OBITER EDITION 2 | SEP 2022

VICTORIA UNIVERSITY DICTUM SOCIETY

ISSUE NO. 2 SEPT 22

THE

OBITER DICTUM SOCIETY'S OFFICIAL MAGAZINE

THE COPY RIGHTED POEM a rhyme that highlights Australia's automatic protection of copyright

WHAT'S THE VERDICT? a guessing game on the facts of a torts matter

FINDING THE 'FUN' IN NONFUNGIBLE TOKENS Understanding the basics of NFT and intellectual property laws

WALL OF DICTUM snapshots of Dictum events. You might spot yourself!

Acknowledgement Acknowledgement of of Country Country Dictum Society would like to acknowledge the Woiworung and the Boonwurrung people of the Kulin nation, who are the Traditional owners of our University land.

We extend our acknowledgements to the traditional custodians of Australian land and pay our respects to their culture, and their Elders past, present and emerging.

We recognise that sovereignty has never been ceded, and pay our respects to the diversity of indigenous peoples , their communities and cultures, and the intrinsic connection to the land and waters as the Traditional Owners to Country.

33

“I dream my painting, and then I paint my dream.”

- Vincent Van Gogh

2

CONTENTS Acknowledgement of Country.....................................................................................................3 Dear Reader..........................................................................................................................................5 The Introduction................................................................................................................................6 Dictum Membership Packages ...................................................................................................7 Dictum Committee............................................................................................................................8 Understanding Copyright...............................................................................................................9 Copyrights Infringement..............................................................................................................11 Why Tech-Literary is so Valuable to Future Lawyers......................................................14 The Copyrighted Poem...................................................................................................................17 Finding Jobs Through Advertised Search...............................................................................18 Finding the 'Fun' in Non-Fungible Tokens.............................................................................21 Wall of Dictum ..................................................................................................................................22 .What's the Verdict...........................................................................................................................23 Getting LinkedIn to Your Dream Career................................................................................24 And the Verdict Is............................................................................................................................26 Being an Outsider............................................................................................................................27 Law School Gradman......................................................................................................................28 Cross Laws...........................................................................................................................................29 Word Wheel.........................................................................................................................................30 Cross Laws Solution.........................................................................................................................31 Under the Covers...............................................................................................................................33 Obiter Issue 21 Covers.....................................................................................................................34 Obiter Issue 22 Cover........................................................................................................................35 Sponsors List.........................................................................................................................................36

Dear Reader Dear Reader,

The Obiter is a magazine that serves you a buffet of quality content.

From 'Seasoned Artists' that know the legal world like the back of their hand to students like you sharing their perspective and experiences, our articles engage the audience in a conversation you would wish it never ceases.

'The Writer's Nook' is where you might find our writing competition of the issue with a topic almost as tantalising as the prize that is offered. Be sure to venture into it, if you thrive on competition!

For the many that are simply looking to kick back, relax, and tickle their brain with some legal brainteasers, keep an eye out for our 'Cross Laws Crossword', 'What's the Verdict, 'Word Wheel', and 'Legal Doodler' sections. They aim to entertain and challenge you.

I like to weave themes through the 2021 Obiter Issues and you will see this as you read through this magazine and more.

I hope you thoroughly enjoy the Obiter!

Sincerely, Malaika Nambiar Director of Publications

D I C T U M

S O C I E T Y

THE INTRODUCTION Dictum Society was established in 2012, and has successfully engaged and serviced a wide variety of external and internal stakeholders in this short time. We are a Society which aims to represent the diverse aspirations and attributes amongst our law students and improve their university experience.

We achieve this by hosting a combination of initiatives and events, ranging from careers, competitions, social events and education programs.

Dictum Society is affiliated as a College Society through Victoria University’s Student Union (VUSU). This means that Dictum Society is the peak student representative body for Victoria University’s College of Law and Justice.

THE

OB IT ER

The Obiter is Dictum Society's official magazine. The magazine provides its readers with content that is fresh, stimulating, and diverse.

In 2021, the magazine aims to keep its readers on their toes.

From students to professors to legal legends, each issue passes the baton to one renowned law veteran who will be sharing valuable advice and riveting anecdotes in our 'Seasoned Artist' Series.

