Lawyers representing TV Week, a publication owned by the Scientologist James Packer (who is best mates with Tom Cruise) have sent cease and desist to a number of Australian blogs in relation to the campaign to have Simon “HotDogs” Deering voted for a Gold Logie at the 2006 TV Week Logie Awards.
TV Week Lawyer Kevin Lynch wrote this in a letter to Kate at Because You Wanted It:
“By the unauthorised use of our client’s logo and the inclusion of a link to the TV Week online voting site, the website implies an association with TV Week. Such conduct is in breach of Section 53 of the Trade Practices Act.”
That’s right, apparently they are now claiming that linking to TV Week is in breach of the Trade Practices Act!!!
They’ve obviously never read the Copyright Act of 1968 (cth) or looked at the legal precedent of fair dealing.
It’s also interesting that they are threatening Kate given her blog is hosted in the US and would therefore become subject to US laws regarding Fair Use.
Anyhow, if you are as outraged as I am by this crap, make sure you link to TV Week and have your say on this! After all, only a complete and utter moron, or a corporate lawyer who wants to intimidate bloggers, could write that linking to a site implies a relationship and therefore is in breach of the Trade Practices Act.