[AusNOG] Telstra fined $18m for blocking access to its exchanges.
kauer at biplane.com.au
Thu Jul 29 08:51:23 EST 2010
On Wed, 2010-07-28 at 16:56 +1000, Nick Slager wrote:
> "The ACCC has failed to prove any actual loss being sustained by the
> access seekers," Justice Middleton said.
> No loss? Doubtless the devil is in the details.
The key is the word "prove". No matter how blindingly obvious it may
seem, no matter how clear the fact is to those with expert knowledge, an
inference is not enough. There has to be a clear, proven link between
the actions of one party and the loss to another party. And even if such
a link exists, if noone actually tells the Court about it, it might as
well NOT exist.
It happens often - the plaintiff regards the offence, once proven, as
leading "obviously" to damage, and so fails to put the necessary effort
into actually joining the dots for the Court.
Also, the ACCC itself, the party bringing the case, presumably did NOT
suffer any damage.
Karl Auer (kauer at biplane.com.au) +61-2-64957160 (h)
http://www.biplane.com.au/kauer/ +61-428-957160 (mob)
GPG fingerprint: B386 7819 B227 2961 8301 C5A9 2EBC 754B CD97 0156
Old fingerprint: 07F3 1DF9 9D45 8BCD 7DD5 00CE 4A44 6A03 F43A 7DEF
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