Thursday, December 16, 2010

Telstra loses appeal on phone directories case

The decision upheld a February Federal Court decision that copyright did not subsist in Telstra's White and Yellow Pages directories

The unanimous decision by Chief Justice Keane, Justice Perram and Justice Yates was delivered in three separate judgements, all in general agreement with Justice Gordon's first instance decision. Chief Justice Keane observed that "in my respectful opinion, the decision of the trial judge was correct". [95]

Chief Justice Keane holding that the White and Yellow Pages "were compiled, not by the individuals engaged to facilitate the process, but by a computerised process of storing, selecting, ordering and arranging the data to produce the directories in the form in which they were published."

Full decision available at


Mark Bender

Tuesday, December 14, 2010

Local telco's allegedly misleading and deceptive conduct

Seems that many commonplace forms of marketing conduct in that industry are questionable at best - one of the most outrageous must surely be the constant use of 'cap' and 'capped' - in relation to plans that do not have an upper limit.

Tuesday, November 30, 2010

Defamatory Tweets?

UK High Court rules in copyright headlines case

The Newspaper Licensing Agency (NLA) and its members won a copyright case against a media monitoring service and the Public Relations Consultants Association (representing users of the service). The High Court found that some of the headlines put forward in the case were independent literary works, other headlines were considered to form part of the articles to which they relate.

Another Hungry Jacks case for Marketing Law students

Friday, November 26, 2010

IPRIA/CMCL Special Event: A Conversation with Eddie Schwartz

> Celebrate the end of the year and join a discussion with one of the world's leading songwriters on music markets and the Internet...
> Eddie Schwartz is best known for writing such classic hit songs as "Hit Me With Your Best Shot" recorded by Pat Benetar, "Don't Shed A Tear" by Paul Carrack and "The Doctor" by the Doobie Brothers. As a songwriter, he has had some two hundred songs recorded and performed by artists such as Joe Cocker, Carly Simon, Peter Frampton and Donna Summer. His worldwide sales are currently in excess of 30 million recordings. Together with Prof. Daniel Gervais from Vanderbilt University Law School, Eddie will lead an informal discussion about how music markets on the Internet should be organised.
> Monday 13 December, 2010
> Rfreshments from 5:30pm,
> Conversation starts at 6pm
> Corrs Chambers Westgarth
> Level 36, 600 Bourke Street

Monday, November 22, 2010

New Privacy website

On 1 November 2010 the Office of the Privacy Commissioner was integrated into the Office of the Australian Information Commissioner (OAIC). An interim site for the OAIC is available at The site will be maintained until a site incorporating all OAIC material is established.

Thursday, September 30, 2010

Court finds Google suggestion amounts to libel


Mark Bender
Department of Business Law & Taxation
Faculty of Business & Economics
Room E553, Menzies Building 11
Monash University
Wellington Rd
Clayton Vic 3800

[p] 03.9905 8554
[f] 03.9905 9111

Friday, July 30, 2010

ANZ acts on fake Facebook profile

And people say marketers are shifty!

You gotta love those credit managers for giving it a go.

Friday, June 25, 2010

Trade Practices Act Amendments Passed

The Trade Practices (No 2) bill was passed with amendments in the Senate  at 10.17am yesterday and at 6.56pm the House of Reps agreed to the amendments.  The amendments are attached and a link to the parliament website.

Friday, June 18, 2010

Who Owns The News?

IPRIA/CMCL/MBS Free Public Seminar - 'Who Owns the News?': A Panel Discussion, Thursday 8 July, MELBOURNE


A panel discussion hosted by CMCL, IPRIA and Melbourne Business School

Who owns the News?

MELBOURNE: Thursday 8 July – Coles Theatre, Melbourne Business School, The University of Melbourne, 6pm – 7.30pm (Registration from 5:30pm)

Please click here to register for this event or cut and paste the following link into your web browser:


Mark Davison, Faculty of Law, Monash University
Jane Ginsburg, Columbia University School of Law, New York
Stephen King, Faculty of Business & Economics, Monash University


Kwanghui Lim, Melbourne Business School, The University of Melbourne


Sam Ricketson, Melbourne Law School, The University of Melbourne

News Corporation is about to start charging for online access to its news. It says the future of old media in the digital age is that consumers will pay for online news content in a similar way as for hard copy 'newspapers' – and it seems to be far from alone in its plans.  But is this a sound approach in legal and business terms? The question will be examined by a distinguished panel of legal and economic experts, chaired by Sam Ricketson

Monday, June 14, 2010

An interesting website for food marketers

The website for a Melbourne based law firm with 'expertise in food law'.

Some good overview material on legal issues for marketers in this space.

