IT Supply Agreements and Prime Contractors
December 2005: IT suppliers will often tender on the basis that there is one prime contractor who will supply the complete solution only to introduce separate agreements with third parties later on during negotiations. Customers need to recognise the risks in accepting this approach and be aware of the options to minimise those risks...

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Tide Turning Against File Sharing
December 2005: Following the US Supreme Courts unanimous decision in MGM v Grokster, the Federal Court of Australia in Universal Music Australia Pty Ltd v Sharman License Holdings Ltd found Sharman Networks, the company responsible for the software that powers the Kazaa file sharing network, liable for copyright infringement. The result in the Kazaa case has been welcomed by the recording industry as another major victory in the fight against internet piracy and may place further pressure on file sharing networks to "go legitimate".

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Internet Governance: Which Way Now?
November 2005: The issue of who should govern the Internet is a hot topic with potential to result in a battle between the United States and the European Union. In a recent report, the Working Group on Internet Governance, a multi-national body established by the United Nations, put forward four potential future governance models which would remove control of the Internet from the United States.

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Sun rises for .EU Domain Names
November 2005: After five years of debate, the European Union is finally launching the .eu top level domain name, which is intended for use by individuals, organisations and companies within the European Union.

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Dude where's my email?
September 2005: With email and other electronic communications now becoming an integral part of the way we do business, knowing when and where electronic communications are received can be critical to determining when a contract is formed. The Electronic Transactions Act provides some guidance but organisations really need to consider their own operations and requirements to determine rules appropriate to their business.

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Legislating Against Spam - New Spam Bill Introduced to Parliment
September 2005: The much anticipated Unsolicited Electronic Messages Bill (Spam Bill) was introduced to Parliament in late July 2005. The Spam Bill implements the Government's decisions on the regulation of electronic messages and is intended to be part of a multi-tiered strategy to combat the growth of spam along with self-regulation in the form of industry codes of practice, education and awareness campaigns, improved technical measures and international co-operation. If enacted, the Spam Bill could have a significant impact on many organisations (particularly organisations engaged in direct marketing and internet service providers).

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IP Assets and Tax Depreciation Deductions – Proceed with Caution
September 2005: The Privy Council's December 2004 decision in Trustees in the CB Simkin Trust and the Trustees in the NC Simkin Trust v CIR warns IP owners of the need to exercise caution when claiming tax depreciation deductions for intangible property such as trade marks and software.

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Equipment supply contracts the ins and outs (PART 2)
August 2005: This article examines some additional specific issues which may arise in respect of more complex supply arrangements (for example, the supply and installation of specialised equipment), and the potential risks that you should be looking to avoid or mitigate.

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US Supreme Court rules against P2P file-sharing software providers
August 2005: Some twenty-one years since its landmark decision in Sony v Universal Studios, last month's unanimous decision of the US Supreme Court in MGM v Grokster has been heralded by the music and film studios as a major victory in their bid to prevent the unauthorised copying of their works over the Internet.

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Virtual Pyramids: Online pyramid selling and the Fair Trading Act 1986
July 2005: A recent decision of the Australian Federal Court highlights the application of consumer protection law to online businesses, and provides a timely reminder that unfair practices such as pyramid selling may still be caught by local laws even when websites are based offshore.

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New Zealand follows the UK in choosing a domain name dispute resolution process
July 2005: Internet NZ recently sought and received submissions about the possible adoption and implementation of a domain name dispute resolution procedure for the .nz domain in New Zealand. The Office of the Domain Name Commissioner considered the submissions, and on 18 May 2005, announced its decision to adopt and implement a procedure based upon the UK Nominet model.

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New Evidence Bill to provide greater clarification to evidence law & as it provides to e-commerce.
June 2005: A new Evidence Bill has recently been introduced to Parliament and is likely to clarify a number of areas of the law of evidence as it applies to evidence which is stored or generated electronically. This article summarises some of the key provisions of the Evidence Bill 2005 that are likely to be most relevant to the use of electronic evidence.

