Digital content user interface inspiration

Digital content developers appreciate that today differences betweens screens affect user experience with content.

User experience differs in numerous ways for content between tablets, smartphones, ereaders, laptops and desktops.

Content jumps off the screen when it suits the target format or device. Today content follows format, a reversal of the 20th century design principle that form follows content.

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Look for exponential growth

What triggered Jeff Bezos, founder of, to put all his eggs in 1994 into his online business and its commercialisation?

Was it love of books? Was it confidence in his programming capability, which first developed in high school? Being a graduate of Princeton where he designed a computer system to calculate DNA sequences? Securing angel investors? Or was it securing venture capital from a blue chip Silicon Valley firm?

It was all of that. And none of that.

Richard L. Brandt, author of One Click: Jeff Bezos and the Rise of, assures us page after page that the trigger was Bezos noted in 1994 the exponential growth in the numbers of users of the internet.

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Start-up growth: how to sustain it

My approach to law draws a great deal of inspiration from thinking by economists. What works in economics thinking for countries often also does for start-up, established or institutional business. The latest inspiration for this is The Next Convergence: The Future of Economic Growth in a Multispeed World. This 2011 book is by Michael Spence, a Nobel Prize recipient in Economic Science in 2001.

After serving as a dean at Stanford and Harvard, for the World Bank Commission on Growth and Development, from 2006 to 2010 Spence reluctantly took on the mission to research what made growth tick for developing countries.

What Spence's field research uncovered is to my mind as applicable for business growth as it is for growth by developing countries.

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Online video monetisation: TED Talks

Will your business fly with proper use of online video? Then consider TED a useful case study. A TEDx event takes place every day somewhere in the world. Locally there's TEDxSydney and TEDxMelbourne.

TED Talks have had more than 500 million views online and earn millions from event tickets, advertising, and event licensing fees. TED has presence in branded events, online videos, and mobile apps.

TED's impressive story begins in 1984.

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Value for money lawyers - how to find them

"What are best practices when dealing with expensive lawyers to reduce time and cost?" This was a question I answered today on Quora, a Q&A website. He's my answer.

The short answer is don't give work to "expensive" lawyers. Find ones who deliver value for money.

Is your preferred restaurant, car, perfume, or computer expensive? You're a poor consumer if you don't focus on value for money.

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7 mobile app legal tasks

If you're developing a mobile device app I'm sure you've been reading a lot, having conversations with prospective partners, and seeking other collaborators.

Use the list below to check legal needs are covered.

It's advice I've provided for developers. It's just as relevant for clients commissioning development of mobile apps.

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IP protects design

Many elements of package design can be protected with intellectual property law. Do-it-yourself designs need not apply.

Together with do-it-yourself logos, they rarely qualify as great IP or easily stand up to legal attack in our experience.

So if IP law thinks they are rubbish why invest in them?

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Pure Blonde's branding makeover

Carlton United's new branding for Pure Blonde is likely to help it in any future trade mark protection or related legal action.

The new bottle and label design makes three changes. It has an embossed Pure Blonde crest in the glass, giving it a separate status as a brand. It has a central label which emphasises the word "Pure", having taken the crest out. It has a longer neck label that connotes premium and emphasises the word "Premium".

Through rebranding Carlton not only keeps its product's identity fresh and contemporary, it also strengthens its legal rights to protect its intellectual property.

When we last wrote about Pure Blonde in "Trade mark law strategy kept simple for blondes". On the right is the bottle with its original labels. The emphasis there too was on clever tactics with intellectual property, specifically, use of scope creep in the trade mark strategy for Pure Blonde.

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10 conversations about business models

In 2007 we extended an invitation to readers to call for a conversation on 10 possible topics. Happily some took up the offer.

The nature of the questions kept them relevant. So for 2012 we repeat them and our invitation.

If you want to discuss the 10 topics below call us whether you are a client, collaborator or a stranger. We're proposing an open conversation to exchange thoughts, play cards and see where that might lead.

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The employment vs contractor agreement distinction

Under law in Australia and most countries whether A is B’s employee or, alternatively an independent contractor, is critical for ownership and protection of intellectual property. And that's just the beginning.

In Australia, if A is an employee numerous legal consequences follow. Superannuation must be paid, income tax must be taken out, and workers compensation insurance put in place.

To answer the question of whether A is an employee involves considering layers of law, facts and circumstances. There are variations for employees working in the private or public sector, under awards or enterprise agreements, or Common Law contracts and so forth.

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Is your brand an IP risk or IP asset?

Investment to create wealth through ownership of a brand is wasted if there is ignorance of intellectual property law ("IP"), IP search procedure, and IP protection tasks.

This is illustrated by probably the most common of all IP risks - legal issues arising from poorly selected brands and poor product identification.

Consider this scenario - Company A names a product and releases it . Assume the product name has IP rights. Some time later Company B launches a product with a similar name and for the same market.

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9 core competencies for intellectual property

A business journalist asked me today: "What role can directors play to secure their organisation's intellectual property".

Nice question. But I'd like to answer a better question.

It's this: "What role can directors play to build and protect an intellectual property business and its future?"

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Sham independent contractor agreements

Can a person be legally an "employee" if he or she works casual or part-time for multiple businesses? What makes a person an employee and not an independent contractor?

In law the short answer is many factors. There are major financial and legal consequences. Employers have statutory obligations and employees have statutory entitlements, eg to superannuation payments.

The employees or contractors question arose in a 2011 court case involving the Australian Tax Office - On Call Interpreters and Translators Agency Pty Ltd v Commissioner of Taxation (No 3) [2011] FCA 366.

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Start-up funding checklist

Every start-up operates in its own unique circumstances. It has its own mix of products, people, markets and operating methods. It has its own vision of its past, present and future. Differentiation moves markets.

Every start-up seeking funding or raising post-establishment capital also requires a customised pitch. It pitches its circumstances and vision to raise funds. Information moves markets.

Sharing information on differentiation brings together start-up entrepreneurs and founders with investors. Collaboration supported by documentation moves markets.

Differentiation, information and documentation have grown trade since ancient times.

This article is a "how to" checklist for start-ups and investors seeking to get together.

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Distribution agreements in 3D

"What product exclusivity am I getting?" This is a common first question asked by prospective distributors considering a draft distribution agreement.

It's usually followed with a money question such as: "How much do I have to pay the supplier or manufacturer?"

Let's consider these questions and techniques for assessment of distribution proposals and draft distribution agreements. The aim is to design realistic, workable and practical arrangements between manufacturers, suppliers and distributors.

The starting point is to recognise that these exclusivity and money questions are often based on assumptions due to what we'll call a 2D view of distribution arrangements. Having drafted or reviewed over 350 distribution agreements, I see them in 3D.

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