Law News Items (2 Viewers)

[Frigid]

so far, i think the book has been 'unputdownable'... although its portrayal of top-tier firms as being dark, scandalous, evil places has me thinking, ought i really switch to the dark side of corporate law? should i stick to being a poor leftie lawyer in the future? these are issues that the books talks about

hmmmm... *thinks* it reminds me of that little short insurance manager in The Incredibles

 

[MoonlightSonata]

Without wanting to hijack this thread, I would like to warn that fair dealing is a very limited exception to copyright infringement. Furthermore, the reporting of news exception is highly unlikely to apply in this case as s42 relates to a newspaper, magazine or similar periodical etc.

Yes, but subsection (b) includes fair dealing when:

it is for the purpose of, or is associated with, the reporting of news by means of a communication [...]

--

More importantly, fair dealing relates to the reproduction of a reasonable portion of copyright material without the permission. This raises issues as to the reasonable amount of material reproduced as well as the nature of the use itself. In this case, we do not need to reproduce the whole article (so far, whole articles have been reproduced without significant further comment) and we can also provide a link instead.

Only summary or extracts have been used so far

Putting aside legislation and questions of infringement, it does not seem to be good form in a legal forum to copy a substantial portion of an article when there are other reasonable means.

I don't see any poor form in it - I think it is a matter of convenience. The small extract under the heading lets us have a taste of the article, to see whether we want to read it.

 

[1000words]

Yes, but subsection (b) includes fair dealing when: it is for the purpose of, or is associated with, the reporting of news by means of a communication [...]

I apologise for not making myself clear. My point was not to the medium but to what amounts to 'reporting of news'. To use a basic example, using copyrighted material to illustrate a story (i.e. to report news). Copying and pasting substantial portions of a news article is mere reproduction as opposed to reporting on a news story altogether. For example, a press clipping service could not use s42 to avoid infringement for the reproduction of newspaper articles: De Garis v Neville Jeffress Pidler 1990. Furthermore, those interested may like to read the Federal Court case of TCN Channel Nine Pty Ltd v Network Ten Pty Ltd where the fair dealing/reporting of news exception was raised.

Only summary or extracts have been used so far ... I don't see any poor form in it - I think it is a matter of convenience. The small extract under the heading lets us have a taste of the article, to see whether we want to read it.

If that was entirely the case, then I would never have raised the issue as I would be able to tell an attempt to cut down on reproduction. My concern related to the reproduction of whole articles which has been used so far, where there is no longer a need to click the link further to read the entire article as the entire article has already been reproduced.

 

[santaslayer]

Since none of us have done anything related to media/copyright law we should be excused in such circumstances! Keep going with the articles. ...LoLz

 

[MoonlightSonata]

I have actually

But there is a lack of precedent on this particular scope of fair dealing

 

[Frigid]

the Lawyer's Weekly has been updated. though i can't find anything greatly insightful to us. except maybe this article about celebrating chinese new year:

Rooster crowsat Deacons

"Over 200 people gathered to celebrate the Year of the Rooster at Deacons’ Sydney office, and were welcomed by chief executive partner Don Boyd, partner Ian McCubbin, who has worked on Chinese matters for over 20 years, and partner Kevin Hobgood-Brown who has expertise in Japan, Asia, China and Taiwan."

 

[1000words]

I also recommend the Legal Affairs section in the Friday edition of the Australian Financial Review. They have a lot of interesting information and current affairs every week, with far less propoganda than other legal news services You need a subscription though.

 

[Frigid]

guess who bought Ambulance Chaser today?

$30rrp books are $19.44 at Big W (w00t)

 

[Frigid]

an article for those interested in jurimetrics and judicial activism.:

Robust dissent puts Kirby on the outer
Chris Merritt, Legal Editor
18 February 2005
Australian Financial Review

"A year of constitutional turmoil on the High Court has turned Ken Hayne and Michael Kirby into the judicial equivalent of Tweedledum and Tweedledee: one almost never dissents while the other almost never agrees.

Justice Hayne disagreed with his brother judges in just one case last year, thereby dislodging Bill Gummow as the judge whose approach to the law personifies the mainstream on the High Court.

The contrast with Justice Kirby, the court's great dissenter, could not be greater..."

full text available on Factiva.

 

[santaslayer]

an article for those interested in jurimetrics and judicial activism.:full text available on Factiva.

Pay/view?

