willing to do a deal to allow unmetered data with Netflix actually shows a diversion from what we are used to down here (that being, ridiculously slow internet speeds, and data caps).
A significant factor in the decrease may just be that once a person receives a notice, they take steps (proxy etc.) to ensure that they are not detected.
It could be that a large proportion of the people who receive a first notice are still infringing; they are just now hiding it better to avoid receiving a second notice.
I am in no way in favour of a ‘3 strikes’ rule, nor do I have any reservations that the Australian Liberal government is setting our country back decades in their short time in office. However, this article:
from the Australian Financial Review seems to suggest that the result of the warnings will not be a ban from internet, and that there is a lot to do before anything is implemented (such as getting through a tough Parliament). Anyone have any thoughts or comments?
Let's see, a high carb low protein diet is better for health
Tell that to the obese majority in the US and Australia who are a massive burden on our health systems. I don't see those on a cutting diet end up in hospital with heart disease.
Re: Re: One of the few times I disagree with you, Mike
Little bit different.
There is clearly a connection between the name and the product purpose, as opposed to a brand name or a model (such as your example of Magic and car names).
Not saying this is the be all and end all, but is a relevant consideration (misleading and deceptive conduct?)
My point is, prima facie, it appears that Apple sold a product on the basis that it would last...and it didn't.
1. They will last for a long time (hence the name, Time Capsule); and
2. That they are a secure backup for when you encounter problems on your Mac.
You cannot then deny any responsibility with an argument that "all technology fails". That may be true, but when you sell an item based on a promise, you cannot resort to that defence.
This is in contrast to, say, an iPhone, which may fail at some point, but is not sold on the premise that it will have longevity.
Although I completely agree with the idea behind this (infringement is not theft), this is not a very transferable comparison.
Money obtains its value by the way in which it is accepted by society i.e. it can be exchanged for goods and services, and has value. There is no value in a copy (especially a digital copy), as it cannot enjoy the same use as the original.
There is, however, some value in a digital copy of a song or movie. I'm not specifically talking about dollar value, but in the use of the original vs the use of the copy. People are able to enjoy the same content and use as the original.
Not a very good comparison in my opinion, and I think this weakens the argument against the ridiculous claims which are made by the MPAA & RIAA.
On the post: Winery Loses Trademark Suit Against Other Winery Over The Term 'Signature'
Charlesworth
Justice Charlesworth is a newly appointed Federal Court Judge in South Australia. She young and is very highly regarded in the legal industry. I'm not surprised that she gave such a well-reasoned and correct decision.
On the post: Dunks And Drunks: Jagermeister Blocks Milwaukee Bucks Logo Trademark Application
Not unusual
If it had not filed an opposition in time, it would lose any right to oppose the trade mark (except in a Courtroom).
It is possible that it may not even actually press the opposition, but it was legally necessary to preserve its position in the event that discussions ultimately failed, and it made then considered the matter and decided at that point to oppose it.
Preserving time limits in this manner is entirely reasonable and not at all unusual.
On the post: South Korea To Tackle Video Game Cheating By Criminalizing Breaking A Game's ToS
Too much power
On the post: FBI's Own Actions Likely Made Farook's iPhone Data Inaccessible
If they change the password
Or is the issue that it needs to be manually entered into the phone once the password has been changed?
On the post: Judge Insists His Own Lost Luggage Is A 'Key' Issue In Massive Lawsuit He's Overseeing Against British Airways
Re:
Doesn't work like that.
If the judge had shares in BA, then that is a different story.
On the post: Judge Insists His Own Lost Luggage Is A 'Key' Issue In Massive Lawsuit He's Overseeing Against British Airways
Confusion
He says that he would have been asked to recuse himself had he not informed the lawyers for British Airways of the dispute he had with them. That may be correct.
However, that would only require him to give them notice. Not require them to resolve the dispute for him!
