Publications > IT & Software Development

Rostron Carlyle prepares legal articles and papers for its clients on various areas of law.
The latest publications are listed below.

IT & Software Development

  • Working in the Cloud – should I be worried legally?

    Cloud computing I recently had the opportunity of hearing a presentation about “working in the cloud”- at Barcamp Brisbane in other words using internet websites as applications and not needing to load software such as wordprocessing or spreadsheets onto a computer. According to Wikipedia the term cloud is used as a metaphor > Read More

  • Issues for consideration in drafting software development agreements

    Software Development Agreements (Agreements) are unique. In principle, they are not dissimilar to construction contracts, although clear issues arise that are unique to the information technology industry.  Broadly speaking the issues that both Software Developers (Developers) and purchasers of programming services (Clients) should consider can be categorised into the following non exhaustive > Read More

  • RACV Insurance Pty Ltd v Unisys Australia Pty Ltd 2004

    Software developers need to be mindful to ensure that statements made in precontractual negotiations (and during iterative development processes) regarding the likely performance and functionality of systems are not misleading and deceptive. Particular care should be taken to ensure that representations made whilst collaborating using development methodologies such as rapid application development > Read More

  • domain name eligibility criteria

    Regulatory framework In Australia, the organisation that administers the domain name regime is .au Domain Administration Ltd (auDA). The Commonwealth Government holds reserve powers to regulate domain names under the Telecommunications Act 1997 (Cth). The auDA also accredits and regulates Australian domain name registrars. No property in a domain name There are > Read More

  • Negotiating liability issues in software development agreements

    For Software Development Agreements (Agreements) that involve mission critical systems or high volume transaction websites the software owner or user (Client) may face significant losses in the event of interruption or catastrophic failure of the system. These losses may be disproportionately high when contrasted to the fees that the Software Developer (Developer) > Read More

  • Is there a safe harbour for user generated content and operators of Web 2.0 sites in Australia?

    The aim of Australia’s safe harbour scheme for copyright infringement as contained in Division 2AA of the Copyright Act 1968 (Cth) (Act) is to ensure that carriage service providers (CSP’s) who take reasonable measures to limit and deter copyright infringement are able to attract the benefit of reduced liability for copyright infringement > Read More

  • Call for submissions on second level domain names (2LDs) by auDA.

    auDA, the body that manages Australia’s domain name system, has invited people to submit proposals for the creation of new 2LDs in the .au domain space. Applications close 30 November 2009. Assessment criteria Example 2LD’s auDA created community community geographic 2LDs in 2006 – for example These domain names are available > Read More