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 ... 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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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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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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A present to everyone (except Warner)
A present to everyone (except Warner)
06 October 2015 | By  Duncan Coats
Everyone loves a quiz. So what is the most commercially successful song of all time? Yesterday by John Lennon and Paul McCartney*? Stairway to Heaven? White Christmas maybe?
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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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TPP Could Block Copyright Fair Use
TPP Could Block Copyright Fair Use
31 August 2015 | By  Rick Shera
Imagine that - we negotiate away copyright concessions to the US in TPP, only to find that the same lobbyists sitting in behind those negotiations then use the ISDS provisions of the same agreement to argue against us introducing fair use or to lodge a claim against the New Zealand Government if we do ...
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It’s happened in Australia.  Could a copyright owner force an ISP to give up alleged copyright infringers’ names in New Zealand?
It’s happened in Australia. Could a copyright owner force an ISP to give up alleged copyright infringers’ names in New Zealand?
11 April 2015 | By  Rachael Cederwall  | Rick Shera
The Federal Court of Australia has decided that Australian ISPs must provide users’ details to Voltage Pictures, the owner of the copyright in the film Dallas Buyers Club. But, could this happen in New Zealand? Is there scope for a New Zealand court to make a similar order under New Zealand’s pre-trial discovery rules? ...
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Infringing File Sharing Regime: Process Diagrams
Infringing File Sharing Regime: Process Diagrams
11 September 2014 | By  Rick Shera
Diagrams showing the processes under the Copyright (infringing File Sharing) Amendment Act changes to the Copyright Act 1994. A complicated process when it requires three pages to describe it
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The Trans Pacific Partnership Agreement: What could it mean for Authors?
The Trans Pacific Partnership Agreement: What could it mean for Authors?
11 April 2014 | By  Rick Shera
TPP is described as a free trade agreement, but it is much more than that. It is expected to cover trade in goods, tariff reduction, rules of origin, trade remedies and international dispute resolution, sanitary and phytosanitary measures, technical barriers to trade, trade in services, intellectual property, government procurement and competition policy. Its promoters describe it as a comprehensive, gold standard, 21st Century, future proofed agreement ...
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Trans Pacific Partnership needs a level playing field
Trans Pacific Partnership needs a level playing field
14 October 2013 | By  Rick Shera
There are plenty of arguments against penalising New Zealand with the US TPP intellectual property proposals. But, if we are to accept those penalties, then the current off the ball issues need to be addressed so that at least we end up on a level playing field.
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Blurring the copyright lines
Blurring the copyright lines
02 September 2013 | By  Rick Shera
A group of Auckland Law School students - Adelaide Dunn, Olivia Lubbock and Zoe Ellwood - have created an excellent parody of the Robin Thicke Blurred Lines video but is it legal? ...
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