Question 1 (15 marks)

Marcus Superberg has launched his new social media platform called the DeltaVerse, which he brags complies with privacy and cybersecurity legislation worldwide. The advertising campaign shows that you can share personal videos, pictures, text and voice messages with trusted friends only. Third parties, hackers or stalkers, cannot access, steal or sell your personal data. Marcus Superberg claims that he counts on the best team of computer programmers, and his DeltaVerse is powered by an unbreakable unique algorithm. Will Bates, the founder of MetaSpace and Marcus Superberg's closest competitor, knows that such an unbreakable algorithm is impossible to create. Will Bates knows first-hand that hackers are more skilful than ever in the history of computer sciences and cybersecurity technology is still in its infancy stages. Will Bates is angry as MetaSpace started losing subscribers to DeltaVerse and threatens Marcus Superberg in a TV show with legal action for misleading and deceiving the general public into believing that a 100% secure social media platform is possible. Marcus Superberg comes to you for advice and asks whether the MetaSpace founder is bluffing about bringing an action under the Australian Consumer Law as MetaSpace is just a competitor and not a consumer.

Is MetaSpace likely to succeed in a legal battle against Marcus Superberg?