Inane Observations $ sudo fix_it
  • Curiosities in drafting for the weighted inclusive Gregory method of STV

    15 July 2022 | single transferable vote opentally law | Comment

    In Australia, 2 jurisdictions make use of the weighted inclusive Gregory method of the single transferable vote (STV). The weighted inclusive Gregory method of STV is one of 2 systems recommended by the Proportional Representation Society of Australia as part of a gold standard electoral… »

  • A review of Australian parliamentary drafting styles

    25 April 2020 | law | Comment

    Thank you to Toby for enabling my bad ideas (viz. writing this post), and thank you to COVID-19 for giving me the time to follow through.

    As someone who winds up doing a lot of legal-adjacent1 drafting,2 I spend a fair amount of… »

  • MxR Plays had poor legal sense, but excellent YouTube sense

    18 January 2020 | law copyright | Comment

    I am not a lawyer. I am not your lawyer, nor am I lawyers for MxR Plays or Jukin Media. This is not legal advice.

    The Jukin Media and MxR Plays saga has come to an end, with MxR Plays and Jukin Media reaching a… »

  • Into the abyss and beyond – sub-sub-subparagraphs, and more

    15 January 2020 | law | Comment

    Legislation in Australia typically follows a consistent, familiar numbering scheme with sections, subsections, paragraphs and subparagraphs. For example, subparagraph 2(5)(a)(iii).

    Sometimes, though, we need further nesting. The OPC Drafting Manual helpfully tells us about the sub-subparagraph, like a unicorn, rarely seen – ‘OPC's current drafting… »

  • Illegal numbers

    30 December 2019 | copyright drm reverse engineering obfuscation security law | Comment

    Legal counsel for various companies, including AACS LA (Advanced Access Content System Licensing Administrator) LLC, DVD Copy Control Association Incorporated, Intel Corporation, Motion Picture Association of America Incorporated, Sony Computer Entertainment America Incorporated and Texas Instruments Incorporated, have determined that the possession or distribution of… »

  • On the application of the GDPR to online organisations

    26 October 2019 | law | Comment

    I am not a lawyer, I am most certainly not your lawyer, and this is not legal advice.1

    In a recent discussion in /r/AustraliaSim, an online community I am involved in, the question came up of whether the European Union's General Data Protection… »

  • Model Rules of Interpretation for legal documents

    21 September 2019 (updated 15 January 2020) | law legalmd | Comment

    While the interpretation of legislation is often governed by an Interpretation Act, such as the Acts Interpretation Act 1901 (Cth), there is no corresponding simple set of principles at common law. Accordingly, many contracts and other legal documents contain lengthy sets of boilerplate provisions, setting… »

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