Our attorney advises you and everyone else to consult their own attorney.
We've put up update 20, though it will probably change: http://www.mindfreedom.org/know/psych-drug-corp/eli-lilly-secrets/ It has the third TRO that Eli Lilly attorneys are probably referring to. On Jan 4, 2007, at 11:11 AM, David Weekly wrote: > David, > > [necessary disclaimer: I am not a lawyer. Please do not take the below > as legal advice. I recommend you retain professional counsel if you > have not yet already.] > > I think you're right that if the wiki only contains textual > information about how to find the information, it's probably > justifiable as free speech and is absolutely not subject to a DMCA > takedown by Eli's lawyers. In fact, if Eli attempts a DMCA takedown on > material that they don't own the copyright on - effectively abusing > the DMCA - you can countersue them under 512(f). I've done this > effectively in federal court - see OPG v Diebold. > > Actual hyperlinks to copyrighted information might or might not be > okay - there is actually conflicting case history about this. A fair > use defense under the "public interest" clause is in this case very > likely tenable. Of course, if a fair use defense for republication is > tenable then even direct republication would be permissible. > > So under copyright, I think you have a strong case for permissibility > given your public interest exemption. > > But this does not cover a separate court injunction against the > redistribution of this information. Eli's lawyers said there was one > but failed to cite it. If there is one - and I'd rather hear from Eli > than you about the details - then distributing even textual > information about how to obtain and redistribute the information could > land you in contempt of court. > > I'll be clear that my company will do all it can legally do to let its > users exercise their First Amendment rights. But we can go no further > than the law; if a judge were to tell us to take the material down, > then we would do so. > > Yours, > David Weekly > CEO of PBwiki David Oaks, Director MindFreedom International 454 Willamette, Suite 216 - POB 11284 Eugene, OR 97440-3484 USA web: http://www.mindfreedom.org email: [EMAIL PROTECTED] office phone: (541) 345-9106 fax: (541) 345-3737 member services toll free in USA: 1-877-MAD-PRID[e] or 1-877-623-7743 United Action for Human Rights in Mental Health. MindFreedom International is an independent non-profit uniting 100 sponsor groups to win human rights & alternatives in mental health. Accredited by the United Nations as a Non-Governmental Organization (NGO) with Consultative Roster Status. Join now! http://www.mindfreedom.org/join-donate "Human salvation lies in the hands of the creatively maladjusted." - Martin Luther King, Jr. _______________________________________________ Zyprexa-discuss mailing list Zyprexaemail@example.com http://lists.acm.jhu.edu/mailman/listinfo/zyprexa-discuss