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Welcome to the October edition of Simpson Grierson's xtech ezine.
Contents October 2006

Email, as a primary tool of communication, is convenient, easily accessible and has become an integral part of the way we conduct business. Businesses need to be aware however that a quick email fired off without qualification in response to what appears to be a simple question could have unintended consequences. Our first article this month looks at a recent case that highlights the need for commercial awareness.

Most would agree that regulation of spam would undoubtedly be a good thing. The growth of unsolicited electronic messages, or "spam", has been a major problem worldwide for both individuals and organisations. The Commerce Select Committee has now reported back on the draft Spam Bill and has recommended a number of reasonably significant amendments which we look at in this month's second article. The Bill is likely to be enacted late 2006 / early 2007 and businesses should be aware of the possible implications of the new legislation on their business marketing activities.

Finally, we provide an overview of the background and key aspects of the Telecommunications Amendment Bill 2006, which is likely to be remembered not only for the potentially significant changes it proposes for the telecommunications industry, not least of which is local loop unbundling, but also the controversy surrounding its introduction due to the leaking of a confidential cabinet paper to Telecom.

Also included in this edition is detail of an upcoming webinar hosted by an associate firm of Simpson Grierson's in the U.S. This very-early-morning online seminar looks to provide a step-by-step guide to attracting institutional investors to venture capital and private equity funds.

As always - please let us know if there's 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

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Simpson Grierson's technology group provides suppliers and users of technology with specialist legal advice on information technology, intellectual property, telecommunications, biotechnology and the commercialisation of technology.

To contact us or if you would like to receive a list of all previous x-tech articles, or a hard copy of any articles please email x-tech@simpsongrierson.com or phone Clinton Swan on +64 9 977 5339

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Note: The information provided in this ezine and the articles referred to or accessible through it are intended to provide general information only. This information is not intended to constitute expert or professional advice and should not be relied upon as such. Specialist legal advice should always be sought for your particular circumstances.

Commercial Contracts / ICT and E-Business: E-greements – Have Your Emails Got You in a Bind?
Although email has become a critical business tool for communication, the repercussions of the casual use of email has been highlighted in the case of Tempus Fugit Systems Ltd v Team Progress Ltd. The High Court found that a contract created by an exchange of emails between the parties was legally enforceable and binding and dismissed Tempus Fugit's claim that the terms of the contract had not been agreed upon.
Click here for the full article Written by Jenny Te and Karen Ngan
IT / Upcoming Legislation: Spam Bill One Step Closer to Becoming Law
This article highlights some of the key changes that the Commerce Select Committee has recently recommended be made to the Unsolicited Electronic Messages Bill introduced earlier this year.
Click here for the full article Written by Marc Cropper and Karen Ngan
Telecommunications / Upcoming Legislation: Telecommunications Amendment Bill 2006
The Telecommunications Amendment Bill 2006 was introduced amidst controversial circumstances in May when a confidential cabinet paper was leaked to Telecom. It has attracted much debate and attention since then and is currently at select committee stage. In this article we summarise the background to, and the key aspects of, the Bill.
Click here for the full article Written by Mark Hargreaves, Charlotte Corry and Karen Ngan
Items of interest

Renewal of Cellular Rights – Invitation to Make Cross Submissions

The Ministry of Economic Development has recently published submissions received in relation to its July 2006 discussion paper on the “Renewal of management rights for cellular services”.

A stakeholder has expressed interest in providing a cross-submission to the Ministry on the quantity of spectrum necessary to operate a cellular network. (see issues 1.1, 1.2 and 1.3 of the discussion paper), specifically:

  • the optimal quantity of spectrum that is required by the current management right holders in the 800 MHz and 900 MHz bands over the period 2011-2031; and

  • the optimal quantity of 800 MHz or 900 MHz spectrum that a new entrant would require in these bands to operate a nationwide cellular network over the period 2011-2031.

The Ministry has now invited all interested parties to make cross submissions on use of the spectrum, with the period for cross submissions closing on 13 October 2006. For further information, please view the Ministry's website.

Fundraising Workshop: A Step-by-Step Guide to Successfully Raising Money from Institutional Limited Partners

Simpson Grierson has extensive global legal network connections. One such connection is with renowned US law firm Wilmer Hale. Wilmer Hale is exceptionally well known for expertise relating to biotechnology and emerging technologies. This interactive on line workshop will provide a step-by-step guide to attracting investment from institutional investors to venture capital and private equity funds. The speakers will focus on the process of raising funds, covering matters from creating investor presentations to the terms which institutional investors are most focused on today.

Date: Wednesday, Oct 18, 2006 11:30 AM (EDT)
[Note: New Zealand time: Thursday, 19 October 2006 at 4:30am]

Click here to register.

Question of the Month
Q: Is online gambling prohibited in New Zealand?
A: The Gambling Act 2003 prohibits "remote interactive gambling", which includes online gaming, in New Zealand with a limited exception for the New Zealand Racing Board or the New Zealand Lotteries Commission. However, remote interactive gambling does not include, and the Gambling Act 2003 does not prohibit, gambling by a person in New Zealand conducted by a gambling operator located outside New Zealand.
Answered by Jonathan Lewin
Related article: Chips Down for US Online Gaming Sites

Stop Press: The US Internet Gambling Act has now received final congressional approval and has passed to President George W. Bush to sign into Law (2 October 2006). See local coverage here.

x-tech Recent Industry Updates
Information Technology and E-Business
Telecommunications
Biotechnology/Life Sciences
Intellectual Property
Commercialising Technology

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