planedriver Posted August 31, 2012 Share Posted August 31, 2012 Abominable................like the snowman hopefully, and warmer weather is on it's way:clap: Link to comment Share on other sites More sharing options...
Guernsey Posted August 31, 2012 Share Posted August 31, 2012 So what do you guys and gals think about the Board Executive being disbanded in September. See post 150 above. Alan. Link to comment Share on other sites More sharing options...
Admin Posted August 31, 2012 Share Posted August 31, 2012 Alan, that is done every year...like all Associations etc, the President, Secretary and Treasurer roles are only for 1 year and the normal first business of the board meeting that follows the AGM, the board members elect a new President, Secretary and Treasurer from the available board members for the next 12 months...it's normal practice. One practice that is often used by Associations etc is the members elect the Executive rather then the board electing their own Link to comment Share on other sites More sharing options...
planedriver Posted August 31, 2012 Share Posted August 31, 2012 Not too long before we all get that Toyota feeling then and hopefully a bit more :plane:for those that deserve it. Link to comment Share on other sites More sharing options...
Guernsey Posted August 31, 2012 Share Posted August 31, 2012 Alan, that is done every year...like all Associations etc, the President, Secretary and Treasurer roles are only for 1 year and the normal first business of the board meeting that follows the AGM, the board members elect a new President, Secretary and Treasurer from the available board members for the next 12 months...it's normal practice.One practice that is often used by Associations etc is the members elect the Executive rather then the board electing their own Cor stone de crows (Guernsey expression ) I should have known. Herewith my self inflicted smilies, other negative comments accepted. Alan. Link to comment Share on other sites More sharing options...
Powerin Posted August 31, 2012 Share Posted August 31, 2012 Received my September edition of Sport Pilot one hour ago, sorry for the delay but I had to read it first.If it is ok with Ian, I can copy the whole report and hopefully be able to add it to a post as an attachment. Alan. PS On second thoughts I would probably need the President's permission. Off topic: Alan, the permission you would need to copy this is from the publisher of the magazine as they hold the copyright of the content. Always be very careful when copying stuff from any copyrighted source...especially onto a public forum like this. The penalties for copyright breech are ridiculously severe if a copyright owner decided to be nasty. Copying small snippets for purposes of review are allowable. Note also that everything on this site, including what everybody posts, is copyrighted as well, unless you specifically indicate you are retaining ownership of what you post. Again, be careful what you cut, paste and copy. Link to comment Share on other sites More sharing options...
fly_tornado Posted August 31, 2012 Share Posted August 31, 2012 Copyright has fair use conditions, as long as you credit the source no permission is required. Link to comment Share on other sites More sharing options...
Powerin Posted August 31, 2012 Share Posted August 31, 2012 Copyright has fair use conditions, as long as you credit the source no permission is required. Sorry, not correct.... There is no general exception for using copyright material simply because you think it is fair orbecause you are not making a profit. The Copyright Act allows you to use copyright material without permission if your use is a “fair dealing” for one of the following purposes: •research or study; •criticism or review; •parody or satire; •reporting news; or •professional advice by a lawyer, patent attorney or trade marks attorney. In the end, the above is decided by a court if a copyright owner thinks your use is not fair. Not saying I agree with it. Just saying be careful. 1 Link to comment Share on other sites More sharing options...
