Law and technology

More on NZ’s proposed software patent ban

Computerworld and Slashdot cover the Select Committee proposal for a ban on software patents in New Zealand.

Meanwhile, the United States Supreme Court is expected to rule soon on the ‘Bilski‘ case on whether software and business methods are patentable in the US.

Novell defeats SCO

A jury has ruled that Novell owns copyright in the Unix operating system, defeating SCO in a long running battle over the ownership of Unix.

Website “authorised” copyright infringment

The English High Court has ruled that Newzbin, a UK-based usenet indexing site, is liable for “authorising” copyright infringement.  The judge said (emphasis added):

I have found that [Newzbin] well knows that it is making available to its premium members infringing copies of films… It operates a site which is designed and intended to make infringing copies of films readily available to its premium members. The site is structured in such a way as to promote such infringement by guiding the premium members to infringing copies of their choice and then providing them with the means to download those infringing copies.

Central to the ruling is the judge’s view that there was active assistance, and even encouragement, of copyright infringement. These findings contrast with the recent iiNet ruling in Australia. Both cases highlight the importance of the ISP /website being very careful not to be seen as authorising or promoting infringing behaviour, and having appropriate policies in place.

Newzbin is considering an appeal.

Computerised medial record privacy concerns

Leading New Zealand software developer Orion Health is pushing for more progress on computerised medical records, as computerisation of medial data is gathering pace around the world, particularly in the US where President Obama campaigned on it. At the same time, serious privacy concerns are being raised. Medical / health information is the key area where privacy law will probably most keep up with developments in technology, and is already reasonably advanced in New Zealand.