Archive | February, 2009

New consumer law will punch holes in ISP / telco contracts

scales-unbalancedLast August, we explained that the Ministerial Council on Consumer Affairs had generally accepted a Federal Productivity Commission recommendation for a national ‘unfair contracts’ law.

Canberra now says it will fast track the new law.  Expect a bill in Parliament by June 2009, and a new law in force from 1 January 2010.  As part of the process, an important discussion paper is now available.

Make no mistake.  The new law will force a re-think of most ISP and telco standard contracts in Australia.  Many everyday, standard terms will be at risk, or even completely banned.

It will also require Consumer Affairs Victoria to review its approach to unfair contracts.

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ISP copyright infringement – victory in NZ? … maybe not

131304_victory_signWith copyright infringement and ISPs a hot issue at the moment, we were interested to hear some news from New Zealand on the topic.

Online civil liberty group, Electronic Frontiers Australia, reports on a ‘remarkable victory’ by ISPs in New Zealand in relation to what EFA calls ‘guilt upon accusation’ laws.

Sounds promising, we thought, as we followed the link in our RSS reader.

Problem is, when we got there, we couldn’t figure out what was particularly remarkable or victorious.

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Finance company doesn’t even know it funds telco bundles

dumb2A national lender claims that it has no idea it has been involved in financing telco bundling deals.

Nope, it says, we only finance equipment.  We have nothing to do with any bundled telephone services.  Dunno what you’re talking about.

We wonder if they will wake up after they see a copy of one of the telco services contracts that was paired with one of their own finance agreements.  Or will they just revert to their ‘We want money! You gotta pay!’ mantra ?

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Big banks in denial over telco scam

bankWe reported in November 2008 that there’s increasing evidence that big name banks will be embroiled in the telco equipment financing scam that ripped through Australian SMEs in 2007/8.

The scam relied on major financiers being gullible and greedy enough to allow shysters they barely knew to sign up new business for them.  With a source of funds secured, two-bit companies flogged outrageously dodgy finance deals to unsuspecting businesses.

Many of these operators broke the law to get deals done.  We’ve heard from two unrelated victims who assure us that their signatures were forged on key documents.  That wouldn’t impress us so much if one of them hadn’t produced a statement from a former salesman at one of the shyster finance companies, confirming that there was a practice of ‘completing’ signatures for customers.

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TPG pays the price of dodgy advertising

accc-bustSometimes we feel a bit sorry for companies that fall foul of ACCC.  They’re small.  They are naïve.  They really didn’t know they were breaking the law.

But how sorry can we be for TPG, whose advertisements in late 2008 could hardly have seemed more determined to sail close to the trade practices wind, and beyond ?

Now ACCC has taken the company to task.  We’ll explain what happened and its consequences in plain english.

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An alternative to internet filtering ?

sid_logoDespite massive opposition from the public and internet users, to ISP level internet filtering, the Government is pressing on with its internet filtering trials.

We don’t yet know what the result of these trials will be, but the Europeans have developed an alternate approach to the issue of protecting children from harmful content online.

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Bush Fire Relief Fund – Please Help

Country Victoria was the scene of Australia’s greatest ever natural disaster over the weekend. More than 100 people have lost their lives and many more have been left injured and homeless.

We at CSP Central encourage everyone to dig deep and support the victims of this disaster. You can help by supporting the Red Cross 2009 Bush Fire Appeal or other charities that are helping the victims.

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iiNet copyright trial booked in for October. ‘Can we talk about it ?’ asks iiNet.

1099457_ciakIn the Federal Court in Sydney this morning, Justice Cowdroy booked at least 14 court hearing days starting on 6 October 2009 for the full trial of the iiNet copyright case.

View today’s court orders.

Trial dates can be moved for a variety of reasons, but the judge has previously indicated an intention to get the case resolved promptly.

There will also be a Directions Hearing on 29 July to deal with any further matters that are required before trial. 

In the meantime, iiNet has approached the copyright owners with a suggestion that they sit around a table with a mediator and attempt to negotiate an outcome.  We’re not surprised that the company’s gung ho attitude to a court battle has softened.  The copyright owners have said they’ll think about it, but won’t agree to anything that delays the formal trial.

More information and expert analysis to follow.

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