Disqus - Latest Comments for Paul

Re: Incredulous! That is the word.

Paul — Tue, 09 May 2006 17:51:11 -0000

Hi David

Thanks for your comment. Sorry about the hassles with the comments fields. I am relying on the default installation at the moment and didn't realise there was this issue (my other blogs are TypePad blogs and those things are pretty much taken care of).

To me the true victims are women who are still marginalised and subjected to the domineering male mentality that seems to pervade South African society in addition to people living with HIV/AIDS and who are largely ignored or whose disease is not taken seriously by men who believe that having sex with a virgin or with a child cures them of AIDS.

That may be just the tip of the ice berg.

Thanks for taking time to read this blog!

Re: Incredulous! That is the word.

Paul — Tue, 09 May 2006 17:51:11 -0000

Re: Incredulous! That is the word.

Paul — Thu, 11 May 2006 00:15:23 -0000

I had a further exchange with David Wilson by email after these comments. Here it is:

"thanks for the comment but you have not approved it?
i don't get it ... whatever ...
?
in any case?i see that you subscribe to the ideology of victimhood, nonsense, so be it, be well, David

"Hi David

The comments are automatically held over for moderation.? I get quite a bit of spam.

I am generally not a big fan of the notion of a victim but I just couldn't think of a better term for what I was trying to express.

"ok then, really i would rather see exchanges like this published, email is ok but the benefit (if indeed there is any :-)) has to be in others being at least passively involved

camille paglia has set me to wondering about victimhood, she is more than a bit mouthy but makes some good points - it is almost automatic (for Canadians at least) to side with the underdog, when i saw George Weah vs Ellen Johnson-Sirleaf i assumed Sirleaf would win, it took another Canadian, Gwynne Dyer, to open the wide angle lens for me on that one

but ... look man, this AIDS business is sexual, and it takes two to tango, dig it! or do you think that every case of AIDS is the result of rape? men have to be dying of it at about the same rate as women, if we daemonize the men and make all the women victims then i can't see any way out of it that i am willing to contemplate, and ANYWAY such judgements as these are obviously divorced from any reality whatsoever, you seem like a smart guy, i hope you can fill in the holes in my sketch

be well, David."

David has an interesting perspective. I wonder how applicable the principle is to South Africa where gender inquality is ingrained and often women don't recognise the choice that they have?

I am hardly an expert on these issues and I am interested in anyone else's views.

Re: Incredulous! That is the word.

Paul — Thu, 11 May 2006 00:15:23 -0000

Re: Is there a future for free legal content or am I being a hippy?

Paul — Wed, 17 Jan 2007 07:29:43 -0000

Hi Dave

Thanks for your comment. One thing I am pretty sure about is that the way information is traded is changing rapidly and I am just not so sure that there will be a sustainable market for paid information of this nature. The money is going to be made on value added services, not the information itself.

Re: Is there a future for free legal content or am I being a hippy?

Paul — Wed, 17 Jan 2007 07:29:43 -0000

Re: Is there a future for free legal content or am I being a hippy?

Paul — Thu, 25 Jan 2007 04:49:09 -0000

Hi Duncan

Thanks for your comment! You ask about what you could do with a contract you download and I can tell you that I am involved in a project at the moment that will answer that question. I can't say more at this stage but you can expect some pretty exciting stuff to happen in this space this year.

Re: Is there a future for free legal content or am I being a hippy?

Paul — Thu, 25 Jan 2007 04:49:09 -0000

Re: Restraint of trade agreements

Paul — Thu, 15 Feb 2007 06:00:02 -0000

Hi Maggie

That would really depend on the terms of his agreement. Often these agreements survive termination of employment and would pose a challenge to an ex-employee who starts a competing business.

Re: Restraint of trade agreements

Paul — Thu, 15 Feb 2007 06:00:02 -0000

Re: Is there a future for free legal content or am I being a hippy?

Paul — Wed, 07 Mar 2007 15:20:36 -0000

Hi Oscar and Steve

Thanks for your comments. I have recently launched a project aimed at creating a legal content resource for anyone who wants it. Take a look at http://openlaw.wikia.com and perhaps start adding content? The idea is to create a Wikipedia of South African law and contributions from the legal community are not only welcome but necessary to create what I hope will become a free (so no material under copyright please) legal reference work that continues to grow.

I am still working on the site's formatting so please excuse the rough edges.

Re: Is there a future for free legal content or am I being a hippy?

