Dear Peter,
You appear to be the only named contact for this new list and so I write
to you to make a few observations which I request that you pass onto the
list "owner".
I have sent this to the GPCG list as this is where this new list seemed
to be launched and I also hope that the readers of this list might also
appreciate the comments.
In the first instance let me say that I have no particular problem with
the creation of a list to talk about any subject. Open debate,
generally speaking, is healthy and constructive.
However all involved ought to be aware that:
1. Any list or website along these lines where users are led to
believe they can say anything and everything; or where an observer may
reasonably believe the site is the property of another company such as
Health Communication Network Limited may result in "misleading and
deceptive conduct" which is a contravention of the /Trade Practices Act/.
2. The use of registered and/or unregistered trademarks such as
those owned by Health Communication Network Limited without the express
permission of the trademark owner is a violation of intellectual
property law.
3. The appearance of the site and what it purports to be may be
"passing off" which is a contravention of the /Trade Practices Act/.
This could occur for example if an observer reasonably believes the
site is the property of another company such as Health Communication
Network Limited.
4. The attempt to contract out of "libel" law may itself be
misleading and deceptive conduct. Firstly "libel" is a USA legal term
of no legal relevance in Australia where instead we refer to
"defamation". Secondly and more importantly whether in the USA or
Australia a person can not contract out of libel or defamation.
Irrespective of your subscription agreement users therefore will be
exposed if guilty of defamation. Thirdly, a recent case in Australia
established that websites hosted overseas, such as yours, but accessible
in Australia are subject to Australian law. The particular case was in
relation to defamation.
5. Finally, defamation relates to individuals not corporations.
The relevant law relating to corporations is referred to as "injurious
falsehood" where like defamation anyone found guilty of same is liable
for damages and costs.
I hope you and potential subscribers to the list find this information
useful.
Also, I would like to encourage users of HCN software to consider that
communications directly to HCN would be a better way to advise of
problems and/or make suggestions for change. HCN has a number of both
formal and informal communication channels and endeavours to use these
to provide assistance to users and respond to constructive feedback.
Nevertheless, I would hope that should any constructive critique appear
on the lists, that in your, or the list owners belief, would assist
HCN's users or others if they knew of it, that such critique would be
forwarded to the company as a matter of courtesy.
Best regards
Andrew
Dr. Andrew Magennis
M.B.,B.S. B.Sc (Hons) Dip. R.A.C.O.G.
Medical Director
Health Communication Network
Contact
Work Tel: 03 9810 4510
Work Fax: 03 9819 3263
Mobile: 0417 135 302
Home Fax: 03 9882 3251
Email: [EMAIL PROTECTED]
Web: www.hcn.com.au
Peter Machell wrote:
On 04/01/2007, at 6:18 AM, Elizabeth Dodd wrote:
not that i'm interested, but for some reason it is referring to
ozdocit.org
strongly suggesting that it is hosted on ozdocit.org
Yes, it's on ozdocit.org so I had some part in setting it up.
I respected the administrator's request for anonymity, with the
condition that the last word is up to Horst, who may have a different
opinion when he returns from his life. Whilst I don't want to speak
for Horst, I don't think he'll have any problem with this.
Peter.
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