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IT & Software Development Articles
RACV Insurance Pty Ltd v Unisys Australia Pty Ltd 2004
Software developers need to be mindful to ensure that statements made in precontractual negotiations (and during iterative development processes) regarding the likely performance and functionality of systems are not misleading and deceptive. Particular care should be taken to ensure that representations made whilst collaborating using development methodologies such as rapid application development > Read More
The Unisys case – misleading and deceptive conduct – lessons for software developers in the iterative development age
Software developers need to be mindful to ensure that statements made in precontractual negotiations (and during iterative development processes) regarding the likely performance and functionality of systems are not misleading and deceptive. Particular care should be taken to ensure that representations made whilst collaborating using development methodologies such as rapid application development > Read More
.com.au domain name eligibility criteria
Regulatory framework In Australia, the organisation that administers the domain name regime is .au Domain Administration Ltd (auDA). The Commonwealth Government holds reserve powers to regulate domain names under the Telecommunications Act 1997 (Cth). The auDA also accredits and regulates Australian domain name registrars. No property in a domain name There are > Read More
Negotiating liability issues in software development agreements
For Software Development Agreements (Agreements) that involve mission critical systems or high volume transaction websites the software owner or user (Client) may face significant losses in the event of interruption or catastrophic failure of the system. These losses may be disproportionately high when contrasted to the fees that the Software Developer (Developer) > Read More
Issues for consideration in drafting software development agreements
Software Development Agreements (Agreements) are unique. In principle, they are not dissimilar to construction contracts, although clear issues arise that are unique to the information technology industry. Broadly speaking the issues that both Software Developers (Developers) and purchasers of programming services (Clients) should consider can be categorised into the following non exhaustive > Read More
Working in the Cloud – should I be worried legally?
Cloud computing I recently had the opportunity of hearing a presentation about “working in the cloud”- at Barcamp Brisbane in other words using internet websites as applications and not needing to load software such as wordprocessing or spreadsheets onto a computer. According to Wikipedia the term cloud is used as a metaphor > Read More
Are the terms and conditions on your website binding on users?
The general rule is that terms and conditions are incorporated into a contract if a party has done all that is reasonable to bring the proposed terms and conditions to the attention of the other party at the time of the transaction. How does this apply to internet transactions? “Click Through” or > Read More
Is there a safe harbour for user generated content and operators of Web 2.0 sites in Australia?
The aim of Australia’s safe harbour scheme for copyright infringement as contained in Division 2AA of the Copyright Act 1968 (Cth) (Act) is to ensure that carriage service providers (CSP’s) who take reasonable measures to limit and deter copyright infringement are able to attract the benefit of reduced liability for copyright infringement > Read More
Call for submissions on second level domain names (2LDs) by auDA.
auDA, the body that manages Australia’s domain name system, has invited people to submit proposals for the creation of new 2LDs in the .au domain space. Applications close 30 November 2009. Assessment criteria Example 2LD’s auDA created community community geographic 2LDs in 2006 – for example bribieislandnorth.qld.au. These domain names are available > Read More
Flight Centre v Datalex – alleged contract breach – software developers
Flight Centre Limited (Flighties) and its South African subsidiary have brought an action in the Supreme Court of Queensland alleging misleading and deceptive conduct and breach of contract in relation to a software development contract. In its 53 page Claim Flighties outlined their argument for more than $USD14 Million in damages associated > Read More
Datalex denies allegations denied by Flight Centre
Datalex plc (Datalex) in a Notice Provided to Shareholders has denied the allegations made by Flight Centre Limited (Flighties) in the Supreme Court of Queensland. The claim filed by Flighties on 4 November 2009 alleges misleading and deceptive conduct and breach of contract in relation to a software development contract. Datalex, in > Read More
Online Businesses – What Must Be Done When You’ve Been Hacked?
In 2008, the Australian Law Reform Commission published a report on Australia’s privacy legislation and recommended, amongst other things, that amendments should be made to establish a mandatory notification regime for organisations subject to possible breaches. The Privacy Act 1988 (Cth) as it currently stands does not require notification for data breaches. > Read More