Paul — Wed, 07 Mar 2007 15:20:36 -0000

Re: Digital signatures and contracts in South Africa

Paul — Wed, 07 Mar 2007 15:35:26 -0000

I agree although I heard that the Post Office was charged with issuing advanced electronic signatures ...

Re: Digital signatures and contracts in South Africa

Paul — Wed, 07 Mar 2007 15:35:26 -0000

I agree although I heard that the Post Office was charged with issuing advanced electronic signatures ...

Re: The Open Law Project

Paul — Sat, 10 Mar 2007 09:31:15 -0000

Thanks for the tip Oscar!

Re: The Open Law Project

Paul — Sat, 10 Mar 2007 09:31:15 -0000

Thanks for the tip Oscar!

Re: Legal Services Charter to boost black lawyers

Paul — Mon, 26 Mar 2007 05:07:58 -0000

Hi Janee

Thanks for commenting. I think the coming months are going to be very interesting for the profession. I really hope this effort works!

Re: Legal Services Charter to boost black lawyers

Paul — Mon, 26 Mar 2007 05:07:58 -0000

Hi Janee

Thanks for commenting. I think the coming months are going to be very interesting for the profession. I really hope this effort works!

Re: Why lawyers are special

Paul — Sat, 14 Apr 2007 11:42:54 -0000

True, it is am image we present to the world and we do ourselves a tremendous disservice in the process.

Re: Why lawyers are special

Paul — Sat, 14 Apr 2007 11:42:54 -0000

True, it is am image we present to the world and we do ourselves a tremendous disservice in the process.

Re: Insurance policy applications: don’t hold back

Paul — Sat, 28 Apr 2007 03:14:31 -0000

We looked at this issue a couple years ago and the answer really depended on who the broker was working for. If the broker was an independent agent then he/she would be regarded as the insured's agent and the insured would be responsible for the broker's conduct. If the broker was employed by the insurer then the insurer is probably on the hook.

Re: Insurance policy applications: don’t hold back

Paul — Sat, 28 Apr 2007 03:14:31 -0000

Re: SOHO lawyers work just as hard

Paul — Tue, 22 May 2007 06:44:43 -0000

Hi Grant, Susan and Janaee, thanks for commenting. It is too easy for clients to think that SOHO lawyers don't work as hard or as well as their colleagues in larger firms but when your survival depends on how well you work, you work pretty darn hard.

Re: SOHO lawyers work just as hard

Paul — Tue, 22 May 2007 06:44:43 -0000

Re: New South African search engine

Paul — Mon, 18 Jun 2007 12:31:49 -0000

That is a good question Tom. I have been wondering what has been happening with them. Republishing news stories from other sites is potentially protected under our ECT Act but there are certain requirements. I am curious to know what happened though.

Re: New South African search engine

Paul — Mon, 18 Jun 2007 12:31:49 -0000

Re: A case of cybersquatting and Facebook

Paul — Thu, 05 Jul 2007 01:08:37 -0000

Hey Andre

All Chris has done is stave off a passing off action. The use of the domain is still a bit of a sham. He must have noticed the chatter about his domain and put up the blog.

Re: A case of cybersquatting and Facebook

Paul — Thu, 05 Jul 2007 01:08:37 -0000

Hey Andre

All Chris has done is stave off a passing off action. The use of the domain is still a bit of a sham. He must have noticed the chatter about his domain and put up the blog.

Re: A case of cybersquatting and Facebook

Paul — Thu, 05 Jul 2007 06:00:42 -0000

Tom, it isn't necessary for Facebook to register a trademark in SA to qualify for protection. It would obviously help but it isn't essential.

Andre, I think you are right. If Facebook really had an issue with this guy they I am sure the first step would be a demand letter. This stuff is all theoretical for the purposes of this post really.

Re: A case of cybersquatting and Facebook

Paul — Thu, 05 Jul 2007 06:00:42 -0000

Re: My evolving fee structure

Paul — Thu, 02 Aug 2007 01:08:24 -0000

Hi Andrew

Promptly paying invoices is a very good start and the basis of a good relationship with a client so although it is very materialistic, it is a must. There are few things more stressful than a client who simply doesn't pay invoices, especially where 3rd parties have been paid on the client's behalf and the attorney is now also out of pocket.

That being said, this is just the basis of a relationship with a client. What makes a client a "good client" to me is how well I get along with the client, how they conduct themselves and whether I believe in them and their cause.