Our seasonal writing competitions, 'The Writer's Nook' series, offers captivating topics and exclusive prizes for the winners who are also featured in our following Issue.

You don't want to miss our 'Dictum Editorials' where the Committee expresses their creativity through a plethora of topics all of which aim to spark new conversations.

Our content also caters for the lighthearted with our brainteaser puzzles and fun facts that are peppered throughout the magazine. Our newly introduced 'LOL: Laugh Out Law' column also aims to publish funny legal cases and narratives for the entertainment of our readers.

The Obiter Magazine is more than just a publication stuffed with articles. It is a reflection of the innovation and tenacity that the Society and its people embody.

DICTUM DICTUM

MEMBERSHIP MEMBERSHIP PACKAGES PACKAGES STANDARD MEMBERSHIP

$10

Includes: Access to our exam prep sessions Access to the Society’s exclusive social events Access to free food during social events Eligibility to participate in mooting competitions Access to exclusive careers events and programs Access to exclusive networking events Access to our 2021 Careers Law Guide Eligibility to be mentored in our Peer 2 Peer mentoring program Eligibility to become a Dictum Society volunteer Eligibility to partake in our Leadership training programs , such as Speech Master Eligibility to partake in our society’s competitions such as the Writing Competition Discounts tickets to our Law Ball, Trivia night, Halloween dress up party, movie night & many more!

Eligible to make submissions to the Society’s student publications The Obiter & the ENewsletter Receive a Membership pack full of goodies! (may be available when campus opens) Most importantly, to be a part of a student team dedicated to making your law school experience the best!

VIP MEMBERSHIP

$15

Includes: Access to our exam prep sessions Access to the Society’s exclusive social events Access to free food & tap during social events Eligibility to participate in mooting competitions Access to exclusive careers events and programs Access to exclusive networking events Access to our 2021 Careers Law Guide Eligibility to be mentored in our Peer 2 Peer mentoring program Eligibility to become a Dictum Society volunteer Eligibility to partake in our Leadership training programs , such as Speech Master Eligibility to partake in our society’s competitions such as the Writing Competition Bigger discounted tickets to our Law Ball, Trivia night, Halloween dress up party, movie night & many more!

Discounts on any merchandise Priority given to VIP members who are on the Peer Mentoring waitlist Eligible to make submissions to the Society’s student publications: The Obiter & the E-Newsletter Receive a Membership pack full of goodies! (may be available when campus opens) Most importantly, to be a part of a student team dedicated to making your law school experience the best!

D I C T U M

S O C I E T Y

Understanding Copyright Copyright is a bundle of rights which visual artists, musicians, writers and video and film makers own in relation to their work. It exists in every kind of creative work you can imagine.

Copyright exists automatically once you create a work and is free.

Copyright can be shown by a symbol that looks like this: © Copyright is one of the most powerful rights you can own as a creator. It enables you to: control your work get money for your work

Copyrigh t can b e owned musicians by any , writers of the f v ideo and gives au ollowing: film mak tomatic p By ers, perfo rotection laws if y rm u e n rs d e and it ou have r Australi an and In ownership However, t e rn ri g a hts relatin tional Copyrigh t does no g over y styles as t offer pro our work the work . tection o must be digital fo ver ideas physical, rm. and material, or at lea st in

The above information are referenced from the following https://www.artslaw.com.au/legal/raw-law/what-is-copyright/

D I C T U M

S O C I E T Y

Copyrights Infringement Copright is 'Not Gonna Take It'

Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434

A popular case reference is the copyright infringement involving Twisted Sister's hit song, 'We're Not Gonna Take It' (WNGTI) wherein United Australia Party (UAP) founder, Clive Palmer was asked to pay a whopping AU$1.5 million as financial penalty pursuant to infringed copyright in WNGTI. The action was brought against Mr Palmer by joint applicants Universal Music Publishing

Pty

Ltd

and

Songs

of

Universal

(collectively,

Universal), which are the exclusive Australian licensee and copyright

assignee

respectively.

