[thelist] Legality issues re: online community calendar

michael ensor edc at wnc.quik.co.nz
Sat Dec 14 15:35:01 CST 2002

The relevant point about defamation is "publication" not contract law.

The pages were available in Australia, ie 'published' there

The fact that Oz's defamation laws are more onerous than the US of course
had nothing to do with it [tongue in cheek].The defence of fair comment /
reasonable belief is not available in many jurisdictions.

It is very logical when you think about it: The person in question if he
sued in New York State would be pushed to establish harm to his reputation
there ( who gives a toss?) but lives and works in Australia and the harm to
his reputation was done there.
> 'Australia's highest court has ruled that a man in Melbourne can sue Dow
> Jones for an article posted on the company's site but not actually printed
> in Australia'
> Australian court's upside-down Internet ruling
> <http://www.siliconvalley.com/mld/siliconvalley/business/columnists/
> dan_gillmor/4719319.htm>
> 2. "The edition of Barron's Online for 28 October 2000 (and the equivalent
> edition of the magazine which bore the date 30 October 2000) contained an
> article entitled "Unholy Gains" in which several references were made to
> respondent, Mr Joseph Gutnick. Mr Gutnick contends that part of the
> defamed him."
> http://www.austlii.edu.au/au/cases/cth/high_ct/2002/56.html
> What is so potentially destructive about this is not Gutnick's whining
> defamation, but that the suit is being allowed to be heard. One of the
> STANDARD clauses in any contract is the 'Applicable Law and Juristictional
> Matters' portion of the contract.
> This outlines where you can sue me as a result of our not working out our
> differences. In my case, it's Phoenix, Arizona. So if you want a piece of
> me, come on down! the weather is great!
> (This is one of the reasons that developers really really want to have a
> contract!)
> By allowing this to stand, this will probably create the end of the Web,
> sitting at my desk, some bottom feeder can decide that they want to sue me
> somewhere in China. In my case, I will be happy to respond, I'll just send
> my bankruptcy papers with the acknowledgment of service.
> And will make your lawsuit fears into a real possibility.
> the head lemur
> News: http://www.lemurzone.com/news/
> Interviews: http://www.lemurzone.com/pixelview/
> Standards: http://webstandards.org
> Community: http://www.evolt.org
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