Persuasive reasoning
07 January 2009
As is apparently common among justices of this country, Vincent JA finds that his Honour's own decisions are 'quite persuasive' (citation omitted; emphasis added). His Honour's learned reflection upon the doctrine of stare decisis is to note that this state of affairs is not unexpected. Hat tip to Myles for sending in this gem of self-reflexive judicial wit.
Perhaps not unsurprisingly, I find my own reasoning in Arundell quite persuasive and am comforted that other members of the Court agree that the decision was correct.
Citation: R v Roussety [2008] VSCA 259 (Unreported, Vincent, Nettle, Ashley, Redlich and Weinberg JJA, 17 December 2008)
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What do you think of the iiNet decision?
Today Justice Cowdroy handed down judgment in the long-running iiNet litigation, completely dismissing the copyright owners’ complaint against the Perth-based ISP and ordering them to pay costs. His Honour held that iiNet did not authorise the P2P infringements simply by providing internet access, even though it may have known about them. See the summary post for more details. What’s your immediate reaction?
Eminently sensible
67% (4 votes)
Right outcome, wrong reasons
17% (1 vote)
A step backwards
17% (1 vote)
Completely bonkers
0% (0 votes)
Total voters: 6
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