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All I can say is – this is the coolest thing I have seen on Youtube perhaps ever! It’s basically an interactive video where you get to the choose the path you take at the end of each “stage”. Do you remember reading those sci-fi books – Choose your Own Adventure – where you get to choose the path you take and the combination of different paths was almost limitless ? Well now imagine a video version that basically takes the same approach.

The beauty of web videos done in this manner is that they are highly engaging to the end user – which means that more eyeballs see them and therefore the opportunities for advertisers are huge. The ROI in producing something like this with a brand sponsor would be massive. Even internal product placements and ‘sponsored themes’ would enable advertisers to subtlety introduce their products into the videos without ruining the user experience by having pre-or-post role ads etc.

Really, really cool and well done. Check it out!

I have decided to release my all my university notes online in *.docx format for all the world to use. The idea behind these notes is that people can get access to solid summaries and not have to stress out about typing them up. The biggest frustration that I have experienced in my Commerce, Masters of Business Law & Juris Doctor degrees is a lack of quality “soft copy” notes about a subject. Please take note of the copyright at the bottom of this page – the only two things I ask are:

1. If you add in content to these notes – you must send me an updated version so they can be shared for everyone elses benefit. (this means you must freely consent your copyright to any changes/additions you make. If you don’t like this, don’t download the notes)
2. The Creative Commons footer must stay in the notes (if you are unsure what this means click on the Creative Commons link below)

Full Details (and other legal and business notes) – Notes Page

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The balance between the right to free speech and the protection of a person’s reputation are the fundamental underpinnings on which defamation law is based. The root of this balance ostensibly stems from one person’s right to protect their reputation in light of another person’s right to publish comment on it. The judicial system has long upheld the notion that if a person deliberately or maliciously publishes material which adversely and unfairly affects another’s reputation – a cause of action will exist to the person aggrieved. Such a notion has historically only existed at common law and has been fraught with complexities associated with the interpretation of defences to any defamatory cause of action. The recent the introduction of the Defamation Act 2005 has attempted to uniform defamation litigation across all Australian jurisdictions and endeavoured to ensure that defamation cases are trialled with greater consistency. Unfortunately, such an enactment has still left countless unresolved questions with respect to the manner in which litigating parties interpret defamatory meanings and how such meanings are pleaded.

Continue Reading – Defamation – Polly Peck Defense

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The balance between entrepreneurial risk-taking and a director’s corporate responsibility are inversely correlated under current securities law. The success of any corporate enterprise is entrenched in the ability of its executive management to facilitate and incorporate risk as a function of its operating capability. It is antithetical to contend that shareholder value can be created without undertaking some risk as it is a fundamental component of the corporate profit-return ratio. Of course, these principles must be balanced in light of those directors who embrace risk as an extremity and who carelessly and dishonestly destroy value through overzealous adoption. While Australian corporate law has attempted to balance these conflicting notions with the enactment of risk assessment provisions such as the business judgement rule in s180(2) of the Corporations Act 2001 (Cth) – the degree to which the law fosters and encourages directors to undertake structured entrepreneurial risk still remains questionable. The function of a director is enshrined in Chapter 2D – Part 1 – Division 1 of the Corporations Act 2001 (Cth) and their primary duties are to act in the best interests of the company and for a proper purpose. The extent to which this essential requirement is rationalised with unsystematic risk adoption rests on the judicature’s ability to interpret risk and determine the degree to which a managerial judgement was reasonable in the circumstances. Of course, the inherent nature of a judicial inquiry in relation to corporate risk infers that the risk undertaken was excessive and the complainant is disputing the efficacy of it. The Courts consideration in this regard must then fall to an examination of whether a director failed to exercise a reasonable degree of care and diligence in the discharge of his duties.

Continue Reading – Entrepreneurial Risk in Corporate Law

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The unparalleled advance of the Internet in the modern era has lead to vast new opportunities for marketers in the digital realm. The fusion of information technology and access to the Internet has acted as a catalyst for software based algorithms which purport to closely match online media content to highly targeted advertising. The adoption of cookie-based tracking technologies combined with internet protocol address geotargeting has allowed online advertising to be refined to such a degree that relevant and accurate advertising can be matched to any content that any particular Internet user is viewing at any particular time. Evidently, an important facet of this technology is the critical reliance of text based inputs in order to interpret and decipher the particular content being viewed. The fundamental dependence on text interpretation by advertising algorithms has lead to significant judicial confusion regarding the permitted use and manipulation of such text in the context of trademarked terms. The conflicting legal paradigm is the apparent statutory authority provided by trademark legislation which purports to provide the registered owner of a trademark exclusive rights over a sign for the goods and/or services in which it is registered – against the use of such a mark by advertising systems as a contextual input driver in order to accurately correlate the most appropriate advertising content to the inputted term. To further complicate this paradigm, the usage of trademark terms must be categorised into two distinct and separate groupings – those terms which are driven by direct user-input – entered into search engine interfaces which then render search results correlated with relevant search advertising – and those that are automatically extracted by advertising systems from the web page meta data layer. This latter category usually couples a machine algorithmic approach with human assisted text identification – commonly referred to as meta tagging – for the purposes of enhanced content interpretation which augments the advertising matching process.

Continue Reading – The Use of Trademarks in Meta Tags & Sponsored Links

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