[LINK] Take the infrastructure back [Was: Friday funny a little early]

[David Boxall]

At 6/08/2007 9:57 AM Adam Todd wrote:
> . . .
>
> BTW Telstra is not the "custodian" of the network infrastructure, it 
> owns it.  If it were a custodian, then the infrastructure could be 
> given or transferred to the management of anyone.
No Adam,

Ownership bestows custody.  The owner is custodian, unless they delegate 
custody.  Even then, the owner is responsible for ensuring that the 
custodian meets its obligations.  For example: if one entity builds a 
road and delegates custody to a second entity, then the second entity 
has an obligation to make sure that the road is maintained in a safe 
condition.  The owner is still responsible for ensuring that the 
obligation is met.  If the obligation isn't met, then both owner and 
custodian are liable.  The owner, however, may have a case against the 
custodian.


-- 
David Boxall                    |  The more that wise people learn
                                 |  The more they come to appreciate
                                 |  How much they don't know.
                                                        --Confucius