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New law prohibiting peeping (and filming) toms.
June 2005: People using mobile phone cameras to take intimate photographs of others without their knowledge could be jailed for up to 3 years if the Crimes (Intimate Covert Filming) Amendment Bill is enacted. The Bill, introduced on 12 April 2005, implements the criminal offence provisions recommended by the Law Commission last year in a study paper specifically commissioned by the Government for advice on legislative changes to address the growing problem of covert filming. The civil remedies recommended in the study paper will be provided for in a Privacy Amendment Bill which is currently being considered by the Government.

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Transitioning IT and IP Assets when Buying or Selling a Business – What not to overlook.
May 2005: This article explores some of the key issues that arise in the context of a business acquisition in relation to IT and IP assets that one or more of the parties may need to use before or after the transaction.

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Futureview - Creating and Sustaining a Competitive Advantage.
Following the successful presentation by Dr Rosabeth Moss Kanter in the inaugural University of Auckland New Hemisphere Speaker Series 2004, Simpson Grierson has once again partnered with the University's Business School to bring a world renowned expert to New Zealand. Daniel Burrus is considered one of the world's leading technology forecasters and business strategists - the New York Times recognised him as one of the top three "business gurus" in the world. Burrus, who amongst a number of successful companies, is the CEO of Burrus Research Associates Inc. presented to several hundred people on the latest technology-driven trends and strategies for creatively applying technology to develop new products, services and customer experience.

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Beware the Pitfalls of Copyright in Contracted Works
May 2005: As first published in IT Brief (April 2005). Hiring software developers as contractors is an attractive option for companies that are stretched to meet deadlines and need a short term, flexible solution. Both software developers and the companies hiring them should be aware, however, that there may be important practical consequences for copyright ownership in the resulting deliverables.

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Website Development Agreements
April 2005: Your website can be one of your most powerful marketing tools in terms of attracting and retaining customers. Your legal advisor can ensure you have the standard protections built into your website development agreement but there are a range of other issues to consider…

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Unsolicited Text Messages – Fighting Text Terrorism
April 2005: This article discusses the problems of "text bullying" and "text spamming" and considers recent measures taken by the Government and the industry to prevent them.

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Surfing the Net – On Whose Terms?
March 2005: Key points that your website terms of use should cover and why.

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Reserve Bank Proposes Limits to Outsourcing by Banks
March 2005: The Reserve Bank of New Zealand ("RBNZ") has recently released a consultation paper on its proposed outsourcing policy for systematically important banks, including ANZ National, ASB, BNZ and Westpac. If implemented in its current form, the proposed policy is likely to constrain significantly the ability of systemically important banks to outsource a wide range of IT systems.

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Buying an IT Services Business – Some Key Issues to Consider
February 2005: A review of some of the key commercial and legal terms for the purchase of any IT services business.

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Defamation on the Internet – New Zealand Court Follows Australian and English Suit
February 2005: New Zealand High Court follows English and Australian cases on a key jurisdictional issue relating to defamatory material published on the internet.

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Sales Promotion or Illegal Gambling - The Legality of Text Message Competitions
December 2004: The Gambling Act 1993 bans almost all forms of gambling using mobile phones. This article discusses the legality of text message competitions under the Gambling Act....

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Equipment Supply Contracts – The Ins and Outs
November 2004: If you rely on the timely supply of IT parts and equipment for your business (whether for yourself or for you to on-supply to an end user), you may want to negotiate a formal supply agreement with your supplier. In this article, we set out some of the key issues to consider in negotiating supply contracts in the context of IT equipment.

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Return to Sender – What to Do When Confidential Emails Are Sent to the Wrong Person
November 2004: Emails and the Internet allow virtually instantaneous worldwide communication, and scanned documents allow us to send large files around the world at the click of a mouse. However, like all technologies, the speed and convenience of email brings with it new dangers.

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Excusing Non-Performance in IT Agreements:
November 2004:  This article discusses the use of force majeure clauses in IT agreements, and identifies some key questions parties should consider when negotiating such clauses.

