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Telkom versus Hellkom
By Paul Vecchiatto
Hell hath no fury like a corporate lawyer scorned. That certainly seems the case with the legal action Telkom is considering against Hellkom.co.za if the site doesn't stop getting up the telecommunication giant's nose.
Launched on 1 July, Hellkom takes the mickey out of Telkom in almost every conceivable way. There's a ribald jokes section, a section where people can vent frustrations at Telkom's pricing, ideas for mocking T-shirts and even a parody of the holy of holies, the corporate logo.
A letter sent to the site's administrator Gregg Stirton by Telkom's lawyers, Adams & Adams, threatens him with an R5 million lawsuit - the largest sum claimed in South African Internet history - if the site does not stop its activities.
But the letter, like so many written by the legal profession, is confusing, full of errors and even refers to a site that no longer exists.
Stirton has made some changes to the site by taking off two logos that could have been deemed as defamatory, but insists it will otherwise remain unchanged.
Telkom's first letter generated a groundswell of support for Hellkom. This included a Johannesburg advocate willing to donate his time to the defence cause, while other lawyers also expressed interest. The Freedom of Expression Institute has heavily criticised Telkom's actions and the trade union Solidariteit is reportedly considering setting up a fund for Hellkom's defence.
In the other corner, Telkom has hired more legal firepower by appointing e-law firm Buys Inc to advise in the matter.
What happens next will depend on who blinks first. If Telkom does not go ahead with its threats it could open itself up to a counter suit. If it does, Stirton will have to find, and possibly pay for, his own very expensive legal guns.
Stirton has promised the 50 000 people who have visited his site that he will fight. That remains to be seen - even principled people have their price.
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http://brainstorm.itweb.co.za/online/ReadStory.asp?StoryID=145876
It seems to me that Telkom has backed down. Maybe they listened to their lawyers.
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Donn Edwards
Why is ADSL like a Cheeseburger? Find out at http://privacy.4mg.com
“Free-market advocates often warn that the only thing worse than a state-controlled monopoly is a privatised one.”
<b>I think it's time to tell the public how bad MyWireless is. I have posted a comment at
http://www.itweb.co.za/sections/internet/2004/0408230922.asp
and I would encourage others to do so too.</b>
