OT: Spamhaus petition rejected - followup from previous discussion

[Res]

On Tue, 24 Oct 2006, Richard Frovarp wrote:

> Res wrote:
>> On Mon, 23 Oct 2006, Michael Masse wrote:
>> 
>>> http://management.silicon.com/government/0,39024677,39163463,00.htm
>> 
>> typical yanks, why is it they think the rest of the world is subject to 
>> their courts jurisdiction. one day they'll wake up and smell the coffee, 
>> they are not earths governing body despite what they think :)

> Because Spamhaus said so! They told the state court they have no 
> jurisdiction. They asked for the case to be moved to the federal court. Then 
> they decided that the federal court didn't have jurisdiction, and didn't show

They prolly got better legal advice that said WTF are you doing.
if they are UK based which they are, then the best this low life scumbag 
spammer company can do, is to challenge SH in the UK court system.


> I would check out Dow Jones & Co. Inc v Gutnick. This case didn't go all the 
> way to judgment, but the High Court of Australia decided unanimously that 
> content on US servers could count as defamation in Australia. Dow Jones

That was an interesting case, yes, but it differs because ...

"His Honour concluded that the statements of which Mr Gutnick sought to
        complain were "published in the State of Victoria when downloaded
        by Dow Jones subscribers who had met Dow Jones's payment and
        performance conditions and by the use of their passwords".  "

So In essence DJ were providing a paid service to Australian 
residents.

If it was a free access site good chance DJ would have got away with it.
If DJ did not offer payment for services in this country they would have 
got away with it.
If they did not import the W.S.J into Australia they would have got away 
with it. (I'm suprised that was not mentioned)

S.H do not charge for the use of their service so would not be in the same 
class as this case.

The Australian Spam Act is what protects SH here, just like the courts 
here threw out that well known t3 direct spam group when they tried to do 
something along the same sort of lines.

-- 
Cheers
Res

"Just a world that we all must share, it's not enough just to stand and
stare, is it only a dream that there'll be no more turning away" - Floyd