[AusNOG] AFACT logged an appeal

[Darren Moss]

Jeremy,

Whilst I (and I'm sure many others) don't agree with AFACT and their appeal action, the legal process is open in a way that benefits all parties.

If iiNet was on the losing end of the last court order handed down, we would surely want an appeal path to provide further particulars or improve the defence.

Whilst the court process is expensive even for the most basic matter, it does provide the best legally recognised process (other than mediation) to have a complaint heard and dealt with.

Unfortunately for AFACT, it is going to be an uphill battle, and along the way they are going to lose the support of many Australians who are watching with interest not only for themselves, but in support of iiNet who is an ISP - not a traffic filtering system for the film industry.

AFACT winning the appeal would be a disaster for many organisations on this list.

Let's hope commonsense prevails, again.


Regards, 
 
 
Darren Moss
General Manager
Australia and New Zealand
[p] 1300 131 083 [f] 03 9017 2287
[e] Darren.Moss at em3.com.au [w] www.em3.com.au

em3 People and Technology | Managed Technology Experts
postal: PO Box 2333, Moorabbin VIC 3189

New Zealand Airedale Street, Auckland City
postal: PO Box 39573, Howick 2045
[p] 09 887 0550 [f] 09 887 0273


-----Original Message-----
From: ausnog-bounces at lists.ausnog.net [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of Jeremy Visser
Sent: 2010-02-25 12:59 pm
To: ausnog at lists.ausnog.net
Subject: Re: [AusNOG] AFACT logged an appeal

On 25/02/10 12:32, Julian DeMarchi wrote:
> Why waste more money?????????

Or, rather, what is the purpose of a democracy and legal system when those with money can just keep appealing until they get a verdict they agree with.

Maybe I haven't seen enough non-technical court cases, but all I ever see "appeals" being used for is getting your own way, rather than receiving what is supposed to be just.

Maybe this is an unreasonable or naïve expectation, but shouldn't the judge make the right decision in the first place, and leave it at that?