Privacy, freedom of speech and the fundamental right to make money 

Another illustration of the intersection of privacy, free speech and other fundamental rights:

Whirlpool - the forum - is a fantastic online resource where you can check out broadband plans, get advice from people about technology they use and ISPs, who's good with customer service, who has or doesn't have good quality lines etc.

The thing is, members of the great unwashed public - that's right me and you and people from all over - write about their own experiences (although some seem to be driven by other impulses - to vent their rage or promote the sale of products they stock/make etc.)

Somebody called "2Clix" didn't like the comments somebody else posted about them on Whirlpool and has sued Whirlpool for injurious falsehood alleging sales losses in the order of $150,000 per month ... 

Is this the end of a valuable internet forum and discussion group?  The Electronic Frontiers Association is concerned it is.

Of course, having statutorily or constitutionally guaranteed rights doesn't make these cases go away.  It will be important, however, to make sure that any fundamental rights that do score statutory (or even constitutional) protection can be properly balanced against other, equally fundamental "rights".

ZDNet Australia wonders how 2Clix thinks bringing the court case will hide concerns about its software here.

The EFA's media release also includes a link to the statement of claim.