Every business has it’s own unique DNA which makes it special. Intellectual Property protection provides the means by which you can convert your ideas into valuable property, fortifying your strategic vision and key assets like your brand equity. Whether you are a writer, musician, artist, blogger, film producer, screenwriter, designer or engaged in e-commerce and/or m-commerce, publishing e-books or making money online through article writing, affiliate or internet marketing, you would be aware the internet has opened up a whole new world of opportunities and dangers.
The danger and opportunity largely derives from the fact that the regulations and the practical ability to enforce them has fallen behind the pace of technological development. The result is a wild west like environment where online publishers largely act without any regard to the multiplicity of laws which technically govern their operations.
The response to spam, privacy law violations, security threats, cybercrime and intellectual property violations involves an understanding not only of the laws of different jurisdictions, but also the technology and culture of the internet and it’s rapidly evolving nature and norms. It also involves some understanding of the various economic models being adopted to exploit the infrastructure of the internet.
I have a legal background, an understanding of the internet’s practical architecture and technologies, coupled with an understanding of it’s rapidly evolving economic models.
This website has been developed as an information resource for various artists, micro and small businesses to assist them in surviving in this maze of overlapping jurisdictions and mega-corporations such as Google, eBay, Second Life, Facebook and Twitter.
In the new digital economy there is a collision of law, terms of service (TOS) and End User Licence Agreements (EULA) of web properties such as Facebook, Twitter and Second Life, with many outstanding issues yet to be resolved by the legal system.
There are also Treaties, Memorandums of Understandings, inter-governmental bodies and organisations which have emerged in a panicked attempt to control this mass of threat and digital communications opportunity we know as the internet, or more correctly the world wide web.
The main focus of this website is to provide insights in the areas of copyright law, trademark law and other intellectual property related issues, such as the tort of passing off, and misleading and deceptive conduct (false advertising in the US).
The internet is a two edged sword, making intellectual property potentially many times more valuable, but also more vulnerable to being stolen on a massive scale. There are a range of ways to protect intellectual property, both technologically and legally. It is important to understand their relative strengths and weaknesses, including their associated costs and limitations in order to decide upon the best combination of measures to use for a particular strategy.
Internet law or cyber law is still in it’s infancy as the various jurisdictions arrive at political and legal solutions to issues such as the potential liability of search engines and other online intermediaries, whether in defamation or copyright or trademark infringement. There are important issues at stake involving free speech on the internet, the internet promising to be the great equaliser, but which seems to be turning into a tool of censorship.
Operating on the internet also involves an understanding of aspects of media law, privacy related aspects of telecommunications law and defamation law which all overlap to some degree. These laws are all of relevance to all online sellers, publishers, internet marketers, advertisers, content hosts, internet service providers and content producers.
Some jurisdictions have developed cyberspecific legislation, but all have to fit their laws together into a structure that functions. Legislation and important precedents in case law cannot be ignored by those operating in an international marketplace.
The Internet has revolutionised the way we interact, how we buy and sell, distribute and exchange information and knowledge. There is no single law that we can turn to resolve internet related intellectual property and other online legal issues such as obscenity, privacy, cybercrime, censorship and counterfeiting. There are many interests wanting to censor the internet for various reasons, to protect reputations, moral standards, prevent crime and maintain political control.
Although this website’s primary focus is on Australian intellectual property law, it is recognised that the backbone of the internet is designed so that it is indifferent to geographical boundaries, and problems aren’t necessarily confined to discrete geographical locations.
Disclaimer: This site is intended to operate purely as an informational resource, a general overview of intellectual property and other related legal issues arising online. It isn’t a substitute for professional legal advice from a lawyer certified to provide legal advice in your jurisdiction. Neither is it intended to create an attorney-client relationship. The law varies in each jurisdiction and we do not warrant the accuracy, completeness or usefulness of any material you read here.