I don't know what the solution to this problem is, so I am just going to throw this problem out there are see what people think.
I have noticed a lot of dissagreement and down voting on legal points due to (I assume) a misunderstanding of Australian law. This is particularly prevalent where Intelectual Property issues are involved.
Today's example can be seen here:
http://www.ozbargain.com.au/node/113411#comment-1544968
Does anyone else think this is a problem?
Same thing happens with consumer protections in any thread where someone is complaining about a warranty.
As a lawyer you can always tell when someone is pretending to be one (or, more likely, is a first year law student). See for example this thread: http://www.ozbargain.com.au/node/110976?page=1 where someone starts quoting Hollis v Vabu.
Taking legal advice over the internet is not the best idea.
Bruce, I agree with you. It was pretty obvious from this morning's example that people just wanted to find a loophole to give their friends keys they received from the bundle.
Next time, just ask the internetz lawyer to post their Solicitor/Barrister ID. And sign off on it. And put it in writing in an email.
Also, agree with one man clan. Lawyers hardly quote cases in their advices, except for the most detailed, lengthy advices. Only law students would whip out a case on a public internet forum.
Does anyone else think this is a problem?
If it were, what then?
I completely agree. Prima Facie. All legal eagles on websites should be considered to be giving false and misleading advice Actus Rea.
If we listen to misleading adviced from untrained idiots we will get situations such as in
Behrens v Bertram Mills Circus Ltd. [1957] 2 QB 1
and end up with circus midgets getting trampled by performing elephants due to the stupidity of others.
As a bit of a worry wart, personally I like to get a broad range of advice if any legal issue crops up for me. It helps to weed out the good advice from the bad. If anything was really serious of course I'd pay for solicitors advice. Usually that isn't necessary though. Very much appreciate having level headed professionals that some Ozbargainers are to sound things out with. If potential loss from bad advice is significant always pay for advice.
I haven't been on a discussion forum where there weren't Internet lawyers. That's followed by Internet doctors and Internet nutritionists.
In the discussion you cited, neither side of the argument has provided a link. To the layperson, whether or not the license agreement allows you to give away a key hasn't been proved either way (in those few comments anyway). Just a bunch of opinions.