Justice

Katzmann

further

awarded AU$1.0 million in additional damages pursuant to s115(4) of

the

Copyright

Act

1968

(Cth)

(Act),

the

amount

being

equivalent to two-thirds of the total award.

The above sections are from the EPBC Act and can be accessed in full online. The above information are references to the original and give full credit to it's owner.

D I C T U M

S O C I E T Y

Copyrights Infringement A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (2001)

Napster was a peer-to-peer file sharing network which allowed users to transmit MP3 files.

This created controversy among major record companies as it permitted free transmission of copyrighted music without reprimand.

This was a landmark intellectual property case where the United States Court of Appeal of the Ninth Circuit affirmed the ruling by United States District Court for the Northern District of California stating that, peer-to-peer (P2P) file-sharing service, could be held liable for contributory infringement and vicarious infringement of the plaintiffs' copyrights. This was the first major case to address the application of copyright laws to peer-to-peer file sharing.

Napster's argument was that they were not directly involved in transmitting copyrightprotected content as third parties were uploading this music by their own volition on the Napster program. However, this argument was not taken by the Court as they pinpointed that because Napster knew about the widespread and repeated sharing of copyright infringing content being transmitted in its network, it took no measures to prevent this from happening, and financially profited from such transmissions.

The above sections are from the EPBC Act and can be accessed in full online. The above information are references to the original and give full credit to it's owner.

D I C T U M

S O C I E T

Why Why Tech Tech Literary Literary is is so so Valuable Valuable to to Future Future Lawyers Lawyers A S A J O U R N A L I S T , G H O S T W R I T E R A N D W E B D E V E L O P E R W H O H A S W O R K E D A C R O S S T H E D I G I T A L E C O N O M Y F O R M A N Y Y E A R S , T H I S W R I T E R ’ S V I E W O F T H E L E G A L I N D U S T R Y A S A P E N U L T I M A T E Y E A R L A W S T U D E N T I S D E E P L Y I N F O R M E D B Y H I S O N L I N E B A C K G R O U N D . O N E T H A T ’ S P R O V I D E D A R E A L U N D E R S T A N D I N G O F W H Y T E C H L I T E R A R Y I S S O V A L U A B L E T O F U T U R E L A W Y E R S .

Understand Our world is rapidly becoming more digitised and globalised. Yes, speed bumps are expected along the journey. And it’s not news recent years have seen many nations step back from the liberal international economic order that’s prevailed since World War 2, now toying once more with protectionist economic policies. This notwithstanding, the international community overall is set to become more and more economically borderless in future.

This has huge implications for the tech sector and those who use its gadgets. Not only is digital technology growing in importance to daily lives and business, but usage is changing too. Exact estimates differ given the audience size, but it’s widely held recent years saw mobile devices overtake desktop computers as the main source of internet usage. And it’ll keep growing over 50%.

Such a big shift to the digital landscape is guaranteed to shift the global economy.

Locally and Globally This shift will indeed be global. But its visible effects will be local. Driving new economic growth, and the establishment of new businesses in Melbourne and Victoria. Defining the vision and driving innovation of a new business is a task for its founders.

But it’ll be a task for lawyers to provide legal advice that ensure a client’s rights and obligations are observed.

Being tech literate underwrites an ability to serve such clients faster and more efficiently. And understanding technology that underpins digital innovation isn’t just an advantage today, but one that will grow in future.

The Road Ahead The scale and diversity of the tech sector means making many specific recommendations on pathways here would be unwise. Not least because just like learning a human language, your success in learning to program in a specific language will be enhanced by a natural interest in it.

But making two specific recommendations can be done. First, do resolve to go down a pathway.

Second, avoid reliance on a ‘cut and paste’ style of learning many programming tutorials offer.

D I C T U M

S O C I E T

Why Why Tech Tech Literary Literary is is so so Valuable Valuable to to Future Future Lawyers Lawyers A S A J O U R N A L I S T , G H O S T W R I T E R A N D W E B D E V E L O P E R W H O H A S W O R K E D A C R O S S T H E D I G I T A L E C O N O M Y F O R M A N Y Y E A R S , T H I S W R I T E R ’ S V I E W O F T H E L E G A L I N D U S T R Y A S A P E N U L T I M A T E Y E A R L A W S T U D E N T I S D E E P L Y I N F O R M E D B Y H I S O N L I N E B A C K G R O U N D . O N E T H A T ’ S P R O V I D E D A R E A L U N D E R S T A N D I N G O F W H Y T E C H L I T E R A R Y I S S O V A L U A B L E T O F U T U R E L A W Y E R S .

