UPDATED September 18, 1999
DETROIT, MI
September 18, 1999 ~ A full blooded and feisty BlueOvalNews.com
is back on-line and tougher than ever. On September 7, 1999 U.S. District Judge Nancy Edmunds issued her opinion stating "this case represents just one part of one skirmish - a clash between our commitment to the freedom of speech and the press, and our dedication to the protection of commercial innovation and intellectual property.......in this case the First Amendment wins."
The Honorable Ms. Edmunds did ban Robert Lane, Ford enthusiast and web-site creator, editor and writer-reporter, from destroying any Ford documents he might have. She further ordered him not to solicit information from Ford employees.
the WIZARD,fkap is most please with the outcome of this case, but mildly disappointed in the relative lack of support from other organizations normally on the forefront of "Freedom of Speech" issues. Robert Lane should be congratulated for winning this round of the fight. An abbreviated version of our news reports on this issue is printed below.
It should have been a "love feast." A young man, Robert Lane, pursues his hobby of Ford Motor Cars, especially the Mustangs and Cobras, and shares his love through a web site on the World Wide Web. He dutifully finds old photos, news articles and specs sheets and re publishes them on the Internet. Then he attracts a group of loyal followers, including Ford Motor Company employees.
His Web presence grows. He starts to republish complaints and "problems" about Ford cars from owners and aficionados. He gets "inside memos" including some Ford Motor Company believes were leaked, stolen, or maybe even sold by employees. And what started as a simple Fan Site becomes a thorn in Ford's side. And Ford decided to pull the thorn out.
Ford Motor Company won a temporary restraining order August 25th that shut down Lane's Web Site BlueOvalNews.com
Ford claims the site was revealing classified company information. Lane claims Ford was none to happy with the publication of customer complaints and negative product reviews.
On Monday, August 30th, the judge decided to allow Lane to resume the publication of the site, provided he complied with the portions of the restraining order prohibiting use of the contested material. Unfortunately for Lane, the contested material includes use of any Ford logos or photos.
HERE IS FORD'S APPROACH: The world's No. 2 auto maker filed a lawsuit in U.S. District Court in Detroit against Lane , and Warner Publications,the web site publisher, accusing them of copyright and trademark infringement. Naturally Ford can go after anyone that uses the word Ford or the logo in their publication. We've seen others do it before. But it seems to the WIZARD that this only happens when bad news or negative publicity is involved.
"Naturally it's a case of a big corporation stepping on the toes of middle-class America and the freedom of the press--the whole constitution without regard," Lane said. "Ford can sue me for money--that really means nothing to a humble man like myself--but I'll be dammed if Ford or any corporation is going to try and subvert the constitution."
It is quotes like the one above that is attracting the attention of CNN, NPR and other news organizations. The Wall Street Journal has followed the battle closely. Lane has recently acquired a lawyer from Nashville, Tennessee and is appealing on his web site for more "legal aid." But he is working the media. And he has attracted a lot of attention, even though the mainstream press is preoccupied with Waco and the New York Senate race.
Ford's Side of the Story
Curiously enough, Ford hasn't published any press releases about this issue on their company web site, Ford Motor Company Press Releases.
However we have a general overview of their position from their spokesman, Jim Cain, who has responded directly to the press.
Cain said the company had no problem with Lane's Web site writing about the auto maker. However, Lane is posting internal company documents on the Internet and offering to sell them, Cain said.
Lane has been posting the mostly product-related documents obtained from unknown employees, Cain said. Ford wants the site shut down and is seeking unspecified damages from Lane.
"He's been damaging Ford's business by revealing trade secrets," Cain said. "What's really unconscionable is the fact that he's soliciting Ford employees to leak documents and put their jobs on the line."
Cain said any employees identified as having supplied Lane with any company documents will be disciplined.
The War Escalates... War of Words that is
Lane stated, "I have currently decided that I WILL NOT present these documents to the court or Ford Motor Company. In response, Ford Motor Company will almost certainly have me jailed. . . .but lead me away in handcuffs and I'll starve myself in jail - even giving up my nursing schooling, which is of utmost importance to me. But isn't that an EXTREMELY small price to pay for freedom! Many people have given up a lot more to secure our freedoms, why should I be any different? I ask the news media, friends and supporters to join me Monday in solidarity and protection of our most sacred document - the United States Constitution - in Federal Court."
The WIZARD'S View: By the time the WIZARD checked out the site any information indicated sale of secrets had been removed. If he was "selling secrets" that is against the law and he should be prosecuted. But you notice Ford didn't take that approach.
But the way this looks to us Lane is on the right side of this issue. And Ford is flexing its muscle against the weak and unprotected. Lane's initially wild approach doesn't help his cause, but his lawyer has sharpen Lane's output and their arguments seem sound. Can you imagine The Washington Post revealing sources or turning over documents. Not without a legal war.
A lively news group discussion on this matter can be found at rec.autos.makers.ford.mustang
By far the best press coverage of this case is found (naturally) in The Detroit Free Press and articles by RACHEL KONRAD
