I checked and it now appears that 1) the wiki in question is now in
compliance with the court order, 2) participants do intend to
challenge the constraint in court, 3) Eli Lilly attorneys slipped in
the extra-broad language in the new restraining order, and it's being
challenged by a letter today... the original intent of the judge was
about specific downloading and dissemination, 5) the wiki does not
download the documents and does not facilitate the download.
I can't speak for the wiki in question, I don't own it, I have not
posted any info facilitating dissemination of any files... and I have
no idea how to use Tor.
On our MindFreedom web site we have updated info about challenging
Eli Lilly's newest and overbroad temporary restraining order.
According to anonymous reports, at least one individual has broken up
the huge file of Eli Lilly and is simply e-mailing it out... this
individual is not one of those named in the lawsuit.
Major media are also asking for copies.
MindFreedom itself is not disseminating, and we can only speak for
ourselves... also we have this disclaimer, which applies to all of
our work on this:
Updated Disclaimer by MindFreedom:
At the advice of MindFredom International's attorney Ted Chabasinski,
MindFreedom is complying with the Temporary Restraining Order signed
4 Jan. 2007 by Judge Weinstein of U.S. District Court. MFI has not
and is not disseminating Eli Lilly documents regarding its
psychiatric drug Zyprexa. MindFreedom has never posted these
documents on its web site. By this news alert, MindFreedom is
providing a link to a copy of the 1/4/07 TRO to any and all who may
have these documents. MFI is not posting information to websites to
facilitate dissemination or downloading of Eli Lilly documents about
The only bizarre argument -- totally outlandish but in this 'fear
factor' era could be raised conceivably -- is that even MENTIONING
the EFF Tor network has the Zyperxa files is somehow conceivably
'facilitating dissemination.' We reject that. First of all, we at
MindFreedom have no idea how to use Tor, so how the heck can we
facilitate it? But second, you're really getting into first amendment
If you have a piece of paper, and the court orders you to keep it
secret, that's one thing... you could not for instance mail it.
But to even talk about the existence of these pieces of paper in a
general sense? That would definitely squash first amendment rights,
and was not in the intent of the TRO's, including based on the
MORE DISCLAIMERS: I'm not an attorney, this isn't legal advice, for
legal advice seek an attorney.
But bottom line -- it can reasonably be argued that the wiki (whoever
owns it, we don't) appears to be in compliance at this time. PLUS a
participant (if not owner -- hopefully the owner will!) intends to
challenge the TRO.
On Jan 4, 2007, at 3:41 PM, David Weekly wrote:
> 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
>> > 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
>> > 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
>> > 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
>> > 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
>> > 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
>> > 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.
David Oaks, Director
454 Willamette, Suite 216 - POB 11284
Eugene, OR 97440-3484 USA
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.
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