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Saving for the Future: Record Keeping Under the Public Records Bill
October 2004: This article outlines the key requirements proposed by the Public Records Bill and some important considerations for public offices and local authorities to bear in mind when implementing and/or developing electronic archiving systems.

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Selling Data: Some Issues to Consider
September 2004:  Selling data is typically a fairly complex business and there are number of issues to consider and address in data supply agreements.  We identify some of the key issues and look at some different ways of addressing them.

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What is Your Website's Policy on Privacy?
September 2004: This article outlines the Privacy Act requirements which must be complied with if your business operates a website which collects personal information from individuals.

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Draft Digital Strategy for New Zealand
August 2004: The Government has recently released a draft Digital Strategy document relating to information and communication technology ("ICT") in New Zealand.

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Legislating Against Spam - The Government Takes Steps to Can Spam
August 2004:  Legislating against Spam discussion document.

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Collaboration and Technology Sharing
August 2004:  You own your technology, or you're licensed to use it, but can you allow your partners and service providers to use it?  Or give them information about it?  Not necessarily.

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June 2004:  The use of emails as evidence in court proceedings and email document retention policies.

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"I Accept": Online Signatures and the Waiver or Transfer of Rights Under Online Terms and Conditions
May 2004:  Caution is needed if the transfer or waiver of certain rights are included in online terms and conditions, especially where such terms are accepted or agreed to by the internet user with merely the click of an "I accept" button.

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Microsoft Settles Long-Standing Legal Disputes
May 2004:  Microsoft settles long-standing legal disputes with Sun Microsystems and InterTrust Technologies.

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If You Don't Spec It, You May Not Get It
May 2004:  The importance of system specifications to IT systems supply contracts and things to bear in mind from a contractual perspective.

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Effective IT Scoping Agreements
April 2004:  The nature and content of scoping agreements along with the key issues and practical matters to be addressed to ensure their effectiveness.

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Disengagement from IT Contracts – Issues for Consideration Up Front
April 2004:  Issues surrounding disengagement from IT contracts – disengagement scenarios and disengagement provisions.

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Managing Change in IT Agreements
March 2004:  Managing change in IT agreements and some key issues to consider.

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Calling All Telemarketers - Knowing When Not to Call
February 2004:  New Zealand does not have a National Do Not Call Register but telemarketers are required to comply with privacy   laws which provide individuals with some protection from unsolicited calls.

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IT Service Providers and Their Subcontractors - Contractual Protections for the Customer
February 2004:  Risks associated with subcontracting in IT projects, and the types of provisions that can be included in IT contracts to protect the customer

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Censorship Law in the Spotlight
February 2004:  Department of Internal Affairs v David Alan Young and the Films, Videos and Publications Classification Amendment Bill - Toughening up on internet offenders

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Amazon One Click from Patent Monopoly
December 2003:  Amazon seeks a New Zealand patent over its "One-Click" ordering technology.

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Government IT&T Procurement: What are the Special Rules?
November 2003:  Rules and guidelines for Government IT&T procurement projects.

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Gambling for a Good Cause: Internet Gambling Under the Gambling Act 2003
November 2003:  The law on gambling on the internet.

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New Anti-Hacking Law
September 2003:  The Crimes Amendment Act 2003 – New crimes involving computers and the unauthorised interception of electronic data.

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IT Projects - 10 Steps for Avoiding the Pitfalls
September 2003:  Ten steps to planning, developing and implementing an information technology project plan.

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Case Study: SCO - IBM Open Source Software Dispute
August 2003:  Open source software - the SCO and IBM dispute.

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Licensing Liberties - The Great Debate: Should ISPs be Licensed?
August 2003:  Should Internet Service Providers be licensed – The Select Committee's considerations and recommendations.

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Top 10 Checklist for Varying IT Contracts
August 2003:  Ten issues to consider when varying an IT contract.

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Internet Defamation Update - UK Court Applies Controversial Australian Decision
July 2003:  Internet Defamation - English court rejects US 'Single Publication' rule and follows Australian decision.

