Two civil cases could be thrown out of court due to juror's using social networking sites, such as Facebook and Twitter, to allegedly discuss the case which they were deliberating upon before a verdict was given. It is alleged that while the juror's did not disclose confidential facts about the case, they were influenced by the replies they received.
With many people owning smart phones which can access the internet almost anywhere, the possibility of this happening in almost any jury trial (whether civil or criminal) is most probable.
Additionally, many trials, even those of low notoriety can be looked up using Google, therefore providing juror's with the opportunity to research the case they are deliberating upon with ease. I found this out when writing a University assignment which involved attending a jury trial which was relatively unknown. Before a verdict had even been reached, I could access key information about the trial (which was perfect for my assignment).
Thursday, March 19, 2009
Friday, March 13, 2009
Patents: May be hurting the economy and preventing innovation says economists
Here is an interesting article which says what many people, particularly in the IT world where software patents appear to be given out in cornflake packets, have been thinking for a while now.
Michele Boldrin and David K. Levine believe the current patent/copyright system discourages and prevents inventions from entering the marketplace. The two professors have published their views in a new book, Against Intellectual Monopoly, from Cambridge University Press. In particular, they point to the fact that patents are being used to prevent AIDS sufferers in Africa from receiving life saving drugs, or students being prosecuted for pirating music off the Internet.
Levine states "There's plenty of protection for inventors and plenty of protection and opportunities to make money for creators. It's not that we see this as some sort of charitable act that people are going to invent and create things without earning money. Evidence shows very strongly there are lots of ways to make money without patents and copyright."
In terms of technology, many software companies use patent portfolios to use as defence should they be found in violation of a patent, such as Novell announcing that it would use it's portfolio of patents to defend against claims against some of its open source programs.
It appears that people are starting to see that patents are not being used for their original intent and purpose, which is to protect innovation from being blatantly copied without credit, rather than wipe it out all together. Another example is the patent over One click check out.
Michele Boldrin and David K. Levine believe the current patent/copyright system discourages and prevents inventions from entering the marketplace. The two professors have published their views in a new book, Against Intellectual Monopoly, from Cambridge University Press. In particular, they point to the fact that patents are being used to prevent AIDS sufferers in Africa from receiving life saving drugs, or students being prosecuted for pirating music off the Internet.
Levine states "There's plenty of protection for inventors and plenty of protection and opportunities to make money for creators. It's not that we see this as some sort of charitable act that people are going to invent and create things without earning money. Evidence shows very strongly there are lots of ways to make money without patents and copyright."
In terms of technology, many software companies use patent portfolios to use as defence should they be found in violation of a patent, such as Novell announcing that it would use it's portfolio of patents to defend against claims against some of its open source programs.
It appears that people are starting to see that patents are not being used for their original intent and purpose, which is to protect innovation from being blatantly copied without credit, rather than wipe it out all together. Another example is the patent over One click check out.
Friday, March 6, 2009
Copyrighting a Fact: How Railcorp claims copyright in a train timetable
Alvin Singh has received a cease and desist notice from RailCorp Sydney, demanding that he remove his popular iPhone application Transit Sydney from the itunes applications store.
They are likely to be relying on the previous decision of Desktop Marketing Systems Pty Ltd v Telstra Corporation Ltd (2002), where it was found that Telstra owned copyright in the Telstra White Pages, a telephone directory. However, the 2007 case of Ice TV went against this decision, with a finding that there was no copyright infringement when Ice TV distributed an electronic, subscription based reproduction of Nine Networks programing schedule. The judge in Ice TV distinguished Desktop Marketing Systems as there is only one logical way of organising a telephone directory, but many ways of presenting broadcasting schedules. I am of the opinion that this will fall into the latter category, however every case turns on its facts in this situation (there appears to be no settled law on this point).
They are likely to be relying on the previous decision of Desktop Marketing Systems Pty Ltd v Telstra Corporation Ltd (2002), where it was found that Telstra owned copyright in the Telstra White Pages, a telephone directory. However, the 2007 case of Ice TV went against this decision, with a finding that there was no copyright infringement when Ice TV distributed an electronic, subscription based reproduction of Nine Networks programing schedule. The judge in Ice TV distinguished Desktop Marketing Systems as there is only one logical way of organising a telephone directory, but many ways of presenting broadcasting schedules. I am of the opinion that this will fall into the latter category, however every case turns on its facts in this situation (there appears to be no settled law on this point).
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