Dear <SALUTATION>,

Welcome to the May edition of Simpson Grierson's x-tech ezine.

We have 3 articles for this issue. In our first article, Reversing Software Rights in the Copyright Act, Jenny Te and Karen Ngan examine the proposed rights and restrictions on software users in the Bill in respect of copying, decompiling and reverse engineering software programs.

In our second article, Matt Smith, and Simon Vannini look at the Spam Act which comes into force on 5 September this year. While this may seem a positive step, the Spam Act does impose various requirements on senders of electronic messages that are likely to have a significant impact on many business organisations. Is your business ready?

And in the final article, Top Tips for Escrow Arrangements, Mike Sage and Simon Vannini outlines what a software escrow arrangement involves and the types of situations in which the release of source code and materials to the licensee from escrow may be appropriate.

As always, please let us know if there is a topic you'd like to see covered in the ezine and feel free to forward this ezine to friends or colleagues. If you're not on the distribution list – why not sign up?

Regards,

Simpson Grierson's x-tech Group

The Unsolicited Electronic Messages Act 2007 ("Spam Act") will come into force on 5 September this year. This legislation represents New Zealand's contribution to a global movement towards preventing spam, bringing us into line with other jurisdictions such as the UK and Australia. While this may be seen as a positive step, the Spam Act does impose various requirements on senders of commercial electronic messages that are likely to have a significant impact on many business organisations. Businesses will need to implement changes and systems prior to 5 September 2007 to ensure that they are compliant when the Spam Act comes into force.

When acquiring software, or equipment that relies on software for its operation, a key issue for a licensee to consider is the protection they can obtain against the licensor being unable to provide them with the agreed levels of software support and maintenance.

In some cases, it is appropriate for a licensee to be able to access the source code and relevant materials for the software, under a software escrow arrangement.

This article outlines what a software escrow arrangement involves and the types of situations in which the release of source code and materials to the licensee from escrow may be appropriate.

In New Zealand, domain name registration is on a first come-first served basis, so if the name is available you are able to register it. However, if the domain name is identical or similar to a popular brand you may risk infringing registered trade marks or other rights that the owner of the brand has in that market. If the domain name has nothing to do with your own business or products, and is simply being used to misdirect customers the risks of infringement will increase.

Answered by Earl Gray