Previous issues:

Standard vendor software licence and support terms often contain onerous restrictions, limitations s and exclusions. Customers  should carefully consider these terms in light of the importance of the software to their business.

Australian Government's legislation for its greenhouse gas emissions trading system is likely to have a significant impact on many providers and customers of outsourcing services. Parties who are negotiating new contracts who are already party to existing outsourcing arrangements may need to review those arrangements carefully.

Mobile phone providers must exercise caution when offering free incentives to potential consumers of their products. If similar products are also offered at a lower price but without the freebies, the provider may find it receives the unwanted attention of the Australian Competition and Consumer Commission.

As the global economy continues to battle recession and government and industry stakeholders focus on the task of rebuilding business confidence, we consider the seven deadly sins of recession.

Media organisations and journalists will now need to be more cautious when entering into contracts with third parties for interviews and information following the decision of the High Court in ACCC v Seven Network.

The Australian Government is currently considering submissions made on the exposure draft the Freedom of Information Amendment (Reform) Bill 2009. If passed in its current or similar form, service providers who contract with the Commonwealth, may need to give consideration to managing the practical implications of the legislation such as ensuring that they identify, and make agencies aware of, documents that contain confidential material.

A recent decision in the United States has been widely criticised as creating renewed uncertainty for business method and software patents. The decision may increase the reluctance of software vendors and licensors to provide warranties on the validity of patents or patent applications relating to their software.

In the last twelve months, the hype surrounding cloud computing has intensified. Spurred by the growth of cloud services such as Google Apps, Salesforce.com and Amazon’s EC2, many technology and business leaders are touting cloud computing as a new computing paradigm that will revolutionise the way businesses, governments and individuals use information technology.

Symantec's recent Report on the Underground Economy estimates that, between July 2007 and June 2008, US$276 million worth of identity-related information was traded over the internet. However, existing laws in the Commonwealth and most States and Territories in Australia do not cover the broad spectrum of identity crime-related activities

The Nine Network lost a High Court battle to protect its television programming guide in the decision of IceTV Pty Ltd v Nine Network handed down on 22 April. The decision ends a three-year fight between digital media company IceTV and the Nine Network which claimed the company had breached its copyright by compiling an electronic program guide.

With 2009 (and some interesting economic times) upon us, the time has come to review our predictions for 2008, and make some bold new predictions for 2009.

Two recent cases in the Federal Court have reaffirmed the protection offered to media organisations by section 65A of the Trade Practices Act 1974 (Cth) (TPA), which exempts the media from the application of the consumer protection provisions in Division 1 of Part V of the TPA, including section 52 which relates to misleading and deceptive conduct.

In Giller v Procopets [2008] VSCA 236 (10 December 2008), the Victorian Court of Appeal considered whether the defendant’s disclosure to third parties of a videotape that depicted sexual activity between the plaintiff and the defendant constituted breach of confidence, intentional infliction of emotional harm or an invasion of privacy.

The Federal Government is currently taking submissions on proposed amendments to the State and Territory Electronic Transaction Acts (ETAs).  The amendments will incorporate components of the United Nations Convention on the Use of Electronic Communications in International Contracts (Convention) to bring Australia's current electronic contracting regime in line with international standards.  Eighteen countries are currently party to the Convention including China, Australia's largest trading partner.

In August 2008, the Australian Law Reform Commission (ALRC) issued a 2700 page report, For Your Information: Australian Privacy Law and Practice (the Report), which makes 295 recommendations. One of the recommendations is likely to impact significantly on how companies manage information and data breaches.

It is a common misconception that arbitration is only suitable for particular kinds of cases, such as building disputes.  It is also sometimes confused with other forms of non-binding dispute resolution such as mediation. However, arbitration is an effective and binding means of resolving disputes of any kind,  and in the international context, this is especially so.

Over the past few months, the New South Wales Supreme Court has become the battle ground for the first string of defamation claims to be heard under the uniform Defamation Act. Yet, in some ways, the cases have raised more questions about the new legislation than they have answered.

It is well known that many technology companies have 'thin' balance sheets and, with the credit crisis really starting to bite, many suppliers in the industry will find it increasingly difficult to access working capital. So what can be done? Take a more proactive approach and consult our checklist for some useful strategies.

To gain the full value of these types of contracts the customer needs to consider a number of fundamental issues including transitioning from existing suppliers, competitive pricing, contract management and governance avoiding lock-ins, building in flexibility and clarifying roles and responsibilities.

You’ve somehow made it through the tender process, but your mission-critical IT project stubbornly refuses to run off the rails. Don’t panic! If your project involves significant organisational change, here are 10 sure ways to consign the project to its doom, and maybe even take your organisation with it.

IT departments are among the largest consumers of energy in the corporate landscape, and with many technology users and manufacturers adopting more environmentally sustainable approaches to using, producing, transporting and disposing of technology, green IT is now firmly on the regulatory, corporate and consumer agenda.

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.

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.

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.