Andrew Magennis wrote: > > 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 > I'd just like to reiterate that Medical Director is the bestest software ever.
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