By using this site, you agree to our Privacy Policy and our Terms of Use. Close
bowspearer on 19 April 2010
Edit Thread
Spankey said:
bowspearer said:
Spankey said:
bowspearer said:
 

Actually, the ACCC looks like it's currently building a case against Sony.

then why no injunction against Sony yet to halt the distribution of 3.21 pending legal inquiry?

Because they are still building a case, and I suspect they want to make sure everything is iron clad. The ACCC's official response is that they're unable to respond at this point of time. Them acting prematurely would be as foolish as police arresting someone for a crime when they were still in the process of gathering concrete evidence. It's a similar situation to the end of last year where I was the victim of a violent crime. Police did not want to move until their case was rock solid. What resulted was that my perpetrator was forced to plead guilty. The same holds true with this situation.

they could still ask for an interim interdict, providing that remedy is available in the jurisdiction they are filing (or going to file) the complaint against Sony.

the courts can issue it sometimes in a day if they show that they have a prima facie right exists and a reasonable apprehention that the right is being and will continue to be infringed before the main case even gets to court.

unfortunately, I don't think the above can be shown by the complainants, so now if they are going forward with this court case, it's going to be be difficult to show it's not a waste of the courts time and money.

imo.

 

 

Except that you're being overly simplistic in your analysis. The fact is that the way Sony will be able to wriggle out of this is through some technicality or loophole. If the ACCC act prematurely, they risk giving corporate high paid lawyers a crack in the armour to turn into a mile wide loophole. The law in this case is clear cut and Sony have clearly breached it. However the legal system is every bit as much about the way things can be twisted as it is about actual law. That's the reality you seem to be overlooking.