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A Victim Of The System?
There are few people in the local Internet industry who won't recognise the name Alan Brown.

Alan is the man behind the ORBS anti-spam service and last year he picked a fight with former Domainz CEO Patrick O'Brien, who responded by filing a defamation suit with the company's full financial backing.

Brown was strongly critical of O'Brien's management style and made some very blunt statements in respect to his abilities and attitudes.

Despite protests from members of ISOCNZ, the society which owns Domainz, the registry continues funding what amounts to a private prosecution. The crazy thing is that, when you think about it, these legal costs have effectively become a tax paid by all those who have registered dot-nz domain names.

Because of this, it would appear that Brown is, at least in part, funding the action being taken against him -- how ironic is that?

Readers Say (updated hourly) Bork Bork Bork!... - Jamie ISOCNZ funding OBrien case... - Mark Have Your Say

Of course some will say that if Brown had been a little less blunt and outspoken, he wouldn't be facing potential financial ruin at the hands of O'Brien's lawyers -- but then again, it could be argued that without Brown's forthright criticisms, we might not be enjoying the improvements in attitude and service Domainz now delivers since the former CEO departed.

Brown's predicament appears to be a glaring example of the deficiencies of a legal system in which he with the deepest pockets stands the greatest chance of winning.

According to Brown, he's run out of money with which to hire a defense lawyer and he says that the judge refuses to accept defense submissions if they're not made by a lawyer.

How can this be?

Are civil matters treated like a game of five-card-stud by the courts? Even if you have a losing hand you can still win by raising the bet until your opponent can no longer match them?

I'd like some feedback from readers on the following points:

• Should ISOCNZ (by way of Domainz) be funding the case against Brown?
• Would you support ISOCNZ forcing Domainz to withdraw funding, even if they might face a law suit for doing so? (remember that Domainz is a Limited Liability company and ISOCNZ is an incorporated society so no individual stands to suffer financial loss even if O'Brien we to prevail in such a suit)?
• Is the civil court system as unjust as Brown suggests -- and if so is it fair?

Although this case is of relevance because it involves one of the longest-standing members of the local Internet community, it's also important because it constitutes an important NZ milestone in respect to allegedly defamatory statements made through the Internet.

The outcome of this case is almost certainly going to represent some kind of precedent -- and, if what Brown says is correct, that outcome may be determined by Domainz' deep pockets rather than on the merit of the arguments.

Do we really want a precedent, which may have a far reaching effect on future Net-related defamation cases, resolved by such factors?

As always, your feedback is welcomed.

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