Our attorney advises you and everyone else to consult their own
We've put up update 20, though it will probably change:
It has the third TRO that Eli Lilly attorneys are probably referring to.
On Jan 4, 2007, at 11:11 AM, David Weekly wrote:
> [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.
> David Weekly
> CEO of PBwiki
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