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Blogger v Goliath
23:31 Sunday 22nd November 2009
Battle lines drawn for internet defamation showdown, read all about it here.
Internet defamation
23:41 Thursday 29th October 2009
Bruce Everiss runs a blog about computer games. In July this year he posted some comments about an online game called Evony. Evony didn’t like what Bruce had to say and they sued him for defamation. Bruce lives in the UK. Evony LLC is incorporated in Delaware in the US. So why the heck are they suing him in New South Wales?
Several years ago the Australian High Court allowed Joe Gutnick to sue US-based Dow Jones for defamation in Victoria, relating to comments published on the internet in Barrons Online. Joe Gutnick lived in Victoria and arguably risked the greatest damage to his reputation in his home state. It’s hard to see how this might translate to a US company suing a UK blogger in Australia.
Damian, Hannah and Sally are acting for Bruce as he opposes the Court’s jurisdiction. With the social networking and online games industries booming, the potential impact of this case is massive. If Evony LLC is allowed to pursue Bruce in Australia, floodgates may open for a global wave of defamation-tourism. Plaintiffs would be able to pick the most favourable jurisdiction and provided they can show someone downloaded the publication there, they are set. Once your comments are online, you can’t control the countries in which they’re read. Today, backyard blogger. Tomorrow, defending proceedings in Timbuktu.
Anyone responsible for content on the internet should be concerned. Not just news reporters and bloggers. Online games providers, social networking sites and other online communities are all sources of large volumes of potentially defamatory content. And they could all be in the firing line if Evony wins.
International Arbitration Update
05:06 Monday 3rd August 2009
international-arbitration-update-april-2009.pdf
Getting the Deal Through 2009 - Arbitration in Australia
06:10 Friday 31st July 2009
Dispute Resolution Update - Good faith clauses
08:39 Monday 27th July 2009
dispute-resolution-update-good-faith-clauses.pdf
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