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Technological Tying of the Apple iPhone: Unlawful in Australia?

Clapperton, Dale M. & Corones, Stephen G. (2007) Technological Tying of the Apple iPhone: Unlawful in Australia? QUT Law and Justice Journal, 7(2), pp. 351-374.

Abstract

Technology vendors are producing products and services which, by design, use technological methods to restrict interoperability and tie the use of their products and services to the use of other products and services from the same vendor. Often this type of technological tying raises concerns that it is anti-competitive. One such example is the technological tying of the Apple iPod to music purchased from the Apple iTunes Music Store, and vice versa. The new Apple iPhone contains technological locks which tie the iPhone to the mobile telephony services of a particular third-party mobile carrier, a new development in technological tying, and much more likely to be unlawful in Australia. The purpose of this article is to examine whether the Trade Practices Act 1974 (Cth), in its current form is adequate to deal with this type of technological tying.

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ID Code: 13014
Item Type: Journal Article
Additional Information: The contents of this journal can be freely accessed online via the journal's web page (see hypertext link).
Additional URLs:
Keywords: apple, iphone, technological tying, drm, antitrust, competition law, carrier locking
ISSN: 1445-6230
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2007 Dale Clapperton and Stephen Corones
Deposited On: 14 Mar 2008
Last Modified: 29 Feb 2012 23:35

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