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Effective IT Service Level Agreements
June 2003:  Issues surrounding IT service level agreements.

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Electronic Transactions Act - One Step Closer
June 2003:  The Electronic Transactions Act 2002 nearing completion.

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Buying Content For New Technology Platforms - Top 10 Issues
May 2003:  Ten issues to consider when buying content for technology platforms.

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E-Government Update
April 2003:  Update on New Zealand's e-government strategy. 

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So You Want to Be a Blogger?
April 2003:  Blogs - What they are and how to protect them.

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"But You Said it Would" - IT Procurement and The Fair Trading Act
April 2003:  Issues surrounding vendor representatives when giving IT solutions - Issues to consider.  

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Enforcing Online Clickwrap Contracts
March 2003:  Developments in US on-line contracting. 

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Escrow Agreements - Why Bother?
February 2003:  Software escrow agreement - Providing a form of security for the software user.

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Minimising the Cost of Price Mistakes
February 2003:  Amazon decision highlights importance of clearly defined terms in on-line sales contracts.

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US Publisher Caught in Australian Court's Web
February 2003:  Recent Australian decision determines the law of defamation can be applied to internet publishing.

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RFP Processes for IT Procurement
January 2003:  RFP processes – The legal obligations on the customer.

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Governance of Large Scale IT Projects
December 2002:  Two main reasons why many IT outsourcing projects fail and how to avoid these risks.

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Electronic Transactions Act - Back to the Future
November 2002:  Electronic Transactions Act 2002 - What it means for e-Commerce.

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Open Source Software
November 2002:  Issues surrounding open source software.

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Porn Case Raises Wider E-Com Issues
October 2002:  Gisborne objectionable materials case raises wider e-Commerce legal issues.

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On-line Trading—Bear Trap or Benefit?
October 2002:  Four key aspects to assist a supplier in putting together terms of trade in on-line contracts

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Employee Email Use - Are you Exposed?
September 2002:  How employers can minimise risk associated with employee email.

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Dealing with Spam - Your Legal Rights
July 2002:  Taking action against spam.

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Electronic Search and Surveillance Powers
June 2002:  New developments in the law on electronic search and surveillance.

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Consumer Guarantees Act to Cover Computer Software and Telecommunications
April 2002: Issues surrounding the proposed amendments to the Consumer Guarantees Act 1993.

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Preserving New Zealand's Electronic Heritage
April 2002:  Changes in the status of electronic publishing and the National Library of New Zealand Bill.

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Keeping your Outsourcing Agreement Flexible and Change Friendly
March 2002:  Issues surrounding outsourcing agreements.

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New Computer Crimes
October 2001:  The Crimes Act 1961 to be extended to cover hacking and other computer based crimes.

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What Law Applies to my Online Contract?
September 2001:  Jurisdictional issues surround on-line contracts.

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GST and Imported Services - Implications for Telcos
September 2001:  The New Zealand Government's proposal to extend GST to overseas suppliers of telecommunications and their customers in New Zealand.

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E-Government by 2004...
July 2001:  The Government's aim to carry out functions on-line.

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E-Mail Snooping
May 2001:  A simple JavaScript embedded into an e-mail message can make messages vulnerable to what privacy advocates equate to "e-mail wire-tapping".

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E-Risks May 2001: Legal issues surround electronic communication.
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Automating Your Supply Chain with E-Procurement
April 2001:  Benefits and legal issues surrounding automating your supply chain with e-procurement.

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Online Gaming - Can you or can't you?
April 2001:  The legality of on-line gambling.

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Security for Online Transactions
April 2001:  Digital signatures and on-line transaction security.

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ISP Liability for Third Party Information
March 2001:  ISP liability for third party information.

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Website Development Issues - The Top X
November 2000: The top 10 website development issues.

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Website Hosting Issues - The Top X
November 2000: The top `0 website hosting issues.

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Website Savvy? - The Top X
November 2000:  The top 10 website issues.

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