Re: My evolving fee structure

Paul — Thu, 02 Aug 2007 01:08:24 -0000

Re: Can you trust Facebook?

Paul — Tue, 07 Aug 2007 15:17:28 -0000

Thanks for your feedback Duncan and Daniella. This is a difficult issue, especially given the growth of social media sites like Facebook. It is an irreversible trend and it has become a matter of how we manage the risks that are always going to be there.

Re: Can you trust Facebook?

Paul — Tue, 07 Aug 2007 15:17:28 -0000

Re: Two years already!

Paul — Tue, 07 Aug 2007 16:25:41 -0000

Thanks Janaee!

Re: Two years already!

Paul — Tue, 07 Aug 2007 16:25:41 -0000

Thanks Janaee!

Re: Two years already!

Paul — Tue, 07 Aug 2007 16:25:41 -0000

Thanks Janaee!

Re: How much do we trust Google with our private information?

Paul — Wed, 08 Aug 2007 11:27:59 -0000

Hi Dennis, thanks for your response. I took a look at your post at http://www.ddmcd.com/managing-technology/google... (I think the period at the end of your link as included in the link) and I noticed the same wording you commented on. I have been doing some further reading about Google's retention policy (I haven't seen one published) and I came across a post on the Google blog (http://tinyurl.com/3cvwzz) and a response on the Threat Level blog (http://tinyurl.com/3dnv4s) that are worth reading.

Aside from this, the policies published on the Gmail site and elsewhere on Google's properties are not terribly specific when it comes to retention.

Re: How much do we trust Google with our private information?

Paul — Wed, 08 Aug 2007 11:27:59 -0000

Re: How much do we trust Google with our private information?

Paul — Wed, 08 Aug 2007 11:27:59 -0000

Re: Honour the author of the work

Paul — Sun, 12 Aug 2007 16:43:54 -0000

Hi Samuel

Thanks for commenting. Why do you say that GPL forces the creator of the derivative work to bring the original creator into disrepute?

Re: Honour the author of the work

Paul — Sun, 12 Aug 2007 16:43:54 -0000

Hi Samuel

Thanks for commenting. Why do you say that GPL forces the creator of the derivative work to bring the original creator into disrepute?

Re: Our Health Minister a “drunk and a thief”

Paul — Mon, 20 Aug 2007 02:05:13 -0000

Hi Radagast

This will certainly be an interesting time for Manto. Did you see the President wants proof of the allegations before he will consider media reports about her misconduct. This will be a good test for the government, I think.

As for being a donor, there are plenty people who could really use your help one day. I wouldn't let the misbehaviour of one person, even if it is a Minister, deter you from potentially saving someone's life. I don't think it is about tighter controls, it is simply a case of not making exceptions for people like the Minister.

Re: Our Health Minister a “drunk and a thief”

Paul — Mon, 20 Aug 2007 02:05:13 -0000

Re: IT and telecom lawyers not on the Web?

Paul — Tue, 21 Aug 2007 04:14:01 -0000

Exactly. It can often be a case of people jumping into a space they don't really understand and hoping the buzzword wave will carry them.

Re: IT and telecom lawyers not on the Web?

Paul — Tue, 21 Aug 2007 04:14:01 -0000

Exactly. It can often be a case of people jumping into a space they don't really understand and hoping the buzzword wave will carry them.

Re: Manto versus the Sunday Times

Paul — Sun, 26 Aug 2007 04:14:24 -0000

Thanks for your input Todd. It is a narrow view although probably what Manto and her legal team advanced as part of their arguments. Unfortunately the situation is more complex than this and there are some important public interest issues involved.

As for your query about my financial interests, I am glad you asked. I don't have any financial stake or derive any financial benefit from this scandal. I am not involved in any conspiracies by people promoting cheaper HIV/AIDS drugs (although I do support efforts to bring the cost of effective HIV/AIDS drugs down to more affordable levels). In fact, I don't even make all that much money from this blog.

I am a big believer in freedom of expression and the necessity of exposing corruption.

Re: Manto versus the Sunday Times

Paul — Sun, 26 Aug 2007 04:14:24 -0000

Re: The Times gets DMCA on ANCBC

Paul — Tue, 04 Sep 2007 12:26:07 -0000

I think this will really depend on what the infringing uses are. It will take a little time to suss out the landscape and determine how much time it will save although I do agree it won't be a dramatic time saver in the scheme of things although it could still save enough time to be worth the effort.