They’re not terrible, but not ideal. Real understanding of programming requires going beyond memorisation of which lines of code shall run together. It requires an ability to understand the concepts that underwrite code, and a capacity to program with them in mind.

The Principles Having a tech literary is invaluable. But it’s not allencompassing, nor should it detract from a focus on honing legal understanding and skills among anyone who seeks to practice. Completing the Priestley 11 will surely remain important to law students, and having a practising certificate will remain essential for practitioners.

But just as many areas of law are growing, the entire global economy is growing underwritten by tech. So any law student that can practice with a glossary of latin terms and programming concepts in mind can drive forward strong.

by Ed Kennedy VU Alumni

D I C T U M

S O C I E T Y

The Copyrighted Poem I sang a tune and wrote a song, And called it mine and brought it along.

I sang it to a friend of mine, He called my tune, soulful and divine A month ahead I see my friend, Sing for a crowd at Lover's End. Music that made my heart rewind, And pause to know that tune was mine.

The crowd rejoiced and paid him well, For music that's not his to sell.

Another month, I called the law, With pen, paper, and plan to draw.

On how I tell the world his tune, was mine and not for this buffoon.

The law told me about Copyright, About rights and protections to help me fight.

Ⓒ

I went to Court and put the And left with a song that's just for me!

D I C T U M

S O C I E T Y

Finding the the 'Fun' 'Fun' in in Finding Non-fungible Tokens Tokens Non-fungible D I S C U S S I N G I N T E L L E C T U A L P R O P E R T Y L A W S A R O U N D N O N - F U N G I B L E T O K E N S O R N F T

What are NFTs? NFT are a unique digital certificate which essentially translates into a digital asset. The difference between cryptocurrencies and NFTs are that NFTs are considered indivisible, i.e. it is one of a kind and cannot be broken down in parts in the manner in which cryptocurrency is distributed.

Additionally NFTs do not represent a value or store of value but instead its value arises from the rights attached to the digital asset.

Therefore, an NFT can be an intangible or tangible asset in the form of music, art, collectibles, or ingame assets as well.

Smart contracts are digital transaction protocols that get processed with the ocurrence of an event and blockchains are a secure and permanent digital ledger that keep a record of the transaction history related to the NFT between the network and its peers.

Using smart contracts on a blockchain NFTs are created.

It is important for NFT buyers to differentiate between owning an NFT and owning the copyright linked to the asset or owning the underlying asset.

The buyers intellectual property rights revolve around the smart contract i.e buying owning the underlying asset they are able to hold it for noncommercial purposes with a non-exclusive license unless otherwise agreed upon with the seller. In the meantime, the original owner is able to continue commercialising the asset and producing more NFTs.

According to Cooper Grace Ward Lawyers,' there are a number of digital marketplaces that facilitate the listing, buying and selling of NFTs. The terms of use governing these marketplaces may also impose additional restrictions on the rights NFT buyers receive.

Anyone looking to buy an NFT should conduct a thorough due diligence process to ascertain the rights associated with the NFT. Among other things, this process should include a review of any smart contract and marketplace terms of use.'

D I C T U M

S O C I E T Y

Wall of Dictum

3 2

What's What's the the Verdict?

Verdict?

Read the facts for the case provided below and guess the verdict.

AREA OF LAW Tort Law – Interest – Standing – Nuisance

CASE Malone v Laskey [1907] 2 KN 141

FACTS The claimant lived in a house belonging to her husband’s employer. The claimant’s husband was a tenant, and she had a license to live at the property. Whilst using the lavatory, the cistern was dislodged by vibrations caused by the next-door neighbour’s electricity generator, which fell on her causing her injuries. She sued her neighbour in nuisance. It was alleged that the claimant could not bring the suit because nuisance required the claimant to have an ‘interest’ in the land subjected to the nuisance.

