White SW Computer Law
Intellectual Property, Information Technology & Telecommunications Lawyers
Melbourne Office - PO Box 452, COLLINS STREET WEST Victoria 8007 Australia
Sydney Office - GPO Box 2506, SYDNEY New South Wales 2001 Australia
Telephone: Melbourne Office - +61 3 9629 3709 Sydney Office - +61 2 9233 2600
Facsimile: Melbourne Office - +61 3 9629 3217 Sydney Office - +61 2 9233 3044
Email: wcl@computerlaw.com.au Internet: http://www.computerlaw.com.au

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 ====== White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - January 2000 ====== ====== White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - January 2000 ======
-===== IS TRANSFERRING SOFTWARE FROM DISK TO RAM OR OVER THE INTERNET AN INFRINGEMENT? =====+ 
 +===== Is Transferring Software From Disk To RAM Or Over The Internet An Infringement? ===== 
 There is no question as to whether the unauthorised copying of a software program from a floppy disk onto a computer'​s hard disk is a copyright infringement. A less certain point is whether launching the program by transferring a "​copy"​ from the hard disk into RAM (Random Access Memory) is a further copyright infringement. If the Courts take the view that such copying is a copyright infringement,​ the use of an unauthorised copy of a software program will lead to a chain of copyright infringements,​ each time the program is used. There is no question as to whether the unauthorised copying of a software program from a floppy disk onto a computer'​s hard disk is a copyright infringement. A less certain point is whether launching the program by transferring a "​copy"​ from the hard disk into RAM (Random Access Memory) is a further copyright infringement. If the Courts take the view that such copying is a copyright infringement,​ the use of an unauthorised copy of a software program will lead to a chain of copyright infringements,​ each time the program is used.
  
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 If a Court takes the view that "​copying"​ into RAM is a copyright infringement in itself (which is likely), it may lead to an increase in the number of people sued for innocent infringement and an increase in damages awarded where there is a demonstrated chain of such infringements each time the infringing software program is used. It is also important to note that the directors of a company who are seen to be the "​controlling mind" of the company with also be in danger of being sued for the company'​s copyright infringements. \\  It is important for company directors to ensure that they conduct regular software audits to ensure that all copies of software programs being used by the company are authorised. If a Court takes the view that "​copying"​ into RAM is a copyright infringement in itself (which is likely), it may lead to an increase in the number of people sued for innocent infringement and an increase in damages awarded where there is a demonstrated chain of such infringements each time the infringing software program is used. It is also important to note that the directors of a company who are seen to be the "​controlling mind" of the company with also be in danger of being sued for the company'​s copyright infringements. \\  It is important for company directors to ensure that they conduct regular software audits to ensure that all copies of software programs being used by the company are authorised.
-===== DOMAIN NAME POLICY CHANGES FOR .COM, .NET AND .ORG =====+ 
 +===== Domain Name Policy Changes For .com, .net and .org ===== 
 For some time now, domain name disputes have been becoming more common. The dispute policy in the past has appeared to create some problems for domain name holders who may have registered a domain name in good faith, only to have a large corporation demand that it be surrendered based on the similarity between the domain name and the corporation'​s trade mark. Internet Corporation for Assigned Names and Numbers ( "​ICANN"​ ) has now adopted the Uniform Domain Name Dispute Resolution Policy, which sets forth the terms and conditions in connection with a dispute between a domain name holder and any party other than ICANN. It is hoped that this policy will assist domain name holders who have registered domain names in good faith. The full terms and conditions may be read at www.icann.org . By registering,​ maintaining a registration or renewing a registration,​ a domain name holder is held to warrant that, amongst other things, to their knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; that they are not registering the domain name for an unlawful purpose; and that they will not knowingly use the domain name in violation of any applicable laws or regulations. It is the domain name owner'​s responsibility to determine whether their domain name registration infringes or violates someone else's rights. In some cases, where a domain name holder was forced to relinquish their domain name in the past, for example due to an alleged trade mark infringement,​ they will be able to make an application that the domain name be restored to them. However, new laws, particularly in the US such as the AntiCybersquatting Consumer Protection Act, are making it increasingly difficult to register commercially desirable domain names on a speculative basis. For some time now, domain name disputes have been becoming more common. The dispute policy in the past has appeared to create some problems for domain name holders who may have registered a domain name in good faith, only to have a large corporation demand that it be surrendered based on the similarity between the domain name and the corporation'​s trade mark. Internet Corporation for Assigned Names and Numbers ( "​ICANN"​ ) has now adopted the Uniform Domain Name Dispute Resolution Policy, which sets forth the terms and conditions in connection with a dispute between a domain name holder and any party other than ICANN. It is hoped that this policy will assist domain name holders who have registered domain names in good faith. The full terms and conditions may be read at www.icann.org . By registering,​ maintaining a registration or renewing a registration,​ a domain name holder is held to warrant that, amongst other things, to their knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; that they are not registering the domain name for an unlawful purpose; and that they will not knowingly use the domain name in violation of any applicable laws or regulations. It is the domain name owner'​s responsibility to determine whether their domain name registration infringes or violates someone else's rights. In some cases, where a domain name holder was forced to relinquish their domain name in the past, for example due to an alleged trade mark infringement,​ they will be able to make an application that the domain name be restored to them. However, new laws, particularly in the US such as the AntiCybersquatting Consumer Protection Act, are making it increasingly difficult to register commercially desirable domain names on a speculative basis.
-===== DEALING WITH SOFTWARE ERRORS ​===== + 
-Although the turn of the millenium ​did not cause widespread computer failures, it can be expected that over the course of the coming months, further Y2K errors will arise. However, it is important to remember that non-Y2K errors can also cause major interruption to business. Your business should have a set procedure in place to deal with all software errors in a systematic way, not only to assist in tracking errors and how they arise, but to provide an accurate record of events, should litigation be necessary to recover your loss and damage suffered.+===== Dealing With Software Errors ​===== 
 + 
 +Although the turn of the millennium ​did not cause widespread computer failures, it can be expected that over the course of the coming months, further Y2K errors will arise. However, it is important to remember that non-Y2K errors can also cause major interruption to business. Your business should have a set procedure in place to deal with all software errors in a systematic way, not only to assist in tracking errors and how they arise, but to provide an accurate record of events, should litigation be necessary to recover your loss and damage suffered.
  