Saturday, June 12, 2010


As result of having a broken finger, and the resultant impact on my typing ability and speed, I have decided to try dictation software and have been generally very happy with the results., I'm using the Dragon dictate 10 naturally speaking software for windows running under VM fusion on a Macintosh with surprisingly good results, There should be plenty of very practical applications for this tool in teaching and research so I look forward to the improved quality as the system gets to know my voice even more intimately., so any typographical errors that appear in my blog posts can be put down to the speech recognition software not quite getting it right

Tuesday, June 1, 2010

Another development in the CSIRO Wi Fi Patent

Looks like more to come with Verizon Wireless, AT&T, T-Mobile, Lenovo, Sony and Acer all on the list be receiving some correspondence on behalf of CSIRO.

Wednesday, April 28, 2010

Tuesday, April 20, 2010

Send an email - have it appear on Twitter

I'm convinced that email is the ultimate web tool. Well, search is up there too of course.

Anyway, here are a couple of options for getting updates to Twitter, just by sending an email.

I love being able to post to my blog by simply sending an email - Blogger offers this functionality.

Very practical for sending quick updates from mobiles etc.

Your favourite teacher

Most of us have one, and chances are that special person has no idea how important he or she really was.

Tonight on Insight, find out what makes a great teacher, and hear Julia Gillard and Shaun Micallef talk about theirs.

Tuesday 20 April 2010
Repeated Friday 23 April, 1:30pm and Monday 26 April, 3:30pm

Thanks Mathews Thomas for the heads up.

Thursday, April 15, 2010

Creating an RSS feed for posts with a particular tag

Does that heading make sense?

Here's the example, my blog contains posts on a number of topics, primarily links to current events relevant to my teaching areas, these posts are made with students in mind.

I also post tips,links and opinions relevant to and intended for other academics - typically around the use of technology in teaching.

Being able to offer separate RSS feeds, based on the tags I apply to posts would be useful, so any subscribers to RSS feeds from the blog would not receive feeds for subjects not of interest.

After a bit searching and reviewing web resources, the link below was the most straightforward and very simple. This information relates to Blogger, the specifics of how to do this with other blog providers will no doubt be lurking elsewhere online.

So if anyone wants a feed only from my blog only containing 'Teaching & Learning' posts, here it is:


Wednesday, April 14, 2010

Second Life in Education

Some of my VLE colleagues might be interested in Melissa De Zwart's work with Second Life.

A podcast here: (Episode 5)

A presentation here:

Melissa was formerly at Monash and is now at Uni SA.

She blogs at:

Google employees receive suspended prison terms in Italy

as a result of decision over the profit the company made from bullying video:

Monday, April 12, 2010

Happy Birthday Copyright

Research considering first year approaches including use of 'podcasts'

The report from this research, conducted by the Centre for the Study of Higher Education at the University of Melbourne is available for download here:

This research makes a very meaningful contribution, as it is:

- Australian
- Current
- Empirically sound

The findings probably generally align with the anecdotal observations of many lecturers.

It was interesting to note that the survey found, as have I, that international students tended to make more use of online resources and lecture recordings etc.

One of my colleagues was mentioned in an article in The Age today as being one opposed to the audio recording of lectures:

Monash's move to introduce integrated audio and video recording facilities was also mentioned. I do not lecture in any rooms where this equipment has been installed, but have seem a demo of the technology and it seems to function well and create file sizes that are not too much larger than audio only lecture recordings.

It remains to be seen whether students prefer integrated audio/video (the 'video' is typically lecture slides rather than the 'talking head' of the lecturer) that requires dedicated involvement, or whether the flexibility offered by audio only is preferred, as it enables students to listen as they travel, exercise etc.

The other point to be made is that the distinction between 'podcasts' and complete audio recordings of lectures is often not clearly made - but this is very important distinction.

Comprehensive guide to podcasting for academics

From the University of Wisconsin

One particular aspect that this site mentions is the need to plan how to integrate podcasts into course content and learning activities and outcome. They suggest that if podcasts are merely an optional extra resource, most students will not listen to them.

From my observations, it is generally students that fit one of two profiles that make more use of podcasts (and probably most other 'additional' resources that academics put extra time and energy into), these students tend to be those that might be struggling (often international students overcoming the challenge of learning in a non-native tongue) and committed, engaged students.

Upon reflection, with my podcasts, I probably do not do enough to make my podcasts part of a required learning activity instead of an ancillary content resource.

More thought and development in this area would hopefully lead to more students 'fitting under the main body of the bell curve' using these and other resources.

Sunday, April 11, 2010

Nutrientwater passing off / s 52 case

I recall this passing off/s52 case may have been discussed in the Marketing Law lecture recently.

The judgement is available here:

A brief summary from Mallesons, here:

Friday, April 9, 2010

A good overview introduction to

If anyone primarily uses a blog to keep their link collection together online - this might be an option.

Thursday, April 8, 2010

Strange bedfellows...

Not sure about the merits of Law, Education, Languages, Music etc being grouped together into a 'super faculty'

Wednesday, April 7, 2010

Details of the changes to the Trade Practices Act just passed by Parliament;query=Id:%22legislation%2Fbillhome%2Fr4154%22

There are some other good materials for business on the ACCC website:

and as usual with significant legislative change, many commercial law firms make very useful summaries / overviews freely available on their website, eg:

Wednesday, March 24, 2010

A spare five mintues....

