Archive | August, 2008

Phil Burgess exits Telstra

Phil Burgess, one of Sol Trujillo’s famous ‘amigos’ has announced his return to the States at the end of August 2008.

In three years as Telstra’s main spokesperson, Burgess won respect for his fierce prosecution of Telstra’s positions.  He also drove us to distraction with his one-sided rhetoric.

Here’s a report from my ‘Hands On’ AFR column on one of Burgess’ classic efforts in March 2007.

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Seems nobody at 3 has a grandma

A wise journo once advised me to write as if my dear old grandma was the audience.  Judging by 3′s latest effort at explaining a wireless broadband offer, it seems nobody has explained the virtues of clarity to them.

When a monthly $39 plan could easily cost you a couple of thousand bucks, marketing and legal need to work hard to design a clear explanation.

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How not to be an accidental insurer

Quiz question:  Liability caps for contribution to third party claims are-

(a)   hardly understood by anybody

(b)  extremely important in contracts

(c)   a fast way to accidentally turn your company into an insurance business

(d)  very expensive if you get them wrong

(e)  all of the above.

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Do Not Call Register set to increase its reach

The Australian Communications and Media Authority has released a discussion paper on possible extensions of eligibility to join the Do Not Call Register.

It goes as far as the idea that all Australia phone numbers could be allowed to register.

There’s a short period for public submissions.

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Privacy law changes on their way

The blueprint for major changes to Australian privacy law was released last Monday.  It may take as long as 18 months for new laws to arrive, but it’s a sure thing.

In a new series of posts, Peter Moon will highlight some key recommendations that the Australian Law Reform Commission has made to Canberra.

First, we’ll look at three big ones that headline the report.

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NDAs … Worth the paper they’re written on ?


An ISP asked us this week whether the pile of non-disclosure agreements they have signed have any value to anyone.

The answer is ‘yes’ if you understand what an NDA can and can’t achieve.  Peter Moon explains …

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ISPs and copyright enforcement – let’s remember the facts

International copyright owners are calling on Aussie ISPs to support a UK-style self-regulatory scheme for disciplining alleged copyright breachers.

But the scheme is at odds with the US approach to the same problem, and Australia four years ago decided to follow the US model.  Why would local ISPs volunteer for a hybrid solution now, just because some elements of the UK system suit some stakeholders better ?

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When is a cap not a cap ? When it’s really a floor.

I’ve been around the industry a long time now, and seen plenty of times its regulation is unreasonable and illogical.  But I side with the consumer on the use of the word ‘cap’ to mean ‘minimum charge’.

Here’s an article I wrote about it recently in my weekly Hands On column in the Australian Financial Review.

“We seldom use this column to advertise legal services, but duty demands that we don’t hide this offer under a bushel.  We’ll service any telco’s legal needs for an amazing $100 a month on our amazing Hands On $100 Legal Fees Cap Plan.  We’ll do it for Telstra.  We’ll do it for Optus. We’ll do it for Vodafone. We’ll do it for anyone.  Your monthly $100 spend gets you an amazing $50,000 in included services.  Just amazing.”

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Talk about tangled up ! Sorry, Voda. Your prepay contract terms don’t work.

A thread on Whirlpool about early termination fees under Vodafone mobile prepays led us into the maze of Voda’s complex contract terms.  And guess what ?  They don’t say what Voda thinks they say.

It’s a great lesson to telcos and their lawyers … Super-complex contracts don’t only confuse your customers.

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