I'm just going to put this here so that any one in the legal fraternity that wants to send the info to the EFF might do so.
It's basically a link to section 9 of the Defamation Act 2005 (SA) - [which is the same for all jurisdictions within Australia] - that shows who can and CANNOT initiate the tort of defamation within SA (And Australia)..
Might be handy for people to read and understand exactly what sort of bullshit GEMSA, and there ...WTF was that letter from the solicitors - legal advisers are shovelling here.
As someone who has known Assange since he was a 15yr old teen he is still to this day a narcissistic twat who thinks the world owes him a favour.
Yes Wikileaks is overall a good thing, just Assange didn't actually incubate or start the idea behind it, he's just the only one who had the ego to be front and centre (no-one else wanted to for good reasons).
Basically he has NEVER grown up from that smartass teenage stage where he thought he was the centre of the universe and a great cracker of code... newsflash - he wasn't.
The case itself has resulted in one of the greatest Australian legal documents EVER!
for example [at 5]
(iv) That the plaintiff, by reason of his mullet hairstyle, has justifiably exposed himself to ridicule by the public. (v) The plaintiff is a joke. (vi) The plaintiff is a ridiculous person. (vii) The plaintiff is hideously ugly. (viii) The plaintiff is a ridiculous person because he wears a silly haircut.
Looking as a non American at the forerunners and idiots that are likely to be elected to the American Presidency (IMO Hillary is the best of the two idiots) I for one would welcome "ridiculous lizard people" running the USA.
It couldn't be any worse than it is now for the rest of the world.
This is more akin to the common law tort of 'passing off', or in this instance 'Reverse passing off' as in John Roberts Powers School v Tessensohn  FSR 947.
Though admittedly this is a specifically not a normally used American tort AFAIK. (Edited after a bit of research during writing: It seems you do have something similar within the Lanham Act in the USA as per the Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003)
Oh and before anyone says it, "passing off' is NOT specifically about trademarks etc. It's about services and/or goods that are (in this instance) being falsely misrepresented as one's own. The attorney who allegedly copied the brief near verbatim without citation would of been billing there client for this and is therefore committing something both unethical and potentially unlawful under 'passing off'.
Not sure why NewEgg are going this specific copyright route though. (If Mr Cheng reads this and uses Dastar I promise I wont scream infringement ;) )
Awesome how you refer to Article 19 and don't then also acknowledge that Article IV needs to be shown as well. ie: Were the monies etc actually illegally obtained under New Zealand law.
Candour isn't part of your thing is it?
Extradition shall be granted only if the evidence be found sufficient, according to the laws of the place where the person sought shall be found, either to justify his committal for trial if the offense of which he is accused had been committed in that place or to prove that he is the person convicted by the courts of the requesting Party.
Being a court approved, sanctioned and controlled live stream (well 20min delay but that's appropriate) means that no DMCA notice could EVER be applied due to the courts absolute immunity. They could play every Disney movie ever made as evidence, as long as it was relevant, and Disney et.al could do Sweet FA.
No, hacking implies that the system was not in your control, and was taken over nefariously or by other non legal means, when in fact it was in the full legal control of the QLD police (with oversight from the Australian Federal Police in fact too).
IF they obtained access to a server without the owners knowledge then that is 'hacking' whereas here the owner was fully aware since he gave up the server as part of the arrest with all access codes and other necessary knowledge to control and run the server. This was a honeypot structure pure and simple and under Australian law quite legal, no matter what American law might scream about in regards to problems with the 5th, 4th or even 1st amendment.
No matter the spin our Government and ABS idiots are trying to state. There is currently NO evidence whatsoever of any DDoS attacks occurring into Australia in regards to the census site on the day in question.
The only DDoS that is likely to have occurred is that more than 1million people tried to access the server that was only rated for a load of 750,000 per hr (there are over 5million households in Aust) and even then it was continuosly failing under stress testing previously.
IBM is somewhat to blame here, but mostly the blame goes immediately and squarely at the feet of the idiots in the ABS and the current Federal Govt who thatoght this was a good idea.
Don't get me started on the identification privacy issues. I am refusing to give name, address and birth date for anyone in my household at the time the snapshot is required. They can, like a few thousand (actually more ..much more than that) of us who have refused come play the game with us in court if they so wish to prosecute. The Act(s) in question are very specific on what is and what isn't needed in a census. Identifying information are Not part of it.
> (PETA) to argue on behalf of an Indonesian non-human in a US court makes even less sense
You have just included PETA and the phrase "makes even less sense" in a sentence.. This is a standard and highly approved way of thinking whenever PETA does anything :)
As for the rest, Yes it's dumb, but PETA are a US Centric organisation, and they know under Indonesian law that interestingly the animal in question is still classified as a chattel and therefore it could be argued, and most likely would be, that the actual picture, though still having no copyright, is actually OWNED and could therefore be licensed, by the Indonesian Government.