> But it is not Ofcom that ultimately decides on the meaning of the term, that is for a court to decide and that court would likely rely on the same authorities and principles that Libera's lawyers did in their advice.
replyassuming of course libera don't fold the moment they receive a nastygram ("enforcement notice")
like they did when andrew lee commandeered freenode
They weren't in a strong legal position then: a few mistakes over the course of decades substantially weakened their ability to fight back against Andrew Lee (without significant personal expense). Libera's legal structure is much stronger, and (importantly) the Ofcom has nothing to gain from going after them. (Libera aren't, after all, part of the problem.)
replyI think you are putting too much faith in the courts. They are independent, but they have shown time and again that they will interpret the law how they like. They don't live in a vacuum and they certainly aren't free from, or blind to political considerations that influence their decisions, like the rest of us. Ofcom are very clearly the sort of people who want to apply the most open ended and widespread use of the powers they can in a misguided effort to save the public from themselves and i have very little confidence that our judges are not cut from the same cloth. I won't go so far as to say they would collude with ofcom, but i do think they are more likely to side with them over the defendants, however weak the case may be.
replyThe problem is the law is worded in the vaguest way possible and ofcom in exceptionally bad faith have refused to give any clear guidance on what they will and won't prosecute. Our politicians in their arrogance have passed this law, so expect no help from them.