 

[Frigid]

Pay/view?

no dear. go to your uni library site and login. for you, my UoW friend, you'll find Factiva here.

Then search title name and select source as Australian Financial Review.

 

[Frigid]

Kirby J always makes good news... this is in reference to the previous article about his dissension:

Judicial dissent is an appeal to the futurehttp://webdiary.smh.com.au/archives//000735.html

Address by the High Court's Justice Michael Kirby to the James Cook University law students' ball in Cairns, 26 February 2005

Dissent in judicial opinions is a special feature of legal systems, like Australia's, that trace their origins to the judges of England. In the European law tradition, judges generally have no right to dissent. It is said that expressing disagreement over decisions will undermine public confidence in the certainty of the law.

Our tradition is different, probably because of the more libertarian history of England. Possibly because our top judges are chosen in middle age from the leading advocates in the private sector, not promoted by government in a career judiciary. Our judges are more resistant to pressure from government and also from their colleagues. Judicial independence includes independence from each other. The only masters of our judges are conscience and the judge's understanding of the law and the facts of the case...

 

[Frigid]

what can i say? only in America...

Man Can Sue Woman For Sperm Theft Distress

A woman accused of using her lover's sperm to impregnate herself without his knowledge can be held liable for the unwitting father's emotional pain, the Illinois Appellate Court has ruled.

In the ruling released Wednesday, a three-judge panel reinstated part of a lawsuit against Sharon Irons, a doctor from Olympia Fields. The ruling sends the case back to Cook County Circuit Court.

 

[Frigid]

another radar article on legal...

Beyond the lawhttp://radar.smh.com.au/archives/2005/03/beyond_the_law.html
March 02, 2005

More rules governing our daily lives mean greater and more varied job opportunities for lawyers.

When Rob Stokes decided to study law after finishing school, his ambition was to become a suburban solicitor. "I thought it was a really good role in the community," says Stokes, now 31. "But I tried being a high street solicitor for a little while and the problem is there's just so much law these days that, really, it's almost dangerous to put up your shingle. There's so much information that you can't possibly know it all."

 

[MoonlightSonata]

what can i say? only in America...

Jesus they could have said it was an implied licence or some such thing instead of a gift, at least let sane policy prevail if anything else. I mean strictly speaking it may have been a gift... intent, act etc is there -- but there are too many serious moral implications involved. The fact that it could be used to create another life, another person (and one to whom the 'donor' will be financially obligated') would naturally involve placing an implied restriction on the sperm... as no man would agree to automatic consent to childbirth everytime he has sex.

Crazy US judges..

 

[1000words]

BRW Law Firm Choice Awards: http://www.brw.com.au/freearticle.aspx?relId=12286

 

[Frigid]

BRW Law Firm Choice Awards: http://www.brw.com.au/freearticle.aspx?relId=12286

Poulton says she is in the office on average from 8am until 7pm on weekdays, then works at home for a couple of hours in the evening. Most partners and senior associates have home offices and carry Blackberries, ensuring that they can answer e-mails anywhere, any time.

i have a feeling i'm either gonna really love my working life and work like a workaholic, or it's gonna drive me to the point of insanity and beyond...

 

[MoonlightSonata]

"Poulton says she is in the office on average from 8am until 7pm on weekdays, then works at home for a couple of hours in the evening. Most partners and senior associates have home offices and carry Blackberries, ensuring that they can answer e-mails anywhere, any time."

 

[Frigid]

Bend it like Oleg

In another Ukrainian story, a local MP has entered into a legal battle so that he might do what he does professionally, but also coach the country’s football team.

Traditionally, and by law in the Ukraine, an MP is unable to do any other job than what he or she does, unless it’s teaching, science or the arts, it is said. But Oleg Blohin is determined to do both, having been asked to step down as football coach and focus on the more important role at hand (or so it could be argued).

But Oleg is furious, and insists that he is in fact sticking to the law – after all, isn’t coaching practically teaching? Sure that he has a case, he has taken it to the Court of Appeal in the capital after he was forced to reneg his role in a parliamentary committee recently.

The football association is supportive of Oleg, and has reportedly said that he hopes the court allows the MP to “teach”.

i would like to read the judgment for that case

 

[Frigid]

yay! the BRW 'best small law firm' article available now:

AWARD: Best small law firm
FIRM: Holding Redlich
EXPERTISE: Commercial, public interest and private law
OFFICES: Melbourne, Sydney, Brisbane
PARTNERS: 35
STAFF: 205