His Hon Judge David Harvey, Auckland District Court. Richard Best, Richard Best Law, Best + Hancock Consortium, Wellington
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1 CHAIR His Hon Judge David Harvey, Auckland District Court Judge Harvey was appointed a District Court Judge in He has been closely involved with Information Technology initiatives involving the Judiciary including the development of trial management software. In addition to his Judicial duties, Judge Harvey is consultant editor for Butterworths Electronic Business and Technology Law and a member of the Editorial Board for Butterworths Technology Law Forum. He is a part-time lecturer at the Faculty of Law, University of Auckland, teaching Law and Information Technology. He papers to conferences both in New Zealand and overseas on related topics. He was Chair of the Copyright Tribunal ( ) and has had published a book on the law and networked systems entitled internet.law.nz Selected Issues, now in its third edition. SPEAKERS Richard Best, Richard Best Law, Best + Hancock Consortium, Wellington well as public sector procurement. He is also a founding member of the Best + Hancock consortium of sole practitioners. The consortium is a member of the All-of-Government Aotearoa New Zealand legal panel. Admitted to the High Court in 1996, he has practised law in both the private and public sectors: Bell Gully, Ashurst (London and Frankfurt), the Commerce Commission, State Services Commission and Department of Internal Affairs. Natasha Crampton, Microsoft, Sydney Natasha has specialised in technology and intellectual property law since the outset of her legal career. She has advised on copyright, trade mark, privacy, and internet safety and security laws in the context of contractual negotiations, litigation and law reform initiatives. At Microsoft, Natasha is responsible for Microsoft New Zealand s commercial legal work. This includes advising the business on legal issues relevant to Microsoft s cloud services, and the contractual frameworks under which Microsoft provides those services. John Edwards, Barrister, Wellington John has been practising information law since 1990, when he worked as an investigating commentary on privacy law. He was a consultant to the Law Commission on its privacy on privacy and related matters. Clive Elliott QC, Barrister, Auckland and media areas and has acted as counsel in a number of leading cases in the area. He is a Council member of the NZ Bar Association and the Auckland Branch of the NZ Law Committee of the NZ Law Society. Clive is a contributing author of the LexisNexis text Copyright and Design in New Zealand Information Technology issues and is a member of the Editorial Board of the Intellectual International Who s Who - of Patent Lawyers and of Internet & E-Commerce Lawyers; and also in the World Trademark Review s World s Leading Trademark Professionals.
2 SPEAKERS Sacha Judd, Buddle Findlay, Auckland securities law and takeovers. Sacha has a passion for assisting technology start-up companies, and hosts regular Think Forward functions highlighting New Zealand start-up success stories. She advises a number of young companies in the digital space in relation to establishment, contracts, shareholder arrangements and capital raising, including Vend, Christine Lanham, Trade Me, Wellington 2006 when it was a bunch of people in a room off Wellington s Cuba St. Before that she ski-instructor in Colorado. She is mum to Tom and Aurelia. If she weren t a lawyer she d Edwin Lim, Hudson Gavin Martin, Auckland matters. Edwin has worked for clients in various industry sectors including the technology, banking, government, media, automotive and healthcare sectors. In addition to his law both the technical and legal issues involved in technology matters. Edwin is a committee member of the New Zealand Software Association. Rick Shera, Lowndes Jordan, Auckland houses, software and app developers and network providers/integrators, as well as numerous start-ups and growth companies from formation onwards. He is also chair of Learning Limited. Sheana Wheeldon, Kensington Swan, Auckland
3 SPEAKERS Michael Wigley, Wigley + Company, Wellington Michael is an ICT lawyer in private practice, representing IT companies, telcos and ICT customers. He has a focus on complex disputed issues in ICT.
4 CONTENTS In session order Keynote Address... 1 His Hon Judge David Harvey Legal Challenges for Technology Start-Ups... 9 Sacha Judd Public Sector ICT Procurement: practical implications for the public & private sectors Richard Best Practical IP Issues Clive Elliott QC & Sheana Wheeldon Contracting in the Cloud: an enterprise vendor s perspective Natasha Crampton They re Not Products; They re Customers! Topical Issues When Creating Cloud Terms of Service Rick Shera Negotiating Software Licences Edwin Lim Data Security and Privacy John Edwards The Legal Challenges of User-Generated Content Christine Lanham Winning ICT Disputes a case study Michael Wigley
5 ediscovery in New Zealand Under the New Amended Rules His Hon Judge David Harvey The Cyber Search Provisions of the Search & Surveillance Act His Hon Judge David Harvey
6 CONTENTS Alphabetical by author/presenter Author Title Page Best Richard Public Sector ICT Procurement: practical impliations for the public & private sectors 25 Crampton Natasha Contracting in the Cloud: an enterprise vendor s persepctive 99 Edwards John Data Security and Privacy 133 Elliott QC Clive Practical IP Issues 77 Harvey His Hon Judge David Keynote Address 1 Harvey His Hon Judge David ediscovery in New Zealand Under the New Amended Rules 171 Harvey His Hon Judge David The Cyber Search Provisions of the Search & Surveillance Act Judd Sacha Legal Challenges for Technology Start-Ups 9 Lanham Christine The Legal Challenges of the User-Generated Content 143 Lim Edwin Negotiating Software Licences 119 Shera Rick They re Not Products; They re Customers! Topical Issues When Creating Cloud Terms of Service 111 Wheeldon Sheana Practical IP Issues 77 Wigley Michael Winning ICT Disputes a case study 157
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