No subject

telling your friends down the pub this information. From a practical
perspective, if they took you to court over it they would not get far
(because whilst the litigant is able to interpret the order as broadly as he
or she likes, the courts interpretation is the binding one). The scope of
the injunction depends a lot on the wording, but the intent in this case is
to gag the media and other forms of mass publication - a judge is not very
likely (at least in my experience of civil litigation) to interpret it so
broadly.

In addition, if a judge did allow the litigation to go fully before the
courts there is great scope to argue that it is a violation of our right to
free speech.

Finally, if you are simply linking to already published information (i.e. on
Wikipedia) there is a fairly strong argument that you are not the publisher
of this information. Especially if you make no mention of the actual
information in the communication. As the intent is to suppress the data it
could be construed under "necessary communique" as part of complying with an
equitable remedy.

It is all a lot more complex than there is time for to go into in a single
email :) but the practical upshot of this is; do not be too concerned about
sending links to pre-published content that violates an injunction.

The press has put a lot of stress on the terrifying scope and danger of
these orders. There is danger (to society) in these things, and there is
something to be concerned about. But not on a personal level.

(IANAL; my interest in law is academic, but I have the good fortune to work
alongside a pile of lawyers, civil and criminal)

Tom

On 20 May 2011 23:34, geni <geniice at gmail.com> wrote:

> On 20 May 2011 23:33, Thomas Morton <morton.thomas at googlemail.com> wrote:
> > It's not publishing the info. It's fine.
>
> Err you are aware that the courts regard sending the information on a
> postcard counts as publishing?
>
> > The point is to stifle mass media.
>
> That doesn't mean that they are the only people the law applies to.
>
> --
> geni
>
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