TMT News aims to provide our clients with a comprehensive overview and comment on interesting developments from across the telecommunications, media and technology fields.

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In the last 12 months or so, online virtual worlds have attracted a great deal of attention in the mainstream press. So why do people bother? Why are so many businesses, governments and educational institutions joining them? And what legal exposures do individuals and others face in this weird and wonderful virtual world? This article will explore these questions.

The fundamental importance of technology to modern business means that a business may be exposed to significant losses should its technology fail – even where a failure is short term.

In Mark Forytarz and Paul Castran v Google Australia Pty ltd and Destra Corporation Ltd, a case that could set a precedent for liability on the internet under Australia's new uniform defamation laws, two Melbourne real estate agents have sued Google Australia in the Victorian Supreme Court over allegedly defamatory statements posted by Neil Jenman on his blogsite and accessible via Google's search engine. The plaintiffs have also sued Destra Corporation Ltd, claiming it was the host of the blogsite.

Negotiating multiparty research agreements can be challenging. We suggest some strategies for making this process less painful for all concerned.

Critical to the successful delivery of major IT projects is having sound governance practices. Here’s some more of what not to do – our recipe for poor IT project governance.

What are the contractual obligations relating to termination of an agreement where one party has breached that agreement, and has failed to remedy that breach within the specified timeframe for remedy?

The recent case of Smythe v Thomas is the first time an Australian court has considered the contractual enforceability of an eBay auction between buyer and seller.

With 2008 upon us, the time has come to review our predictions for 2007 – and make some new ones for 2008.

A well-drafted escrow agreement can form an important component of the risk mitigation strategies used in information technology contracts. This article examines some of the key issues that should be addressed in order to establish an effective escrow arrangement.

The Federal Court's eagerly anticipated decision in Nine Network Australia Pty Ltd v IceTV Pty Ltd reaffirms the existing law relating to copyright in compilations, and clarifies the concept of what constitutes a reproduction of a substantial part of a compilation.

The Australian Government has responded to the recommendations made by the Advisory Council on Intellectual Property by agreeing to amend the Patents Act 1990. The objective of these amendments is to create a more certain legal environment, in which both owners and users of patents have a better understanding of their respective rights and obligations, and researchers may engage in innovation with less fear of litigation.

If you export encryption or other information security material you may need to keep in mind Australia's obligations under an international arms convention. We discuss international export and security controls, and the Australian licensing regime.

The retention and destruction of documents has never been more important in the digital age, with various laws governing the actions of your organisation.

The Vienna Convention provides a standard set of rules for the formation and interpretation of contracts for the sale of goods between parties located in different countries. Enacted into Australian law, we discuss its significance and key provisions.

Following the Full Federal Court decision in Cooper v Universal Music Australia Pty Ltd (2006), website operators and their hosting internet service providers may have to think twice before allowing deep links to content on their websites that may infringe the intellectual property rights of others.

The final version of the SourceIT model contracts and user notes were released by the Department of Finance and Administration on Monday 28 May 2007. They replace the GITC4 contracts as the model contracts for simple Government information and communications technology (ICT) procurement.

How will 2007 unfold in the technology industry? Read our experts' predictions for 3G, convergence and divergence in PC chipsets, DVD, VoIP, the long-awaited Windows Vista and the ongoing Apple v Sony gadget wars.

Every technology contract carries with it a degree of financial risk. This article considers some of the key contractual mechanisms used to address financial risks including bank guarantees, performance guarantees, insurance, milestone payments, liquidated damages and liability caps.

The Copyright Amendment Act 2006, which came into effect on 1 January 2007, made good on Australia's obligation, under the Australia-US Free Trade Agreement, to introduce stronger protection of technological protection measures.

In Australia certain terms are implied into consumer contracts by various state and federal legislation. The Australian Competition and Consumer Commission has turned its attention to how companies are addressing the implied terms in their contracts so technology companies need to ensure that their contracts comply with the key federal legislation, being the Trade Practices Act 1974 (Cth).

A recent Finance Circular has clarified the Federal Government's new policy for Information and Communications Technology (ICT) Contracts which requires suppliers' liability to be capped at appropriate levels.

Having previously shown how easy it is to run IT projects off the rails or mess up the tendering process, here – for the diehards – are 10 techniques for IT governance guaranteed to cause mayhem in any organisation.

Web advertising, VoIP, the gaming wars and gadgets, glorious gadgets! How has the tech landscape changed in 2006? We measure the success of our crystal ball-gazing from earlier in the year.

Most contracts contain a series of 'General' or 'Miscellaneous' clauses which are often overlooked during negotiations. Failing to review them in the context of each deal can be dangerous.

What is a termination for convenience clause? When, why and how to use them in commercial contracts.

In the US and Australia, the issue of journalistic privilege is at the forefront of public consciousness following several high profile cases where journalists have been compelled to reveal their sources.

An overview of when and how to terminate a contract, the consequences of termination and the risks involved with incorrect termination.

The circumstances in which the use of trade marks on the internet will infringe the rights of trade mark owners in Australia was addressed recently by the Australian Federal Court in Ward Group Pty Ltd v Brodie & Stone PLC.

The introduction of Google’s new desktop feature, ‘Search Across Computers’ (SAC), raises some interesting security and privacy issues. Businesses that are not familiar with this feature may not fully appreciate the risks of SAC.

A company making deep links on its website must take care to minimise the risk of claims against it.

Liquidated damages can operate as a risk management tool for customers and suppliers of technology alike.

Smarter internet advertising, major growth in internet telephony, camera phones and other groovy multifunction portable gadgets, plus the odd console war will make for an interesting year in technology...

A wide range of financial services companies and associated businesses will need to implement significant additional record-keeping measures to comply with new Anti-Money Laundering (AML) and Counter-Terrorism Funding (CTF) laws released in December 2005.

Here are 10 sure ways to mess up your tender process.