IN THIS UPDATE
- AUSTRAC's report on money laundering
- Gaming claims found to be patent eligible
- Online copyright infringement research
- Presumption of harm in cybersex offences
AUSTRAC's report on money laundering
On 27 July 2015, AUSTRAC released a strategic analysis report entitled "Use of business express deposit boxes to avoid reporting requirements". This report revealed that serious organised crime groups (SOCG) were using business express deposit boxes and internet banking to avoid banks' Anti-Money Laundering and CounterTerrorism Financing (AML/CTF) compliance programs.
AUSTRAC has found that SOCGs have been using third parties with little or no criminal history, such as foreign students, to incorporate companies and open bank accounts with internet banking facilities. The SOCGs then bulk deposit their illicit cash into the bank accounts through business express deposit boxes, meaning that the individuals depositing the funds are not identified. The SOCG then sends the funds offshore using internet banking.
AUSTRAC listed suspicious behavior indicators that should prompt reporting entities to submit suspicious matter reports to AUSTRAC.
viewAUSTRAC's Use of business express deposit boxes to avoid reporting requirements report here
Gaming claims found to be patent eligible
Aristocrat Technologies Australia Pty Limited v Konami Australia Pty Limited [2015] FCA 735
On 22 July 2015, the Federal Court of Australia in the case of Aristocrat Technologies Australia Pty Limited v Konami Australia Pty Limited [2015] FCA 735 found that the manner of manufacture requirement (s 18(1)(a) of the Patents Act 1990 (Cth)) is satisfied by inventions that allow casino gaming machines to award prizes.
The applicant in this case was Aristocrat Technologies Australia Pty Limited (Aristocrat), a manufacturer of slot machines, gaming systems and accessories. Aristocrat was suing another slot machine and gaming systems manufacturer, Konami Australia Pty Limited (Konami), for infringing a selection of claims for three of its standard patents relating to "feature games". Feature games are games that can be played during the course of a main game.
The relevant patent in this case was "the 689 patent". The invention claimed allowed for a prize to always be awarded in the jackpot feature game. Konami argued that the invention claimed in the 689 patent lacked the necessary quality of newness or inventiveness required by s 18(1)(a) of the Act. Justice Nicolas rejected this argument as a lack of newness or inventiveness was not apparent on the face of the claim's specification.
Further, Justice Nicolas found that the inventions claimed were not “mere ideas” but new and useful gaming machines and new and useful methods of operation producing new and improved results. Justice Nicolas therefore found that Komani had infringed patent 689 by manufacturing and supplying games that infringed the invention claimed in patent 689.
View decision here
Online copyright infringement research
On 22 July 2015, the Australian and United Kingdom (UK) Governments released research regarding online copyright infringement in Australia and the UK. Both countries conducted surveys between March and May 2015 to gauge the prevalence of online copyright infringement in each country, to pinpoint what attitudes drive infringement and to determine the role pricing plays in lawful and unlawful access of online content. The Australian survey interviewed 2,630 internet users between 25 March and 13 April 2015 and found that 43% of Australians who had consumed digital content had consumed at least one of those files illegally, compared to 21% in the UK. The survey also asked participants why they choose to infringe, to which 55% responded because "it is free", 51% due to convenience, 45% due to speed, 35% because users can try before buying and 30% because legal content is too expensive. While many survey participants shared that they would be more likely to stop infringing if legal content was cheaper, more available and had the same global release date, only 21% of participants would be encouraged to stop infringing if they received a letter from their ISP telling them that their account would be suspended.
View Online Copyright Infringement Research report
Presumption of harm in cybersex offences
Adamson v The Queen [2015] VSCA 194
The Victorian Court of Appeal has considered whether there can be a presumption of harm to a child victim of cybersex offences, given the absence of a physical presence of the predator: Adamson v The Queen [2015] VSCA 194. In dismissing an appeal against the severity of a prison sentence, the Court rejected the appellant's argument that sexual offences committed with a child via the medium of the internet were fundamentally distinct from sexual offences constituted by physical acts. The Court specifically rejected an argument that the offence was of lesser severity when committed via the internet because the elements of intimidation and coercion were absent. The Court held that in fact the internet did allow intimidatory and coercive techniques to be employed, and that the child remained vulnerable to manipulation by the offender, albeit manipulation practised in a different manner
View decision here.
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