ISSUE Whether the claimant could claim in nuisance despite not owning the property? Whether a mere license was enough to claim an ‘interest’ in land in order to be able to sue. Whether the claimant had a proper cause of action. Whether a mere licensee could sue in nuisance. case summary derived from https://www.lawteacher.net/cases/malone-v-laskey.php

And And the the Verdict Verdict is... is...

The Court ruled in favour of the defendant.

Bancks was entitled to terminate the contract due to Associated Newspapers Ltd having breached the contract.

HELD Her claim in nuisance failed. As her husband was only a tenant of the property, he did not have an ‘interest’ in the land, and as such could not sue in nuisance. The claimant herself could not sue in nuisance because she was only a licensee and as such could not have an ‘interest’ in the land affected by the alleged nuisance and so had no cause of action in this case. No principle of law could be formulated to the effect that a person who has no interest in property, nor any right of occupation in the proper sense of the term, can maintain an action for a nuisance. Therefore, the claimant’s claim failed and she had no cause of action at all. No mere licensee could sue in nuisance.

case summary derived from https://www.lawteacher.net/cases/malone-v-laskey.php

D I C T U M

S O C I E T Y

Being Being an an Outsider Outsider It is hard being an outsider, whether you transferred university, come from another state or even another country. Victoria University is not an exception to any other university. It provides a home for International students.

Achieving a career in Law has always been competitive. Imagine being an outsider on top of it.

This can be a nightmare. What would I know about this? Everything! As I am currently a fourthyear law student completing my final units, I have lived the nightmare and survived to tell the tale.

Moving to a different country, getting to know a new culture, and meeting people is challenging. The main quality you will develop is mental strength. I learnt to never give up. If you give up, you will not see the end of any decision you make in your life. If you give up, you will never find the satisfaction of completing your goals. You will never be the lawyer you want to be.

The best part about being challenged is that you will recognise the worst days and the good ones. You can feel proud about yourself, that you are able to persevere through the worst days, where other colleagues may struggle.

I always remind myself of the reason I chose to be a lawyer. I want to help the vulnerable. I believe that to help the vulnerable, you have to be vulnerable at least once in your life and have overcome that vulnerability. I believe this will give the strength and the passion you need to face what may come in the future.

The same roads you walked exhausted after hours of studying will be the roads you walk wearing your gown as a lawyer. Walk with your head high, with a vision of your dreams and with a heart to never give up. Just remember, the day you feel like you belong is the day you won’t be an outsider anymore

Law School Gradman!

Help Gradman graduate with a law degree by guessing the latin legal phrases below. Every incorrect answer brings Gradman's grade below a HD, so beware the N grade scholar!

1. "From the beginning"

__ _______

2. person who assists in the commission of a crime, but who does not actually participate in the commission of the crime

_________

3. An item of personal property which is movable, as distinguished from real property

_______

4. Judicial doctrine that exists in various common law jurisdictions.

________

5. An order issued by a legal authority with administrative or juridicial powers, typically a court.

____

Gradman Grades

HD

D

C

P

N

D I C T U M

S O C I E T Y

Cross Laws

27

Word Wheel Literacy and good vocabulary is a major plus in getting through law school and as you go through the legal industry. Practice your skills by using the word wheel to forms as many words as you can! Try and use all the letters to achieve a Word Wheel Win!

Tort Law: Session 1 Alright, repeat after me class!

'Sue first or be sued! '

R L

G

D I

H A

N

The Legal Doodler

We believe all law students have a little funny in them.

Our dark sense of humour is the reason why we choose law school in the first place right? (Some of us are still crying).

If you wish to put that funny bone to good use, send us over your funniest takes on law school, lawyers, legislation, basically anything law! Dictum will feature your iconic gags in 'The Legal Doodler' spread.

Get cracking readers!

Submit any written work for the Obiter to the following! following!: publications@dictumsocietyvu.com

D I C T U M

S O C I E T Y

Cross Laws Solutions

27

OBITER OBITER ISSUES ISSUES 2021 2021

ISSUE ISSUE 11 2022 2022

Thank You Sponsors!

The magazine has been published by Dictum Society, sponsored by The College of Law and Leo Cussen.