OzHub, the Macquarie Telecom-led cloud computing alliance, has come down firmly on the side of Optus over the copyright controversy surrounding Optus TV Now, warning that any moves to change the law "risk branding Australia a global luddite state."
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Renai LeMay
Friday, 12 March 2010 07:30
The legality of selling the device in Australia is currently up in the air, due to the fact that Nintendo recently took legal action against RSJ IT Solutions, a retailer which operates the GadgetGear.com.au website and had been selling the R4 cartridges.
However the video game manufacturer settled out of court with RSJ, leading to the defendant’s law firm to claim no precedent had been set.
Asked yesterday to comment on its view of illegality of the R4 devices — which were seized along with other assets for a total reported value of $1.3 million — Customs said it had seized the good under the the Notice of Objection Scheme in the Trade Marks Act 1995, which it commonly used.
“On 29 January 2010, Customs and Border Protection seized approximately 150 items suspected of infringing Nintendo’s trade marks,” a spokesperson for the agency said in a statement.
“In accordance with this Scheme, the importer agreed to forfeit these items to Customs and Border Protection. Customs and Border Protection will dispose of these forfeited items.”
“The decision to take legal action is made by the registered objector. The court will determine any penalties that would be imposed.”

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