Legal action?

[Greenhornet_au]

Dont really want to get involved, but I think any articles about tourist places are great !
Youtube or commercial TV, I think it is free advertising, I generally dont hear about things from other people.

Once I have my interest peaked, I make a note to go and visit to see for myself taking the family, if I am in the area.
So, as long as the fella didn't 'claim' it as his own venue or item, what is an item image worth if it is not 'sold' or providing 'royalties'
to the owner of the item ?

Where is the loss ?

How do you get compensation for no 'proven' calculable or 'measurable' loss ?

I think the owner of the tourist site may find it could backfire on him, loosing tourists and possibly his case.

Lawyers will do any work for you, they get paid either way, and if you bring a frivolous case to court, Magistrates are not happy with their time wasted.

Maybe the owner of the Venue should accept giving the guy a nasty telling off, and then have a beer with him,
later get him to do some advertising videos about the Venue, for free..

Win - Win
Life is too short.

:8

 

[MegsyB007]

What is it that they say? Any publicity is good publicity...

This story is now getting a lot of publicity for both of them, isn't it?

This frivolous case won't get to court - it's ridiculous and a waste of the court's time.

He can't ping one guy for taking pictures and publishing them online, when you can see pics of his museum all over the internet! Go to Trip Advisor; multitudes of fb pages where people have posted photos of the museum; Google images... Is he going to sue all of them? He's being ridiculous!

Mind you, Andrew is promoting this guy's DVD on his facebook page too - giving him heaps of free advertising - and the idiot's making an enemy of him. Sounds like a bitter old man who needs to learn who his friends are, and chill out!

Cheers,
Megsy

 

[Chewy]

I think somebody did a bit of oop: stirring and that is the source of Malcom's grievance. As far as the private property side of it goes, trespass is the only relevant law, which if Andrew paid for entry is not an issue. Unless it was stated on the addmission ticket that photos are not permitted, there is no issue there either. If Malcom thinks he owns copyright of items in the museum, he does not and there is no copyright issue as the creators of those items own the copyright. Copyright is not possession based. As for not crediting the museum, Andrew did. Perhaps not in writing in the description but certainly within the video. This is, (or is not) a civil matter, in which no doubt only the lawyers will benefit, if it proceeds, which I doubt it will once reality sets in. Personally, I think it's a crock of oop: and I hope Andrew is vindicated and pursues damages. Just my opinion, and I'm not a lawyer, but I looked up on relevant law sources and this is based on that info. Maybe I'm wrong, maybe I'm right. As for the vandalism, it wasn't encouraged, Andrew didn't (I presume, take part in it, and as far as I know, nobody suggested at any time that he was present at the time) or knew anything about it until after it had happened. These historic places are no secret. They're promoted by tourism and govt. It's a damn long stretch to say Andrew is responsible for the vandalism happening. People are responsible for their own actions. Probably locals, because who watches a youtube video and decides to travel to another location just to vandalise something? Andrew is obviously keeping quiet, so as not to say the wrong thing in regard to this going to court. So I'm not expecting him to jump in and defend himself. So I thought somebody should speak up on his behalf.

 

[pinfire opals]

Idiots putting stuff on youtube and freekbook again, these 5 minute famers are wrecking this hobby and land access, throw in aussie gold ******s, and well you got one huge friggin mess. In my opi ion. ] :N:

 

[Guest]

NEVER ASK FOR OR SHARE A LOCATION ON A PUBLIC FORUM/SOCIAL MEDIA PLATFORM.

I was horrified to see one of his videos show on google earth the exact location he planned to investigate that day. Zooming in on his computer showing the world. It will be over run and trashed by now.

Apart from that he is a likeable character.

Cheers

RS

 

[Chewy]

It's publicly available info, anyone can look it up.

 

[pinfire opals]

It's publicly available info, anyone can look it up.

Why make it easier for people though, let them do the research them selves, half the people wouldnt even bother then

 

[Chewy]

If people can't be bothered to look up something on google then it's pretty unlikey they will be bothered to go and vandalise something. Get a grip pinfire opals, the guy didn't vandalise anything himself, he didn't encourage any vandalism and he didn't send anybody there to vandalise anything. He didn't do anything wrong. You blame him, you blame Aussie gold hunters, I hear this crap from various members all the time, how about you blame the people who do this. If they hadn't we wouldn't be talking about it. You're welcome to your own opinion, but I don't think it's helpful to the hobby or anyone else to go assigning blame where it's not warranted. :Y:

 

[Sandbagger]

Because of people like Andrew and Chris from Vogus, I have been inspired to buy gear, supporting the trade, travel all over NSW and Victoria, supporting all the back town service stations and general stores, paid money to caravan parks and camp grounds, supporting local businesses. Developed a line of crevicing tools, which I have started to provide other prospectors to support their hobby, picked up rubbish and cleared dirt tracks in my travels, helping everyone and the environment.

I could go on with all the positive stuff that these guys inspire and the good people they have encouraged to get out there and clear our heads in beautiful Australian nature.

Yes, they have both learned their lesson, as many of us have in our early days, about giving away exact locations. But vandalism and other antisocial behaviour is not their fault. Period.

I hope this all blows over and Malcom and Andrew can shake hands over a beer.

Let's try to help each other hey? Steer towards the positive, avoid the negative.

Baz.

 

[Thylacine]

Adventure Gold is up and running again on You Tube.