We object! B-grade celebrity?s brushThere is a huge reaction following the publication of Sam Soapbox?s article ?We object! B-grade celebrity?s brush with the long arm of the law? about Carey Classless and Justice Darren Desperate. After Sam revealed that Carey was pregnant with Darren?s baby, she is pursued endlessly by the media and their names are on the front page of every gossip magazine in Australia.Subscriptions to Sam?s online magazine Female?s Fortnightly go through the roof, and he even doubles the yearly subscription fee to $20. His subscribers seem to know that he had someone on the inside and so are keen to hear what the latest instalment is. The trouble is, Tom will not speak to Sam after what happened and Sam is at a loss to work out how he can find out the latest gossip with Carey and Darren. This is particularly given that Carey and Darren are now keeping a very low profile. Sam decides that he needs to find a new way to get information about them, in order to keep his readers happy.Based on Carey?s Wikipedia page and fan sites, Sam manages to track down the phone number of Carey?s mother. He puts on his best British accents and calls her. They have the following conversation:Sam: Hello Mrs Classless, I am Dr Delivery?s assistant Steve and would like to talk to you about your daughter Carey. She is a patient of ours and we are just trying to track down some family history to help us look after her in her pregnancy.Mrs Classless: Hi Steve, I was not aware that Dr Delivery was Carey?s doctor, but that?s fine, I?m happy to give you whatever you need.Sam: Thanks Mrs Classless. Could you please tell me whether this is Carey?s first pregnancy? We had asked Carey but she got rather emotional about it.Mrs Classless: Well no its not her first actually. When she was at university she had a long term boyfriend who was also a student. She fell pregnant to him but unfortunately she lost the baby ? it was all very distressing. Her boyfriend ended up leaving her, and I hear that he is an actor in United States now.Sam then asks Mrs Classless a number of other medical questions to make himself look credible, then thanks her for her time and hangs up. Sam is disappointed that there are not any more skeletons in Carey?s closet, but decides not to let the truth stand in the way of a good a story. The next day, he uploads an article on Female?s Fortnightly titled ?Carey update ? not her first brush with the law?, which contains the following passage.It turns out this is not the first brush with the law for the delectable Carey Classless. In fact, she has a sordid history with the legal fraternity. Our sources tell us she fell pregnant to her hot-shot lawyer boyfriend when she was at university ? with twins no less! The real riddle though, is where those twins are now??Tom reads Sam?s article and is angry that Sam has continued to get attention regarding the Carey Classless scandal, particularly since he was the one who initially gave him the information. Tom decides that he should be the one providing the public with gossip on Carey, particularly since he has a past relationship with Carey. He decides to write an article about his short affair with Carey. The article, which he posts on his online blog, is titled ?Carey and I ? An affair to remember?. It contains the following passage:As for the affair with Darren, while I am not a lawyer myself it turns out Darren was not the delicious Carey?s first brush with the law. The fact is, she has a history with legal professionals. She fell pregnant to her high-flying lawyer boy toy when she was at school ? with twins no less! The real question though, is where those twins are now??Sam sees Tom?s article the next day and is shocked. He wonders how Tom can get away with this (especially since Sam made up a lot of the content of his article).In response, Sam decides that he needs to draw attention back to his online magazine. He posts a notice on his website stating ?All new subscribers get a free set of steak knives!? Sam is experiencing a cash flow issue so cannot afford the steak knives, so when new subscribers sign up, he tells them that he is out of stock.Questions:(1) Has Sam breached any Codes of Ethics in relation to the collection of information for, and the content of, his article ?Carey update ? not her first brush with the law?? (6 marks)(2) Has Tom breached Sam?s rights under the Copyright Act 1968 (Cth) in publishing on his blog the article ?Carey and I ? An affair to remember?? In your answer, discuss any defences that might be available to Tom and what remedies might be available to Sam. (12 marks)(3) Has Sam committed misleading and deceptive conduct under section 18(1) of the Australian Consumer Law in relation to his offer of a set of steak knives for new subscribers? (6 marks)Part 2 ? 3 marksSelect the most correct answer for the following multiple choice questions:(1) Which of the following statements best describes the common law? (1 mark)a) Proceedings are largely inquisitorial where the court shapes the issues.b) A set of principles and remedies developed to mitigate the harshness of Parliament-made law.c) A type of legal system developed in England which comprises both Parliament-made law and judge-made law.d) Law that regulates relations between individuals within the jurisdiction.(2) Which of the following would be permitted under the Listening Devices Act 1992 (ACT)?(1 mark)a) Recording a telephone conversation without the other person?s consent because you have bad handwriting and find it difficult to remember conversations.b) Recording a private conversation to which you are not a party.c) Communicating a private conversation which has come to your knowledge as a result of the use of a listening device in contravention of section 4 of the Listening Devices Act 1992 (ACT).d) Recording a private conversation where the other party consents to the recording.(3) Which of the following would not be capable of registration under the Trade Marks Act 1995 (Cth)? (1 mark)a) A sign that is intended to be used, but has not yet been used.b) A sign that is not distinct from the goods or services themselves.c) A sign that is a colour.d) A sign that is a scent.!
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