Our attorneys inform us you and everyone else have already been
talking to them. ;)
PS: We <3 the EFF, too.
On 1/4/07, David Oaks <[EMAIL PROTECTED]> wrote:
> 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:
> > 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