Thursday, April 30, 2009

The Iced VoVo Dough Vo battle ends peacefully

Haven't seen any reports of any 'settlement' details - but for all the
coverage over this - both parties probably saw some spikes in sales.

Here's a pic I grabbed tonight at the KK shop at Chadstone - while
their product is still around.

Channel 9 news first with this story!

This story didn't seem to get a big run on the Yahoo 7 news site oddly enough ;-)

The ACCC website article on the decision is here.

High Court held 4:1 that as the broadcaster had entered an arrangement with the third party and endorsed or adopted the misleading representations of that third party in its publication, the publisher was liable for misrepresentations in the content and was not able to rely on the publisher’s defence (Trade Practices Act Section 65A) in relation to stories that were broadcast on the Today Tonight show.

The full High Court decision is here.

Australian Bill of Rights conference coming up in August

Any students looking for part time work

Netspace are currently hiring Customer Service Staff

applications can be sent to david.winbanks [at]

BRW's listing (alphabetically - not ranking) of Australian MBA Courses

Google: Best Australian Workplace

How about the supply/demand curve for employment there - reportedly
20,000 applications for 100 jobs.

Wednesday, April 29, 2009

Sunday, April 26, 2009

Law Week in Victoria

Law Week is a national annual event that aims to promote greater
understanding within the community of the law, the legal system and
the legal profession. Coordinated by Victoria Law Foundation and supported by the LIV, Law Week reaches out to members of our community with FREE events from exploring the art and architecture of Melbourne's grand legal precinct, to learning about human rights or finding out about local laws affecting you and your neighbours.

In 2009 Law Week takes on the theme of 'Law at Work' focusing on the
many roles within the law. 'Law at Work' offers an opportunity to:

• Meet people who work in law
• Understand the many areas of law
• Explore the range of services available
• Focus on law in the workplace: equal opportunity, anti-
discrimination, dispute settlement, occupational health and safety

Environmental impact of spam

Full report can be downloaded here:

Friday, April 24, 2009

Krispy Kreme v Arnotts

Is it just me - or is most of the food related IP litigation around
products that are contributing negatively to the obesity epidemic:


Krispy v Arnotts
Kettle Chip
The purple saga

'Common sense' on Google Street View in UK

the Street View angst in the UK is in the context of what the
national media outlet describes as a 'surveillance society' with reportedly more than 4 million CCTV cameras (no doubt many more
in 2009 - this is a 2006 figure)

Thursday, April 23, 2009

Less Sweat, More Tears? High Court decision in IceTV v Nine

Still making my way through the detail, but essentially this decision,
in favour of IceTV, has significantly changed the Australian position
on what compilation material will be protected by copyright.

The IceTV decisions makes Australian law more consistent with the US
and Europe positions.

Some links to comments at

Thursday, April 16, 2009

A useful practical illustration of Copyright being a 'bundle of rights'

Why such low uptake of new technology by academics...

I've often heard from credible sources, including senior staff at
Monash and elsewhere, that Academia is an aging profession, my
anecdotal experience supports this view.

I'm one of the youngest in my department, one of the most technology
literate - given the experiences I've had trying to get a simple
podcast on the iTunes store over the last week or two, the answer to
the question contained in the topic is clear.

I've resolved this year to integrate technology more into my teaching
and research networking.

Improving the regularity and relevance of posts here is part of this
Web 2.0 mindset.

As part of this resolve, I decided to get a podcast series
established. Peter Wagstaff, a colleague in the Department of Marketing at Monash, has had a
great podcast going for some time, and generally been a bit of a shining beacon for 'new'
technology use at Monash. It was this example in part, that had been
nudging me along for some time.

Well I've finally got the podcast series live on iTunes -
but what a trauma it was.

I gullibly thought using Apple's GarageBand software to create the
podcast, Apple's iWeb software to get it on the web and Apple's iTunes
Store to get it visible to podcast seekers on the web, would make the
process fairly straightforward.