On the post: Aussie Study: Infringers Spend More On Content Than Non-Infringers
Wait
On the post: MPAA Argues That Sony Emails Shouldn't Be Used As Evidence In Google Lawsuit
Privilege
LPP can only be waived by the party who enjoys the benefit of that privilege (ie the client). It cannot be waived simply because it has been leaked. That is sound law.
On the post: When Analyzing Cord Cutting Options, Most TV Analysts Continue To Pretend Piracy Simply Doesn't Exist
Why add internet cost?
Most, if not all, people who will use streaming services already have broadband. There would be very few who now specifically get the internet because streaming services are available.
The cost of internet on the infographic makes up a majority of the cost in each case.
On the post: Netflix's Love Of Net Neutrality Notably Absent In Australia, Where It's Striking Cap Exempt Deals With ISPs
Not so bad
The fact that iiNet was willing to do a deal to allow unmetered data with Netflix actually shows a diversion from what we are used to down here (that being, ridiculously slow internet speeds, and data caps).
On the post: Intellectual Ventures Tries To Rewrite The Script, Pretends The Plan Was Always About Making Stuff, Not Trolling
Oh
For some reason, I always read it as Intellectual Vultures.
On the post: Data On 'Six Strikes' Suggests Little Real Impact
Reason for the decrease?
It could be that a large proportion of the people who receive a first notice are still infringing; they are just now hiding it better to avoid receiving a second notice.
On the post: Australia's Attorney General Ignores All Evidence And Experts: Decides To Obey Hollywood's Commands On Copyright
Not all as it seems?
http://www.afr.com/p/technology/brandis_mulls_three_strikes_rule_fHbNn5PdCtf5OYW8FeodPO
from the Australian Financial Review seems to suggest that the result of the warnings will not be a ban from internet, and that there is a lot to do before anything is implemented (such as getting through a tough Parliament). Anyone have any thoughts or comments?
On the post: DailyDirt: Eat Less Red Meat. Cows Rejoice!
Let's see, a high carb low protein diet is better for health
Fat people justifying their fat ways.
On the post: Guy Sues Apple For $25k Because His Time Capsule Device Died
Re: Re: One of the few times I disagree with you, Mike
There is clearly a connection between the name and the product purpose, as opposed to a brand name or a model (such as your example of Magic and car names).
Not saying this is the be all and end all, but is a relevant consideration (misleading and deceptive conduct?)
My point is, prima facie, it appears that Apple sold a product on the basis that it would last...and it didn't.
On the post: Guy Sues Apple For $25k Because His Time Capsule Device Died
One of the few times I disagree with you, Mike
The selling point of these devices is that:
1. They will last for a long time (hence the name, Time Capsule); and
2. That they are a secure backup for when you encounter problems on your Mac.
You cannot then deny any responsibility with an argument that "all technology fails". That may be true, but when you sell an item based on a promise, you cannot resort to that defence.
This is in contrast to, say, an iPhone, which may fail at some point, but is not sold on the premise that it will have longevity.
On the post: Since The RIAA & MPAA Say That A Copy Is Just As Valuable As The Original, Send Them A Copy Of Money
Money obtains its value by the way in which it is accepted by society i.e. it can be exchanged for goods and services, and has value. There is no value in a copy (especially a digital copy), as it cannot enjoy the same use as the original.
There is, however, some value in a digital copy of a song or movie. I'm not specifically talking about dollar value, but in the use of the original vs the use of the copy. People are able to enjoy the same content and use as the original.
Not a very good comparison in my opinion, and I think this weakens the argument against the ridiculous claims which are made by the MPAA & RIAA.
On the post: Drake, Once Again, Shows That It Makes Sense To Embrace Your Fans Who Infringe, Too
Misquote
Not hatin', just curious.
On the post: Drake, Once Again, Shows That It Makes Sense To Embrace Your Fans Who Infringe, Too
Misquote
"Buy it if you like..." and "Buy it if you like it" have very different meanings.
On the post: This Post Is Not About Steve Jobs
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