[H-GEN] Fwd: Police Censorship Bill and Whirlpool Lawsuit

[James C. McPherson]

Res wrote:
> The likes of whingepool, who are setup specifically for whingers of 
> ISP's (think tesltra 3G limit and then optus's netstat limit), must 
> accept this risk when their users post negative comments about anything.
> 
> However having reads the 2clix comments, its seems their is some 
> justification, in that their product is crap and does not do what they 
> claim, but the fact remains if you provide a forum you accept libel 
> responsibility on behalf of your users, whingepool has had so much 
> libelous tripe posted it was only a mater of time before they were made 
> to answer for it. Itis a shame 2clix withdraw the suite, only for that 
> basis.

I am surprised by your comments - they indicate a
distinct lack of understanding about the wider
issues involved with the 2clix case.

Whirlpool is *not* just for whingers, it provides
a means for anybody to talk about their ISP and any
other matter related to broadband access in Australia.
Yes, that does include people who are dissatisfied
and wish to express that. Fortunately for the industry,
there are a heckuvalot of ISP staffers who are regular
posters to whirlpool and who do appear to pass the
whirlpool-sourced feedback to their employers. This
is *exactly* what the industry needs. As far as I can
discern, the "average ISP" - if there is such an entity -
actually appreciates this and values the feedback.

You do not appear to understand the way that libel
laws in this country work, and that lawsuits such
as the one which 2clix started have distinctly chilling
effects which flow on to everybody in this nation,
whether they use the internet or not.

Unfortunately for the internet age, I do not think
that the libel laws of this nation have kept pace.



James C. McPherson
--
Solaris kernel software engineer, system admin and troubleshooter
               http://www.jmcp.homeunix.com/blog
Find me on LinkedIn @ http://www.linkedin.com/in/jamescmcpherson