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  3. Information Technology Contracting Law

Information Technology Contracting Law (LAWS70362)

Graduate coursework level 7Points: 12.5On Campus (Parkville)

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Year of offer2018
Subject levelGraduate coursework Level 7
Subject codeLAWS70362
Availability(Quotas apply)
FeesSubject EFTSL, Level, Discipline & Census Date

Information technology is critical to almost all modern organisations and processes. The development, acquisition and use of such technology raises a myriad of complex legal issues extending beyond conventional contractual issues and includes ownership rights, rights of use and risk management. This subject explores those issues with a particular emphasis on contracting and intellectual property issues associated with the development and sourcing of information technology products and services. Both lecturers are information technology lawyers with extensive practical experience acting for both providers and purchasers of such products and services.

Principal topics include:

  • Overview of information technology and the Australian information technology development industry
  • Roles and relationships of the various parties to information technology agreements
  • Copyright protection afforded to technology products and services, including online products and services
  • Open source licensing arrangements
  • Patent protection afforded to information technology products and services
  • Employees and contractor rights and obligations in the context of the creation and development of information technology
  • Software creation, development and exploitation
  • Hardware supply arrangements
  • Network management, security and maintenance
  • Cloud services: risks and liability
  • Database and content management issues including privacy
  • Risk allocation and management of information technology contracts (including insurance and escrow arrangements).

Intended learning outcomes

A student who has successfully completed this subject will:

  • Have an advanced and integrated understanding of the legal principles related to the contracting for the development and exploitation of information technology products and services (including recent developments in this field of law and practice) (“those Legal Principles”)
  • Be able to critically examine, analyse, interpret and assess the effectiveness of those Legal Principles
  • Be an engaged participant in debate regarding the contractual, copyright and other legal issues that arise in relation to the development and exploitation of information technology products and services
  • Have a sophisticated appreciation of the issues that arise in relation to the development and exploitation of information technology products and services
  • Have an advanced understanding of relationships between the legal issues that arise and the commercial environment in which information technology products and services are developed and exploited
  • Have a detailed understanding of the law and its impact on the development of information technology products and services
  • Have the cognitive and technical skills to generate critical and creative ideas relating to information technology contracting law and to critically evaluate existing legal principles and concepts with creativity and autonomy
  • Have the communication skills to clearly articulate and convey complex information regarding information technology contracting law to relevant specialist and non-specialist audiences
  • Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of information technology contracting law.

Last updated: 29 March 2019