Andrew, You are only convincing me that HCN is in trouble, you must be bleeding users (to BP I suspect) for you to act in such a legal sounding manner in this open forum. Your desperate sales staff calling my clients (repeatedly) trying to convince them to upgrade to MD3 was what first raised my suspicions. So here's the challange, Restore those priviliges that have been removed over the years and let some techs like myself join your forums. or go away and stop your hopeless commercial dribble in this forum. Andrew C Gold Coast.
_____ From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Andrew Magennis Sent: Friday, 5 January 2007 7:24 PM To: General Practice Computing Group Talk Subject: Re: [GPCG_TALK] New HCN Mailing List Etc 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: <!--[if !supportLists]-->1. <!--[endif]-->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. <!--[if !supportLists]-->2. <!--[endif]-->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. <!--[if !supportLists]-->3. <!--[endif]-->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. <!--[if !supportLists]-->4. <!--[endif]-->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. <!--[if !supportLists]-->5. <!--[endif]-->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. _______________________________________________ Gpcg_talk mailing list [email protected] http://ozdocit.org/cgi-bin/mailman/listinfo/gpcg_talk
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