Re: The Times gets DMCA on ANCBC

Paul — Tue, 04 Sep 2007 12:26:07 -0000

Re: DON’T GO NEAR QUECHUP!!

Paul — Wed, 12 Sep 2007 09:25:19 -0000

Thanks for the warning there. I killed that comment as soon as I saw it.

As for the keys to the kingdom, you are quite right. The problem is that these guys ruined it for everyone else. I haven't had a problem giving Facebook or LinkedIn access to my address book because they haven't abused my trust.

I have since changed my password so that should stop future abuse by Quechup.

Re: DON’T GO NEAR QUECHUP!!

Paul — Wed, 12 Sep 2007 09:25:19 -0000

Re: Living together? You really should have an agreement.

Paul — Wed, 19 Sep 2007 08:46:58 -0000

Hi Paul

It is difficult to answer your question without all the facts. What I suggest is that your mother speak to a family lawyer and see which options are available given her specific circumstances.

Re: Living together? You really should have an agreement.

Paul — Wed, 19 Sep 2007 08:46:58 -0000

Re: Metro Police bullies

Paul — Fri, 16 Nov 2007 10:29:37 -0000

I had a chat with Candice Jones from ITWeb who feels a similar way to Nic and while I am in favour of people being held accountable for their wrongdoings, I am not convinced that the measures taken are proportionate and that the Metro cops are acting consistently.

Re: Metro Police bullies

Paul — Fri, 16 Nov 2007 10:29:37 -0000

Re: SA Stats vandal is a naughty, misunderstood boy!

Paul — Sun, 25 Nov 2007 15:18:47 -0000

You know, we really haven't had a good stoning for a long time. Really is a form of punishment everyone can get involved in. A real community effort!

Re: SA Stats vandal is a naughty, misunderstood boy!

Paul — Sun, 25 Nov 2007 15:18:47 -0000

You know, we really haven't had a good stoning for a long time. Really is a form of punishment everyone can get involved in. A real community effort!

Re: Restraint of trade agreements

Paul — Wed, 28 Nov 2007 05:22:32 -0000

Hi Pieter and Nadine

Thanks for commenting. Whether your restraints are going to be enforceable will depend on the specifics of your contracts. The terms of those contracts will determine whether the restraints are enforceable.

Re: Restraint of trade agreements

Paul — Wed, 28 Nov 2007 05:22:32 -0000

Re: Domicilium citandi et executandi and other riveting stuff

Paul — Fri, 30 Nov 2007 03:49:47 -0000

Hi Harald

I am not too clear on what you mean here. If a person used an address as a domicilium address that the person does not occupy then that person exposes himself to a risk of default judgment.

If the plaintiff is citing a domicilium address that the defendant no longer occupies then the defendant runs the risk of a default judgment. The defendant should have taken care to give notice of the change of his domicilium address when he vacated the premises.

If the plaintiff cited a fictitious domicilium address then the plaintiff risks having any subsequent action set aside.

Re: Domicilium citandi et executandi and other riveting stuff

Paul — Fri, 30 Nov 2007 03:49:47 -0000

Re: Domicilium citandi et executandi and other riveting stuff

Paul — Thu, 06 Dec 2007 02:42:23 -0000

Hi George

If the summons was properly served on a domicilium address then service is usually good. It is the defendant's responsibility to keep the domicilium up to date.

Re: Domicilium citandi et executandi and other riveting stuff

Paul — Thu, 06 Dec 2007 02:42:23 -0000

Hi George

If the summons was properly served on a domicilium address then service is usually good. It is the defendant's responsibility to keep the domicilium up to date.

Re: Living together? You really should have an agreement.

Paul — Wed, 12 Dec 2007 15:08:16 -0000

Hi Luzanne

I am not all that familiar with the current law but I believe this would be regarded as a civil union. If you are interested in exploring this further I can suggest you take a look at www.roylaw.co.za and perhaps even speak to Roy if you need specific help. He is based in Johannesburg.

Re: Living together? You really should have an agreement.

Paul — Wed, 12 Dec 2007 15:08:16 -0000

Re: Living together? You really should have an agreement.

Paul — Mon, 24 Dec 2007 07:59:56 -0000

Hi Dirk

You should be fine but just the same I recommend that you have a cohabitation agreement drawn up to deal with these sorts of issues.

If you are particularly concerned about a possible liability (it can happen depending on your circumstances) I also recommend that you consult with an attorney more fully.

Re: Living together? You really should have an agreement.

Paul — Mon, 24 Dec 2007 07:59:56 -0000