PLC case has been turned down but still has been a great step

It has been 7 years since the group of Toshi JA1ELY et al brought the suit of the PLC;Power Line Communication or BPL against the Ministry of Internal Affairs and Communications. As well known, PLC was to work as LAN within houses and was highly suspected to cause much disturbances to such as amateur ham radio or radio astronomy since it utilized broad band HF for communication. Toshi and the group has questioned of quite probable interference to the other communications. I was one of the plaintiffs.

The group has lost the case at the High Court recently. They have very little possibility to win at the Supreme Court, so that they have given it up now. Toshi has sent an e mail to give the final report to those involved in this sue case. It attached an article by one of the two lawyers in charge of this case. It says the judge at the High Court has explained in detail why they have dismissed the claim. One reason was that the plaintiff could not show actual interference cases. The other was that the technology of PLC had been behind the age for now. Such explanation on the reason of judicial decision was exceptional as the lawyer said. The judge has acknowledged PLC could cause interference and the governmental authority did not measure the common mode current in proper way. 

At such an administrative litigation, the courts always turn it down at once. This case was really exceptional and leaves a good example the administrative office should be open to the public as for introducing such a new technology which could cause damage or interference to people.  

Toshi, an avid DXer, has suffered from lung cancer on the way. in such health condition, he still has done a great job together with his group even if the case was turned down. It is still a great step for those struggling against environmental pollution etc.