No Right to be Forgotten under Harmful Digital Communications Act
No Right to be Forgotten under Harmful Digital Communications Act
27 February 2017 | By  Rick Shera
On the basis of this decision, it appears that the fears of some that the HDC Act would be used to chill free speech are not being borne out, and those seeking to expunge unhelpful past history from their online record in New Zealand will have to find another route ... Read More →
No Right to be Forgotten under Harmful Digital Communications Act
No Right to be Forgotten under Harmful Digital Communications Act
27 February 2017 | By  Rick Shera
On the basis of this decision, it appears that the fears of some that the HDC Act would be used to chill free speech are not being borne out, and those seeking to expunge unhelpful past history from their online record in New Zealand will have to find another route ...
Read More →
Dotcom Decision: Some Initial Observations
Dotcom Decision: Some Initial Observations
21 February 2017 | By  Rick Shera
These are just some initial thoughts, but it is clear that no matter what happens on appeal, this case will have signification ramifications in both the copyright and criminal law spheres ...
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Rubbing Salt in the Cox Wound
Rubbing Salt in the Cox Wound
16 February 2017 | By  Rick Shera
Having been slammed in 2016 with a USD25 million damages award by a US jury, Cox Communications has now had USD8 million costs award made against it in the case ...
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First Major Harmful Digital Communications Act case to be appealed
First Major Harmful Digital Communications Act case to be appealed
31 January 2017 | By  Rick Shera
It will be interesting to see whether the High Court on appeal can overcome the lack of evidence that saw a revenge porn victim's Harmful Digital Communications Act case rejected in the District Court ...
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A tale of two courts, two countries and two ISPs: iiNet and Cox
A tale of two courts, two countries and two ISPs: iiNet and Cox
19 August 2016 | By  Rick Shera
It is unusual to get cases in different jurisdictions with such similar facts that they allow us to directly compare the application of law in those jurisdictions. For copyright geeks, the comparison between the US case BMG Rights Management (US) LLC v Cox Communications, Inc and the Australian case Roadshow Films Pty Ltd v iiNet Limited[1] is therefore something to be savoured...
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Of NARS and SNARS and copyright fair dealing
Of NARS and SNARS and copyright fair dealing
16 August 2016 | By  Rick Shera
In Sky Network Television Limited v Fairfax New Zealand Limited [2016] NZHC 1883 (12 August 2016), Justice Fogarty has found for the defendant, Fairfax, refusing SkyTV’s interim injunction application for copyright infringement.
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Harmful Digital Communications Act - Update
Harmful Digital Communications Act - Update
21 December 2015 | By  Rick Shera
The Harmful Digital Communications Act 2015 was passed into law with the changes suggested by the Select Committee incorporated ...
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IRD Warning on Employee Share Purchase Arrangements
IRD Warning on Employee Share Purchase Arrangements
24 November 2015 | By  Rick Shera
The IRD has issued a warning about employee share purchase arrangements that you'd do well to check if you are considering one or have one in place ...
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Updated: Was a Silver Fern Flag Rejected for IP Reasons?
Updated: Was a Silver Fern Flag Rejected for IP Reasons?
16 November 2015 | By  Rick Shera
As noted previously, intellectual property issues seem to have dogged the #nzflag selection process. However, one potentially popular option is repeatedly referenced as having been discounted because of an IP issue and that of course is the silver/white fern on plain black, another of Kyle Lockwood's submissions ...
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Privacy Implications of Westpac's Release of Nicky Hager's Personal Information
Privacy Implications of Westpac's Release of Nicky Hager's Personal Information
28 October 2015 | By  Rick Shera
We've heard this week that Westpac Bank voluntarily provided the New Zealand Police with author Nicky Hager's bank account information, without requiring a production order or warrant from the Court. The information was apparently requested on the basis that it might reveal information about the person known as Rawshark ...
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Trans Pacific Partnership Agreement Negotiation Concluded
Trans Pacific Partnership Agreement Negotiation Concluded
12 October 2015 | By  Rick Shera
After more than half a decade, the negotiation of the Trans Pacific Partnership Agreement between Australia, Brunei, ​Canada, Chile​, ​Japan​, Malaysia​, Mexico​, New Zealand, Peru​, Singapore, United States​ of America and Vietnam, concluded in Atlanta, Georgia, USA on 5 October 2015 ...
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How to Slam a Cyber-squatter
How to Slam a Cyber-squatter
25 September 2015 | By  Rick Shera
The .nz domain name dispute resolution service has been successful in providing an inexpensive, fast track method for people who have rights in a domain name to prevent those who do not - so called cyber-squatters - from using that name. However, sometimes, even that is not fast enough, especially where there is fraud involved ...
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UPDATED: #Redpeak Intellectual Property Issue?
UPDATED: #Redpeak Intellectual Property Issue?
15 September 2015 | By  Rick Shera
The intellectual property issues around the #nzflag process are very interesting. IP was one of the things that had to be taken into consideration by the flag consideration panel ...
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