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Comment Re:Oh really? (Score 5, Informative) 227

To be even fairer, the ISPs and AFACT already have a procedure in place to do this. AFACT agreed to it and choose to blissfully ignore it in favour of asking the ISP to illegally do their dirty work.

AFACT can stop abusing the legal system and fuck off. They have a procedure that allows them to inform an ISP of an infringement via a magistrate, the ISP will happily comply with the request and send the agreed details to the respective law enforcement agency. The fact that AFACT have sent 0 of these requests since they were introduced almost 10 years ago proves they really don't give a shit about the ISP, or due process.

An ISP is NOT a judicial body. Infringement Notices are not legal documents and AFACT is not Law Enforcement.

Comment Re:As an iiNet customer... (Score 2, Informative) 191

I think they're a great ISP but I can't really understand the policy of not passing infringement notices from AFACT to its customers even if they're not legally required to do so.

iiNet did what any good ISP should do. They forwarded each and every letter to the WA Police for proper consideration. They don't even need to do that.

AFACT already have helped put legislation in place (with the cooperation of the ISPs and the Federal government) to allow a magistrate to request that an ISP retain certain details of the infringement so that when the Police go to investigate the matter, the ISP has retained what they need to answer the Police.

The number of requests made to magistrates since this process was developed in consultation with ISPs and AFACT? Zero. And they're bleating about iiNet not doing enough when they have never followed the process they campaigned for.

Comment Re:All I read... (Score 1) 188

For example, since they fixed the "additional instances could not be launched" issue, you can no longer share the daily heroic quest with your group while inside the zone.
We only get that issue on the Oceanic Realms because the world servers are set to AEST and the instance servers are set to PST so, for the majority of the day due to a 15 odd hour time difference, the daily quest outside the instance is actually different from the one inside the instance. This is due to the fact that you cannot share the daily with someone else if it's not the "current" daily according to that instance. People normally run out of the instance, share the quest, then run back in if someone forgot to pick it up.

Comment Re:Four Corners (Score 1) 214

But I do want to make the point: Dumb people get what they deserve (point 2), and dumb organizations who instigate other organization that are much smarter than themselves also get what they deserve. I think "pie in the face" in an understatement in this instance.

I believe you left out the program's point of going on about the dumb guy. The point being that for someone who doesn't read /. and is not a technical person, this stuff happens a lot and they wouldn't have a clue that it was even remotely possible. I don't remember who said it on the program but they mentioned that companies sell truckloads of computers to the general populace. Those truckloads end up with a home broadband connection with (most likely) rudimentary security and *ZERO* training or information on the dangers of having access to the Internet. The Australian Government spends craploads on advertising for being healthy and such but spends zero on advertising about being safe online and the dangers that are out there and how to remain vigilant.

I have the highest respect for AFP and the Australia Police Service.

The AFP are doing a fantastic job considering the almost vertical hill they have to battle up. I've never heard of the Australia Police Service though. Who are they?

Comment Re:Haha, good (Score 1) 185

Add a folder to your library, wait while itunes chugs and makes a COPY of each file before syncing.

You must be using a different iTunes to the rest of us. I've been using it for over 5 years and it's never done that for me. There is an option for it to "Copy files to iTunes Music folder when adding to library" but that's unchecked by default.

Comment Re:Their house, their rules. (Score 1) 344

The license agreement for Visual Studio .NET specifically forbids you from developing a product that significantly duplicates the features of Microsoft Access.

Then again, there is nothing stopping Microsoft from taking the best programs developed for their OS and using it themselves, with the significant exception that they gave that right up long ago in the interest of getting more developers for the platform. Same with Apple.

Blizzard have given you a game and wilfully developed an API for said game so that addon authors can do stuff that Blizzard hadn't thought of. Some addons have been banned and Blizzard have made changes to the API to prevent in-game character automation (think Glider but in-game). These are the rules that addon authors live by. Despite the fact that the Lua source code to your addon is freely visible and only mentions WoW API functions, the addon author is still using Blizzard's IP and trying to charge for it. Unless Blizzard have confered those rights to the addon authors (and I haven't seen any license agreement that says they do), you are using their IP and the addon authors do not have the right to profit from it.

Music

Submission + - Single Mother Victorious against RIAA

Dogggis writes: Tanya Andersen is a disabled single mother living in Oregon with her now 10-year-old daughter. In February 2005, she was sued by the record labels, which accused her of using KaZaA to distribute gangster rap under the handle "gotenkito." Calling the RIAA's case unjustified "as a reasonable exploration of the boundaries of copyright law," a federal magistrate judge late last week awarded former RIAA defendant Tanya Andersen attorneys' fees for her nearly two-and-a-half-year fight against a copyright infringement lawsuit.

http://arstechnica.com/news.ars/post/20070924-victorious-riaa-defendant-gets-attorneys-fees-turns-to-class-action-plans.html
Censorship

Submission + - Firm sues forum to silence critics (smh.com.au)

izz0 writes: In a move that could set a nasty precedent for Australian website operators and their users, a software firm is suing a community website over comments published on its message board. The firm, 2Clix, is suing the owner of the popular broadband community site Whirlpool, Simon Wright, for "injurious falsehood", asking for $150,000 in damages and an injunction requiring Whirlpool to remove forum threads highly critical of 2Clix's accounting software. Dale Clapperton, chairman of the online users lobby group Electronic Frontiers Australia, said 2Clix was using the law to silence its critics. He said if Wright lost "it might mean the end of criticising companies' products and services online", as "any company will be able to demand that people's criticisms of them be deleted off websites, and if they don't comply they'll sue". Amanda Stickley, a senior law lecturer at the Queensland University of Technology, said if 2Clix won there would be severe consequences for website operators as they would have to be "very vigilant in checking material on the website and remove anything that could cause injury to someone's business reputation". In a statement of claim filed with the Supreme Court of Queensland, 2Clix said the comments, published in two threads between between late last year and July this year, led it to sustain "a severe downturn in monthly sales". It specifically referenced more than 30 comments by Whirlpool users, many strongly advising people to avoid the software at all costs and complaining that advertised features were not actually available in the product. One of the comments cited by 2Clix read: "The software became such a problem that we threw it out recently ... We stuck with it for over two years but in the end the many hundreds of lost hours of work and high stress levels was not worth it." 2Clix claimed the statements were both false and malicious, and said it contacted Whirlpool about the matter this year but Whirlpool refused to take the forum threads down. Wright did not respond to requests for comment, while a 2Clix spokesman this morning declined to comment. But Stickley said it would be very difficult for 2Clix to successfully sue Wright for injurious falsehood over comments made by Whirlpool users. It would have to prove the statements were false, that they were made in malice, that 2Clix actually suffered damage in the form of monetary loss and, critically, that Wright had intended to cause 2Clix monetary loss by allowing the material to remain on the website. "I don't think you could actually prove that for a web operator, that they personally intended the damage because of their malicious intention, especially when it's posted by a third party that they've got no relationship to," Stickley said.
The Courts

Submission + - Popular OZ broadband site sued for forum comments

Stony Stevenson writes: Whirlpool, a popular community-run broadband discussion forum, is being sued by accounting software firm 2Clix Australia for alleged "injurious falsehood". The Statement of Claim submitted by 2Clix's legal representatives to the Supreme Court of Queensland, alleges "registered users recorded statements on the Defendant's website relating to the Plaintiff and its software product that are both false and malicious".

If the software company is successful in its claim, it could raise a nasty precedent for Australian website operators and their users. Pundits are are already speculating that if Whirlpool loses, it might mean the end of criticising companies' products and services online.

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