A colleague in the Department of Marketing, here at Monash, is conducting some research into consumer attitudes and behaviour relating to recycling.

Update - Mars loses Maltesers appeal

Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCAFC 174

Mars (the makers of Maltesers) unsuccessfully bought an action against Sweet Rewards alleging trade mark infringement, passing off and misleading and deceptive conduct in relation to Sweet Rewards "Malt Balls" product, that are sold in red and orange jars with a get-up that Mars claimed to be similar to their "Maltesers" chocolates.

The appeal court upheld the original decision.

A good summary of the decisions can be seen on the Norton Rose website:

Trial over alleged fake paintings

This case, currently being heard in the Supreme Court of Victoria, is an good example for students as to the overlap between law, and the reasons a plaintiff may have for bringing an action under a particular area of law.

This is a reminder for students to vigilant and thorough in reviewing and responding to exam questions.

Moral Rights under the Copyright could apply to these facts in addition to the Misleading and Deceptive Conduct provisions of the Fair Trading Act that are being argued.

There is a brief (but more thorough than the popular press will provide) overview of the case on the Davies Collison Cave website here:

Good resource for using RSS in education

Monday, March 22, 2010

Some resources on 'Green' marketing

ACCC presentation to an industry group.

An ACCC publication for business

VECCI guidelines for businesses in realtion to green marketing

Friday, March 19, 2010

New Feature in Google Wave

a new option has appeared in the left menu, "Extensions", and it adds a variety of tools like Mind Maps, Likey (+1), Y/N/Maybe (quick poll), Napkin (drawing), Pollo (surveys), highlights and video chat. If you don't reply in the Wave, but instead just edit it like a document/wiki, you actually have a "live" doc. Unlike Google Docs, you can see the other people making changes to the doc in real-time, ie. character by character - along with a tag showing who is doing what

thanks to Nathan Bailey for this tip

Wednesday, March 17, 2010

Ads on Google Map

News reports today, including this one

about 'new' ads in Google maps

This seems to new for users in Australia, but Google have been monetizing their maps offering in other markets for some time.

Team based learning

I had the privilege of spending some time with Dr Larry Michaelsen from University of Central Missouri on the weekend.

He took me through some of his work on team based learning.

Some very powerful material and compelling research.

The Simpsons IS a documentary

Real life Edna Krabappel?

Tuesday, March 16, 2010

Life imitating Art in a Competition Law Setting

Against the backdrop of an ACCC report last week dealing with, among other issues, airport parking monopolies, this story in The Age today is reminiscent of that great Australian legal film, The Castle.

What a great story and a great way to spend retirement.

Artificially uncompetitive environments (taxis and parking) mean than for some domestic flights from Melbourne (and other Australian airports), the costs of getting to and from the airport (parking/taxis) exceed the air travel costs.

This seems a poignant example of why competition is required.

A number of sources reporting Google likely to exit China

UK advertising association recommends the extension of the non-broadcast Advertising Code

Suggesting that the Code should also be used to regulate companies' marketing communications on their own websites, and other non-paid for space online, such as brand activity on social networking

Australia not quite an enemy of the internet

But we are under surveillance

Monday, March 15, 2010

More coverage of Apple i trade marks

This article suggests Apple previously had a 'monopoly' over 'i' - not sure that was exactly the case, but obviously this decision will not make it easier for Apple to enforce the rights they do have.


Despite the provisions in s129 of our Trade Marks Act dealing with groundless threats of legal proceedings, it will often be far from clear whether such are threats are groundless and the costs in 'David and Goliath' scenarios for the alleged infringer to either defend an infringement action or seek a declaration under s129 will often, in practical terms have the effect desired by the 'Goliath'.

Wednesday, March 10, 2010

​New tool for advertisers on the Google Content Network

Not sure if brand advertisers, who typically use display ads to raise awareness and purchase consideration for a product or service, rather than seeking immediate clicks, may be more likely to use others trade marks as keywords?

Monday, March 1, 2010

Some interesting perspectives in this article on starting at Uni

It is my view that many (most?) senior decision makers at the universities need to continue the mantra that research is pre-eminent, due to the nature of government funding.

Regrettably this can lead to staff being used in teaching roles based on their research efforts, obviously being a good researcher does not necessarily make one an engaging and effective teacher. Often the inverse may be true, the characteristics that make one a good researcher, may make them less likely to be a great teacher.

Copyright owners appeal the iiNet decision

Facebook obtains US patent for news feed

The patent was granted on 23 February, and can be seen in full here:

Some news coverage and reader comments here:

Thursday, February 18, 2010

Monday, February 15, 2010

only 24%?

based on my 'anecdotal empiricism' I might have thought this would be higher

Thursday, January 28, 2010