Ken specialises in information technology, software and internet law, copyright, and trade secret law.
Ken joined AJ Park in 1971 and was a partner until he retired at the end of 2006. He now works as a consultant in our Auckland office, specialising in information technology, software and internet law, copyright, and trade secret law.
Ken gains huge satisfaction from mentoring others in these fields and modestly describes himself as more of a ‘backroom boy’ these days, providing legal opinions for others or working on reverse briefs from QCs.
In addition to New Zealand litigation, Ken has advised on and managed litigation for New Zealand clients in the USA, Germany and the United Kingdom. These related to technology licensing disputes, patent infringement and software trade secrets.
Ken has spent the best part of his career at AJ Park. He gained an engineering degree from the University of Auckland, and after working as an engineer for 18 months with what was then the New Zealand Broadcasting Corporation, he was recruited to AJ Park to handle patents for colour televisions. Remember, this was back in 1970 when TV was in black and white.
In 1978 Ken developed a practice in computer law and in 1989 he was counsel for the successful plaintiff in IBM v Computer Imports, New Zealand’s first software copyright case to go to trial. More recently, Ken acted for Fisher & Paykel Finance in the longest IP/IT law case in New Zealand. This was Karum v Fisher & Paykel Finance, where the High Court trial in 2012 lasted eight weeks. The case involved alleged non-literal infringement of software copyright. On appeal, the Court of Appeal in 2014 upheld the decision of the High Court that there was no infringement and to a large extent ruled out the possibility of non-literal infringement for software, as compared to books or plays with a plot, which would be protected by copyright as well as the text.
With such a long pedigree at AJ Park, Ken is well-placed to comment on what sets the firm apart from others.
A big bonus of being part of AJ Park is that we are an 'international' law firm – we handle both incoming work from clients, patent attorneys and lawyers in other countries, and look after our exporters working with patent attorneys and lawyers in offshore markets. It was this that led to me becoming a committee chair in the International Bar Association.
Ken especially enjoys the blend of law and technology that his role affords. He has authored numerous papers on the legal nature of software, copyright, software copyright and intellectual property law, and is a co-author of the book Copyright & Design. Ken is also a former co-chairman of the technology and e-commerce committee of the International Bar Association.
Ken Moon's insights
Article \ 14 Feb 2024
Copyright and the Fair Digital News Bargaining Bill
Following the introduction to the New Zealand Parliament of the Fair Digital News Bargaining Bill last year, a Select Committee hearing of submissions on the Bill is scheduled to take place later this month.
Article \ 22 Jun 2023
New Zealand copyright and artificial intelligence
With the availability and popularity of easy-to-use large language model (LLM) artificial intelligence (AI) systems such as ChatGPT, New Zealand (NZ) copyright…
Article \ 1 Dec 2022
Do your digital assets constitute property?
We are all aware of the value of what might be called ‘digital assets’ which have arisen from the computer and internet ages. However, many people are unaware that digital assets generally do not constitute property in most countries. This means that in a court of law, property law cannot be applied to protect digital assets in those countries.
Article \ 5 Nov 2021
Modelling cryptocurrency for legal analysis
In New Zealand’s first significant cryptocurrency case, Ruscoe & Moore v Cryptopia , the High Court (Christchurch) found cryptocurrencies constituted personal property. The court, perhaps bravely in the context of long held common law personal property theory, accepted there were other categories of intangible property in addition to choses in action.
Article \ 3 Aug 2020
New Zealand High Court decides cryptofunds are property
In New Zealand’s first significant cryptocurrency case, Ruscoe & Moore v Cryptopia, the High Court in April 2020 found cryptocoins constituted property…
Article \ 30 Apr 2020
Copyright in music: US Appeals Court confirms Led Zeppelin should…
Led Zeppelin, Musikhalle Hamburg, March 1973: Robert Plant, Jimmy Page’ (cropped) by Heinrich Klaffs Artikel zum Foto auf. This file is licensed…
Article \ 30 Oct 2019
Meghan Markle v Mail On Sunday
HER ROYAL HIGHNESS MEGHAN MARKLE AND COPYRIGHT LAWThe British tabloid, Mail on Sunday, along with its own commentary, published extracts of a…