David Isaac Posted August 31, 2012 Share Posted August 31, 2012 'Breach of copyright' is another one of those areas that can be difficult to establish at law. In order to establish a ‘breach’ by another party, you have to prove that your copyright material has been 'published' and the legal argument for that in itself is interesting and expensive. I spent two and a half years in the Federal Court many years ago in an incredibly expensive injunctive action that I and my company took against a certain very large Telco. I alleged they 'breached copyright' in my confidential material, 'breached confidence' in dealings with my intellectual property and 'fraudulent and deceptive behaviour' in my dealings with them. This period in my life was indeed the most expensive and where I learned a significant amount about how the 'Law' is administered and applied in complex arguments. We were able to establish at law that they had 'breached confidence', but in doing so we had to establish that my intellectual property had a 'quality of confidence' about it. Then we had to establish whether the confidential obligations were 'contractual' or 'equitable' ... yes you read right. I learned that just because you claim your material is confidential does not mean it is at law; you must establish a 'quality of confidence' about your material first and then prove the 'breach'. We were able to establish 'fraudulent and deceptive behaviour', but when it came to 'breach of copyright', that became problematic due to clever arguments, everyone in the Court knew they had ... but it could not be established at law. The upshot of my legal foray was that it was a 'Pyrrhic' victory (I won the battle but lost the war), I am still paying for that exercise today. The point I am trying to make is that the law may grant you certain remedies at 'copyright' and 'confidential' dealings, but the onus is on you to establish any breach and unless you are prepared to fund the action and the associated risks if you 'fail to establish' your allegations ... DON'T go there. Generally if you follow the spirit of the liberties afforded you under copyright law as detailed by Peter above, it is doubtful a party will seek legal legal relief from you because of the cost and value to do so. It is a bit like the defamation laws, action is mostly bluff, expensive and usually fails if the party accused has followed the basic precepts of stating that it is their opinion, is truthful and demonstrably in the public interest: 31 Defences of honest opinion (1) It is a defence to the publication of defamatory matter if the defendant proves that: (a) the matter was an expression of opinion of the defendant rather than a statement of fact, and (b) the opinion related to a matter of public interest, and © the opinion is based on proper material. Just remember though, you may be called upon to fund a defense if the other party claims a grievance against you; although the other party does that at their clear financial risk as well, because if the other party loses their claim against you, they will have to fund some of your costs ... Regards, 2 Link to comment Share on other sites More sharing options...
shags_j Posted August 31, 2012 Share Posted August 31, 2012 Just don't upload it... Link to comment Share on other sites More sharing options...
turboplanner Posted September 1, 2012 Share Posted September 1, 2012 What are you on about Shags? Link to comment Share on other sites More sharing options...
Gibbo Posted September 1, 2012 Share Posted September 1, 2012 This is actually a breach of the human rights charter here in Victoria under state law and also the matching commonwealth law set. Political activities and freedom of expression are protected under commonwealth and Victorian law. As the RAA has powers inferred upon it by a government body (namely CASA) it is subject to these laws, Ian will have a case under the VCAT / Supreme court here in Victoria. Ouch the cost when they lose! Damages as well are applicable in these circumstances. There is also no appeals process available, which is a breach of 'Natural Justice laws'.. Hmm High court orders anyone? SLutter and Gutter do not do, no win no fee for commercial entities.. 1 Link to comment Share on other sites More sharing options...
Admin Posted September 1, 2012 Share Posted September 1, 2012 I know Gibbo, and that is just one of the avenues being pursued...there are 2 Acts that RAAus are breaking the law on and my solicitor has advised them of that however there has still been no communication back from them which is sinking them deeper and deeper. This is so extremely unfortunate that along with hefty fines that can, and looks like most likely will, be applied to RAAus, there are also the full costs and damages that they will be required to pay out. The thing that I personally believe will be the worst thing that they will cause is that every single thing that has gone on at board level will come out into the public's view...even emails that were sent around by Paul Middleton in August 2007 where he told people that I was telling "Porkies" (his words not mine) when I said this site was setup to help all aviators and not as a commercial entity. I am sorry but it has been going on and on and on for many many years all of which I have fought off on behalf of myself, this site and every single RAAus member but now, from what I believe was started by just a couple of people, they have removed my right to fly a recreational aircraft under the privileges which we are all entitled to handed down by CASA...so who is next? Link to comment Share on other sites More sharing options...
Gibbo Posted September 1, 2012 Share Posted September 1, 2012 Personally, I would be resubmitting my first application now they have been sent the letter. ;) Link to comment Share on other sites More sharing options...
Admin Posted September 1, 2012 Share Posted September 1, 2012 Solicitor is handling it all now so I have to be guided but one thing I personally can't understand is why a copy of the letter has not been passed on to all the board and why not one of the board members doesn't put a motion forward to resolve it now...I wonder if they are being told everything?...are any of you being told anything from your board reps? Link to comment Share on other sites More sharing options...
ave8rr Posted September 1, 2012 Share Posted September 1, 2012 Ian, my understanding is that you were just renewing your membership as it had expired for a period of time. I let mine lapse for about a year as there seemed no point at the time to have two magazines etc as my wife was also a member and learning to fly. Prior to letting the membership lapse I called the RA office and asked what I needed to do if I let my membership lapse and what I would need to do to rejoin some time down the track. They (Office) said just pay the membership fee and update flying and medical details etc as you retain your member (Pilot Certificate) Nr for life. This (Renewal) I am sure would of been done with out any executive knowledge. I assume Ian's membership had been "flagged" for further discussion once a renewal application was received. Cheers 1 Link to comment Share on other sites More sharing options...