 Whether you are the customer using the software or the supplier and/or programmer, should an error occur in your software, it will be important to keep detailed notes of the circumstances of how the error occurred. Should a dispute arise, it will be important to be able to demonstrate from the recorded information how you think the fault arose. For example, faulty hardware or third party software may cause non-faulty software to appear as if it has an error. Whether you are the customer using the software or the supplier and/or programmer, should an error occur in your software, it will be important to keep detailed notes of the circumstances of how the error occurred. Should a dispute arise, it will be important to be able to demonstrate from the recorded information how you think the fault arose. For example, faulty hardware or third party software may cause non-faulty software to appear as if it has an error.
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   * The error number reported and any other relevant information displayed such as error registers   * The error number reported and any other relevant information displayed such as error registers
   * Collect memory dumps, audit logs, error logs, message logs, transaction logs and any other information no matter how irrelevant. In serious failures an entire tape backup (if possible) should be taken for later evidence.   * Collect memory dumps, audit logs, error logs, message logs, transaction logs and any other information no matter how irrelevant. In serious failures an entire tape backup (if possible) should be taken for later evidence.
-  * A complete list of all hardware components including part numbers and bios levels+  * A complete list of all hardware components including part numbers and BIOS levels
   * Has the operation worked before?   * Has the operation worked before?
   * If so, what has changed?   * If so, what has changed?
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 Customers should ensure that they report and document any errors as soon as possible, with as much detail as possible to give the supplier an opportunity to correct the error before loss and damage is incurred. The supplier may also have further information,​ which they require that the customer collect. Customers should ensure that they are familiar with their suppliers'​ requirements. Suppliers likewise need to ensure that they act quickly upon any reported errors to minimise any potential loss and damage suffered by the customer. Customers should ensure that they report and document any errors as soon as possible, with as much detail as possible to give the supplier an opportunity to correct the error before loss and damage is incurred. The supplier may also have further information,​ which they require that the customer collect. Customers should ensure that they are familiar with their suppliers'​ requirements. Suppliers likewise need to ensure that they act quickly upon any reported errors to minimise any potential loss and damage suffered by the customer.
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-This article is a guide only and should not be used as a substitute for proper legal advice, readers should make their own enquiries and seek appropriate legal advice. 
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  © White SW Computer Law 1994-2016. ABN 94 669 684 644. All Rights Reserved.
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  This website is a guide only and should not be used as a substitute for proper legal advice.
  Readers should make their own enquiries and seek appropriate legal advice.
  For legal advice please email wcl@computerlaw.com.au