All Archives / aussie-isp / 2004-04
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Date: Fri, 02 Apr 2004 09:20:17 +0930
From: David Newall
To: Oz Isp
Message-Id: <courier.406CAABA.00003237@mail.rebel.net.au>
In-Reply-To: <406C1CE9.2070104@iss.net.au>
References: <406C1CE9.2070104@iss.net.au>
Subject: [Oz-ISP] Re: TIO sparks concern over broadband transfers
No followups recorded.

> But unauthorised transfer is not always illegal. The main remedy for an
> unrequested transfer, which can often be a mistake, is reversal.

If somebody supplies you with a service that you never asked for it's a
gift.  You're under no obligation to pay for it, and you can sue for any
incidental or consequential damage you suffer.  So if you are "churned" to a
different ISP just don't pay.  If your service is disconnected, sue.  If the
ISP is so large that your damages are no real penalty then seek punitive
damages large enough that they do hurt the ISP.  There's plenty of case law
to back this up (including houses accidentally built on the wrong block of
land.)

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