On 22/09/2007, Mark Roberts <[EMAIL PROTECTED]> wrote:

> Seems like a photographer rather than a lawyer, but he's definitely
> right about this: *Intent* is crucial. Unless the plaintiffs can prove
> that, Virgin is pretty safe. (At least in Australian courts, I'd wager:
> If the truly frivolous action against Virgin U.S. is allowed to
> continue there'll be a big out-of-court settlement. Which is the goal
> of the whole exercise, really.)

Indeed and the International divide makes it oh so more attractive.

> The really interesting part of the thing will be seeing if they can con
> the judge into keeping Creative Commons and the U.S. arm of Virgin in
> the suit, because that's where the money lies and the plaintiffs know
> it. Can any of our Aussie list members tell us if the Australian legal
> system make losers pay the costs of lawsuits, like in the UK? The
> inclusion of Virgin's US division in this suit makes me suspect the
> answer to that question...
> :)

Yes.

-- 
Rob Studdert
HURSTVILLE AUSTRALIA
Tel +61-2-9554-4110 UTC(GMT) +10 Hours
[EMAIL PROTECTED]
http://picasaweb.google.com/distudio/PESO
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Pentax user since 1986, PDMLer since 1998

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