These three steps went from amazingly easy and fun in step one to
sheer, time wasting frustration in step 3. As a long time Mac guy, I
have to presumable the process was not worse than using a disparate
collection of software and online tools to undertake the exercise.

Anyway, I googled for hours to try and find the solutions to the two
major hurdles, so will set out the solutions below in the hope they
might save others my from enduring my grief.

Major issue 1

Tossed up whether to use Dreamweaver, which I have some years
experience with at a basic level, or Apple iWeb - basic and somewhat
restricted, and not an application I've used much. I actually tried
both and decided that it was the effort getting my head around iWeb,
despite some shortcomings. I figured with the RSS, iTunes integration
etc this would save time over the long term.

It certainly did not in the short term!

I didn't want to use Apple's MobileMe hosting/cloud service (formerly
known as .Mac) - but rather use my own hosting account, that I use for
my other sites and

One of the annoyances of the iWeb (a commonly held one based on my
efforts to find a solution) is that it creates a subdirectory when it
creates a site, so my site become - with
directories below this also added. This meant that uploading files (I
used Dreamweaver but other FTP programmes would be the same) was a
hassle and the links for the RSS needed to iTunes were wrong. This
issue was also manifest in redirects set on my server not working. I
tried quite a few workarounds for this, eventually to solve the iWeb
additional directory dilemma.

Here's what worked for me

-created a new directory on my server

set the site name in iWeb to this same name ie PodLaw - top left red

and white could icon, or site name in site tab in the inspector in
iWeb 08
-saved site from iWeb into a folder on my Mac with the same name ie
-set Dreamweaver to upload the entire site to this PodLaw directory
-once uploaded with Dreamweaver (or other FTP client), copied the
index.html file from the directory on the server to
the root (public_html) directory on the server (I used my web based
cpanel to do this). This file was created by iWeb. I left a copy of
this file in the directory - not sure if it needed
there - but it was all working so I left it there.
-opened this index.html file in the root (public_html) directory and
changed the redirect URL from PodCast/PodCast.html to

So my non MobileMe hosted, iWeb created podcast was visible at
, the RSS link in the browser address bar was working, the subscribe
button was opening the podcast in iTunes, with correct artwork and
episodes - all issues overcome.

Major issue 2

Submitting to iTunes store

Finding the link to do this once on the iTunes Store was hard
-clicked Podcasts, towards the top on left side of iTunes window
-clicked Podcast Directory toward the bottom right of the iTunes window
-scrolled to bottom, bottom left box headed 'Learn More', clicked link
to submit podcast
- pasted the URL that I get when I click RSS button at (in
my case this was feed://
-CRITICAL - the iWeb templates have a title placeholder text box on
their podcast pages - this text box MUST contain the name of your
podcast (or at least not be empty), otherwise the error "We require
that feeds include a title" will appear - I made this text white on my
page - so it is not visible.

Hope this will prove useful to anyone wanting to 'try this at home'.

Tuesday, April 7, 2009

New law journal ranking list - what where they thinking...

Despite now having a A ranked publication under my belt, I must air my
astonishment at the 'Australian' Research Council law journal ranking
list finally released last week, adding my feeble voice to the likes
of Justice Young of the NSW Court Appeal, who spoke candidly about it
in the last issue of the ALJ.

I note that the list is no longer available on the website as of
today, in it's place is what must surely be biggest understatement
since federation

'The ARC is aware of issues with the HCA lists'

Another attempt at specific keyword/trademark legislation

Eric Goldman, one of the planet's best (in terms of quality and
quantity) bloggers on search law, has recently posted on the US state
of Utah's latest attempt to legislate on the use others trademarks as

As Eric points out, seem the proposal largely mirrors the existing
policy that Google and other search providers already have in place.

Wednesday, April 1, 2009

There's research and there's research

Discussion have been had frequently by academics and researchers who
might wonder about the relative importance and/or utility of their work.

Here's what I consider some really interesting research results from
Deakin University

Is this more or less interesting than my work on say, Voluntary
Administrators reports.....