David Isaac Posted September 1, 2012 Share Posted September 1, 2012 Oh I think Ian has been a target waiting for an opportunity for some time. Those responsible for taking the action to effectively deny Ian immediate membership, have brought about an unfortunate (for them) amount of attention to themselves and RA Aus. In my opinion they have brought RA Aus and the Board into disrepute by their poorly judged attempt at keeping Ian out. Where was their thinking in this decision, how could there possibly be ANY winner from the outcomes of this? I remain firmly of the belief that those responsible are unfit to hold office representing us. Again I will reinforce that I believe this issue is not isolated to Ian Baker; this has brought about a whole lot of attention into what is really going on behind the scenes with the executive, administration and the Board. From where I sit, it has a very bad look with bad consequences. 5 Link to comment Share on other sites More sharing options...
damkia Posted September 1, 2012 Share Posted September 1, 2012 Copyright has fair use conditions, as long as you credit the source no permission is required. In academic circles it is up to 10% of the article with credit, before requesting permission. 1 Link to comment Share on other sites More sharing options...
kaz3g Posted September 1, 2012 Share Posted September 1, 2012 This is actually a breach of the human rights charter here in Victoria under state law and also the matching commonwealth law set. Political activities and freedom of expression are protected under commonwealth and Victorian law. .. Also the ACT Charter, Gibbo. Each of these pieces of legislation protects the right to freedom of speech. But the ACT Act under which the RAAus is incorporated also requires that decisions be taken in accord with natural justice (procedural fairness) principles. Very interestingly, the Board appears to have enacted a bylaw that denies procedural fairness by failing to provide an appeal process in cases such as Ian's and their action against him therefore is likely to be found to be unlawful when it goes to court. A couple of other questions are raised by the actions as well. Does the action taken by the President and CEO in refusing to process Ian's application for membership constitute unlawful interference with the electoral process; and does Ian have grounds for a claim in compensation against both the RAAus and the relevant officers? Interesting stuff! Kaz 2 Link to comment Share on other sites More sharing options...
eightyknots Posted September 3, 2012 Share Posted September 3, 2012 Copyright has fair use conditions, as long as you credit the source no permission is required. Sorry, not correct....There is no general exception for using copyright material simply because you think it is fair or because you are not making a profit. The Copyright Act allows you to use copyright material without permission if your use is a “fair dealing” for one of the following purposes: •research or study; •criticism or review; •parody or satire; •reporting news; or •professional advice by a lawyer, patent attorney or trade marks attorney. In the end, the above is decided by a court if a copyright owner thinks your use is not fair. Not saying I agree with it. Just saying be careful. OK, fly_tornado & powerin, I have followed your advice and copied parts of two pictures (of a slater and a gordon) below: SOURCES: http://photography-on-the.net/forum/showthread.php?p=8244905 http://images4.fanpop.com/image/photos/23400000/Flash-Gordon-flash-gordon-23432210-800-600.jpg Link to comment Share on other sites More sharing options...
fly_tornado Posted September 3, 2012 Share Posted September 3, 2012 remember, Slater and Gordon are just following their client's orders... Link to comment Share on other sites More sharing options...
turboplanner Posted September 3, 2012 Share Posted September 3, 2012 What surprises me is that Slater and Gordon are Public Liability specialists, and one thing I've learnt over the years is that if you want to improve your chances of winning you get a lawyer who specialists in the subject at hand. Link to comment Share on other sites More sharing options...
fly_tornado Posted September 3, 2012 Share Posted September 3, 2012 All will be revealed in time. Link to comment Share on other sites More sharing options...
David Isaac Posted September 3, 2012 Share Posted September 3, 2012 Unless the whole exercise is intended to be one of 'bluff' which most defamation action is. An alleged defamation is defendable if it is expressed as an opinion, is in the public interest and truthfull. Wouldn't be hard to establish that defense with the previous and current 'goings on' now would it. Link to comment Share on other sites More sharing options...
fly_tornado Posted September 3, 2012 Share Posted September 3, 2012 Slater and Gordon will get a fat cheque regardless of the outcome. I can't believe that the Board President and CEO believes this is a worthwhile exercise. Link to comment Share on other sites More sharing options...
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