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Sainsbury, Maree --- "The Copyright Act in the Digital Age" [2000] JlLawInfoSci 13; (2000-2001) 11(2) Journal of Law, Information and Science 182

[1] Fry, J, Assessing and Minimising the Risks of Business-Method Patents, <http://www.gigalaw.com/articles/fry-2000-09-p1.html>

[2] The validity of the patent is currently being tested by the courts, as Amazon attempts to prevent Barnes and Noble, another bookseller, from using the patented business method.

[3] See Kass, H D, 'Problems in Copyright Law: Can Congress' Latest Addition to the Digital Millennium Copyright Act Circumvent the First Amendment' in University of Iowa Cyberspace Law Seminar, April 2000, <http://www.uiowa.edu/-cyberlaw/cls00/kassh.html>

[4] In January 2000, eight motion picture studios won a preliminary injunction to prohibit the posting of software that decodes CSS technology (Universal City Studios v Reimerdes, US District Court for the Southern District of New York, 00-0277). The defendants withdrew the technology from their web site, but posted links to other web sites offering similar technology.

[5] In the absence of any defence such as fair dealing (sections 41-4???)

[6] [1975] HCA 26; (1975) 133 CLR 1

[7] 839 F.Supp. 1552 (M.D. Fla. 1993)

[8] See Ishman, M W and Cromer, J D, 'Trends in US Copyright Law: adapting to the cyber-revolution' in IP World Online, <http://216.3.116.71/IPW/articles/IPWA03.htm>

[9] US District Court, Central District of California, March 27, 2000.

[10] It also brought actions for breach of contract, misappropriation, trespass, unjust enrichment, unfair competition, false advertising, unfair business practices and interference with business advantage.

[11] Similar litigation arose in the case of eBay v Bidders Edge, D Calif., No. 0-99 21200. Bidders Edge is a website which gathers information from many auction web-sites such as eBay, collating information from those sites for the users of its web site. The US District Court issued a preliminary injunction on the 24 May 2000 on the basis that Bidders Edge, through it’s automated query program and web crawler, was using the personal property of eBay for its own purposes. An injunction based on breach of copyright was denied and the court made it clear that use of eBay's information by any other means was not precluded by the injunction. See also Kelly v Arriba Soft Corporation (77 F.Supp 2d 1116 (C.D. Cal.1999) and Intellectual Reserve, Inc v Utah Lighthouse Ministry, Inc No2:99-CV-808C (C.D Utah Oct. 15, 1999).

[12] See Smith Kubiszyn, M, 'Web Site Framing: Trademark and Copyright Issues', GigaLaw.com, <http://www.gigalaw.com/articles/kubiszyn-2000-04-p1.html>

[13] Central District Court of California,

[14] Which if the equivalent of an adaptation under Australian law. See Kubisxzyn, M S, 'Web Site Framing: Trademark and Copyright Issues',

<http://www.gigalaw.com/articles/kubiszyn-2000-04-p1.html>

[15] See Richtel, M, 'Warned by the Music Industry, Web Site Files Suit' in The New York Times, June 6, 2000,

<http://www10.nytimes.com/library/tech/00/06/biztech/articles/06music.htm>

[16] See Newsbytes, 'Record Label Threatens Australian Web Site Over Song Link', 25 August 2000,

<http://www.newsbytes.com/pubNews/00/154197.html>

[17] Collie, I, ‘Multimedia and Moral Rights’ in Arts and Entertainment Law Review, December 1994, p 96.

[18] A ‘literary work’ is defined to include a computer program or compilation of computer programs (section 10(1) of the Copyright Act).

[19] The definition of ‘artistic work’ is: (a) a painting, sculpture, drawing, engraving or photograph, whether the work is of artistic quality of not; (b) a building or a model of a building, whether the building or model is of artistic quality or not; or (c) a work of artistic craftsmanship to which neither of the last two preceding paragraphs applies (section 10(1) of the Copyright Act). ‘Drawing’ is further defined to include a ‘diagram, map, chart or plan’. Photographs are also covered as ‘a product of photography or of a process similar to photography, other than an article or thing in which visual images forming part of a cinematograph film have been embodied and includes a product of xerography, and ‘photographic’ has a corresponding meaning.

[20] A cinematograph film is defined as ‘the aggregate of the visual images embodied in an article or thing so as to be capable by the use of that article or thing: (a) of being shown as a moving picture; or (b) of being embodied in another article or thing by the use of which it can be shown and includes the aggregate of the sounds embodied in the sound track associated with such visual images.’ (section 10(1) of the Copyright Act).

[21] See Sega Enterprises Ltd v Galaxy Electronics Pty Ltd (1996) 35 IPR 161.

[22] Copyright Act 1968 (Cth), s 10(1)(b).

[23] See Kalamazoo (Australia) Pty Ltd v Compact Business Systems Pty Ltd (1985) 5 IPR 213 at 231-234.

[24] See Copyright Law Review Committee, Simplification of the Copyright Act 1968, Part 2, Categorisation of Subject Matter and Exclusive Rights, and Other Issues, February 1999.

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