The Federal Court of Canada has ruled that Access Copyright is entitled to collect royalties from York University for its staff’s and students’ copying of articles and other materials used in “coursepacks” and learning management systems. The University had argued that its copying was fair dealing under the Copyright Act (RSC 1985, c C-42). Commentator Michael Geist offers a scathing review (http://www.michaelgeist.ca/2017/07/ignoring-supreme-court-trial-judge-hands-access-copyright-fair-dealing-victory/) of the decision, saying it ignores the Supreme Court of Canada’s copyright decisions; while commentary from other firms including Bereskin & Parr are more neutral (http://www.bereskinparr.com/Doc/id956). This decision seems ripe for an appeal.
On 26 May 2017, the Full Federal Court found that a trade mark application must be made in the true owner’s name, and a later assignment from an applicant to the true owner cannot correct any defect in ownership. See Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd (http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2017/2017fcafc0083). This overturns the previous Australian law position about ownership of a trade mark application. However, the Insight decision means that the ownership requirement for trade mark applications is different to that of registered designs and patents.
Data privacy & policy
After the Guardian reported a darknet trader is illegally selling on-demand Medicare patient details, the Australian government announced a security review into the accessibility of Medicare’s online system. The review will be led by Prof Peter Shergold, with the report due by 30 September 2017.
Continuing the Australian government’s anti-encryption rhetoric, PM Malcolm Turnbull and Senator George Brandis have said that by year-end, the Australian government would introduce draft legislation seeking to force tech companies to decrypt end-to-end encrypted messages in real-time; compell device manufacturers to help authorities break into devices they sell; and give the Australian Federal Police an authority to “remotely monitor computer networks and devices” (this is currently limited to ASIO).
The Age’s Tony Wright comments on a new book from David Dufty, “The Secret Code-Breakers of Central Bureau: How Australia’s signals intelligence network helped win the Pacific War”, about Australia’s WWII signals intelligence and code-breaking operations at the Monterey building in Melbourne – a local version of the UK’s Bletchley Park.