The federal judge hearing the case saw it as part of a beginning in the battle to balance free speech and intellectual property rights online. But BlueOvalNews.com can keep posting secret Ford product information, says the judge - though the Web site must reveal its sources for the damaging material.
And the ruling could have considerable ramifications for other Web sites which also discuss problems and even inside information about a company and its products - any company and any products, mostly.
BlueOvalNews.com got into trouble by posting internal Ford documents which included details about coming engines and problems with the Cobra sports car. But, dismissing a 25 August restraining order, federal judge Nancy Edmunds ruled that banning BlueOvalNews.com's publisher, Robert Lane, from disclosing the confidential documents would restrain his free speech rights illegally. But Reuters says Edmunds also granted Ford an injunction stopping him from copyright infringement.
``The courts have steadfastly held that the First Amendment does not permit the prior restraint of speech by way of injunction, even in circumstances where the disclosure threatens vital economic interests,'' Reuters quoted Judge Edmunds's decision as saying.
Ironically, Lane began the site with Ford blessing as a forum for articles about the Mustang - but he began receiving anonymously confidential Ford papers last year.
Ford had accused him of violating laws prohibiting disclosure of trade secrets and acting maliciously in publishing them, Reuters says. Edmunds ruled concurrently that Ford had shown substantially Lane violated the Michigan Uniform Trade Secrets Act, the wire service continues.
Ford has not decided whether to appeal the ruling but they are reportedly investigating how the documents were leaked to Lane.
