[Linux-aus] Things not to post to planet linux australia

Andy White andy at lgsolutions.com.au
Thu Mar 26 15:33:12 EST 2009


Russell,

It's generally considered bad form to put your ISP at risk  
unnecessarily.

You say that LA should show some more spine on this issue - why?  
That's not the purpose for which LA exists, to the best of my  
knowledge. If you want to make a statement, you're free post the list  
on your blog; LA as an organisation is well within its rights to  
follow legal advice that it's been given (whether or not that advice  
is correct is another issue).

Moreover, it SHOULD do so - we're about advocating Free and Open  
Source Software, not Fighting The Man. There's appropriate avenues for  
that sort of speech, and at least IMO, LA doesn't need to be one of  
them.

Andy White
e: andy at lgsolutions.com.au
m: +61 411246100




On 26/03/2009, at 12:36 PM, Russell Stuart wrote:

> On Thu, 2009-03-26 at 10:28 +1030, Michael Davies wrote:
>> Really?  You want our organisation to take higher-than-average legal
>> risks for your freedom of speech?  Interesting.
>
> I don't know if I would do that.  It is a bit hard to say.  For  
> example,
> if someone was to post something that was clearly illegal under
> Australian law, such as child porn, I would strongly support  
> Stewart.  I
> would do that despite my strong personal feelings on free speech.
>
>> Going down that path may see long time volunteers reassess their
>> involvement so as to minimse their personal risks.
>
> There is only one risk.  It is to the ISP that hosts the web site -  
> not
> LA unless they are one and the same.  That risk is after LA and the  
> ISP
> receive a link deletion notice, LA doesn't remove the link and the ISP
> doesn't take down the site.  In that case the ISP is libel for fines  
> of
> $11K per day.  LA is not libel for anything.  As I said, the odds of
> this happening at all seem pretty remote given the transient nature of
> planet.linux.org.au and the slow rate the ACMA does things.
>
> So this isn't about minimising risks.  This is about running like a
> frighten field mouse when a bellicose minister makes unsubstantiated
> threats in a newspaper.  Surely LA can display a bit more spine in the
> face of adversity.
>
> Perhaps that is putting things a bit strongly, and to be fair I am  
> sure
> Stewart has a lot of reasons for deciding to take the action he did.
> Hopefully he will explain them here.
>
>
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