TECHNOLOGY PRACTICE
Executive Overview
 The
firm has solid experience in advising on technology matters. Convergence
is changing laws and business practices. Our technology sector work
is highly evolved and is informed by our commercial, litigation
and intellectual property practices.
We handle all types of work in the software, content, online, equipment,
services, telecoms and outsourcing sectors.
Experience
Our clients include the world’s second largest provider (after
You Tube) of user generated on-line content, Heavy.com and also
ndWare (Firemint), one of one of the world’s largest developers
of mobile games for various platforms.
Nick Weston has extensive experience in representing developers
and content providers and in advising on issues such as multi-platform
digital content rights clearances and transfers, games, online gaming,
development agreements, distribution agreements, EULA’s, system
and web design contracts, hosting and maintenance service level
agreements, marketing and advertising, consulting agreements and
so on.
We have been involved with Web 2.0 content producers and aggregators,
developers, contractors and other participants in numerous IT projects.
We provide personal service whether the client is large or small.
This depth of experience means that we bring a multidisciplinary
view to the hidden ‘menaces to navigation’ and new issues
such as content sharing, licensing and dividing rights in shared
content, online social networks and device connectivity as well
as employment, sub-contractor, privacy and lease issues that attend
these businesses.
Methods
• Licensing of elements required to produce games and other
content.
• Recommending suitable contract streams for project delivery.
• Advices on branding and intellectual property, confidentiality
agreements, copyright, designs, trade marks and domain names.
• Advices on jurisdiction, outsourcing and procurement, trade
practices.
• Advising on project issues throughout the scoping, design,
development and maintenance phases.
• Negotiation, drafting and review of tender and contract
documentation, outsourcing agreements, licences and terms of use.
• Dispute management, arbitration, mediation and litigation
Results
• Protection and exploitation of intellectual property rights
without surprises.
• Clear and practical controls and systems.
• Compliance with relevant legislation.
• Removing menaces to navigation.
BUSINESS OBJECTIVES
Software Development
Watching a client’s back is at the core of what we do. We
identify potential problems and cover them at the drafting stage
of documentation, we take a ‘belt and braces’ approach
in ensuring your interests are protected, we propose practical measures
to forestall losses or further losses and recommend ways to improve
systems and procedures.
Case Study: Representation of emergency management
specialists and online platform developers EMQ®.
Developed the terms of use for their virtual crisis control room
software known as LUIS®. Advised on data privacy, confidentiality
arrangements and prosecuted their trade marks applications.
Games
The Firm has solid experience in acting for computer and hand-held
game developers and a long-held understanding of this sector. Back
in May 1997 the Australian Intellectual Property Journal published
an article by Nick Weston: "Copyright & Virtual Reality
– a Band-Aid on the Bleeding Edge" (8 AIPJ 71).
Case Study: Representation of one of the world’s
largest independent developers of mobile games for various platforms,
Firemint®.
Firemint® developed a tool that allows the composition of sophisticated
animations and exports them into a format ready to play back on
virtually any handset that supports J2ME. We registered a trade
mark for the tool, Richmotion® and drafted an appropriate End
User Licence Agreement (EULA).
The firm has also acted for this client in connection with the
negotiation and drafting of content development agreements with
major US organisations, property leases, trade marks and the licensing
of original games, tools, and re-skins.
Online user generated content
Web 2.0 is about participation, and shared content generation and
distribution. We know, we publish our own blog – the Australian
Trade Marks Law Blog
Case Study: The firm acts for Heavy®,
one of the earliest dot com providers of both proprietary and user
generated animated broadband content. Heavy.com emerged intact from
the burst of the dot-com bubble in 2001 and uses a proprietary platform
to distribute animated digital content. Its original titles include
Behind the Music that Sucks, American Suck Countdown and several
Machinima series that have gone into syndication and aired on pay
TV. It has also produced several noteworthy online flash games.
Nicholas Weston handled the registration of the Heavy® trade
mark in Australia and has provides advice on a various commercial,
structural and intellectual property issues.
Technology contracts
Technology acquisition, supply, outsourcing and joint venture agreements
are at the core of what we do. Whether for projects, services, software
or systems, our contracts are highly evolved and responsive ‘living
documents’ that reflect the actual deal.
Case Study 1: The firm represents the developer
of a GPS based logistics tracking system 3Logix™.
The firm has structured and drafted streamed development, licence
and maintenance service level agreements for 3Logix and has advised
in a number of intellectual property and contractual matters.
Case Study 2: The firm represents an application
and software developer Object
Craft™ and has advised in the drafting of joint venture
and distribution agreements.
Case Study 3: The firm represents artificial
intelligence software developer Semantia.™
and has advised in the drafting of master licence agreements, EULA’s
and consulting services contracts.
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