-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Erin Salmon wrote:
I imagine it would only occur infrequently, so we would probably go to a small amount of trouble to defend our customers, but ultimately, we can't break the law. If it were frequent (as it no doubt will be for TelstraClear), I really doubt anyone will be able to investigate and defend their customers. There is nothing to stop anyone from causing take-down of a competitor's website. It's problematic legislation, to put it mildly.
Realising that Donald's already weighed in on the "legal opinions" thing, speaking as someone who's studied copyright law this year I'll point out that infringement can be incredibly minor but still fall foul of the law. There is no degree of infringement in copyright, there either is or isn't. There was a case a number of years ago (name escapes me right now) where a documentary TV show happened to catch a recognisable sound fragment being played by a marching band in the background. The network was sued for infringement of the copyright in the song, and lost. So anyone who's got admirable notions of investigating the alleged infringements by their customers should check very, very carefully with their lawyers. Potentially, an investigation that clears the customer but turns out to have returned an incorrect result (by innocent mistake) could lead to greater liability for the provider in question. - -- Matthew Poole "Don't use force. Get a bigger hammer." -----BEGIN PGP SIGNATURE----- Version: GnuPG v1.4.8 (Darwin) Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org iD8DBQFJBjh7TdEtTmUCdpwRAh2eAJ4k7w0U0Jhsnxf1Zvr3EXqpFmtiwgCffFhU UFFTPiarUZaedeSTPy9YRQE= =YkOx -----END PGP SIGNATURE-----