"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."
U.S. Federal Judge
Nancy Edmunds.
"Judge Edmund's order
should be considered a precedent that underscores the fact
that the First Amendment, which protects traditional media
like print and television, also covers speech in
cyberspace."
The
Wall Street Journal.
"Ford's fight against
BlueOvalNews.com probably will establish some legal
parameters for the internet and other news media. It could
also redefine some boundaries for traditional media...the
internet is so quick and widespread and because we are all
so dependent on that flow of information, Ford .vs.
BlueOvalNews.com has huge implications for all of us."
Edward Lapham,
Crain Communications.
"It is the first in
which a court applies directly to someone using a Web site
the same body of law that the First Amendment has been held
to establish elsewhere."
Floyd Abrams,
First Amendment Attorney.
"Privately, some Ford
officials have wondered how the case, which was intended to
protect its copyrighted information, blew up into a First
Amendment issue."
Joseph Cabadas,
News Director, U.S. Auto Scene.
Pictured
left to right: Elisabeth Elliott, BlueOvalNews interim
publisher Robert Lane and Nashville,TN attorney C. Mark
Pickrell in front of the U.S. Federal Court house in
Detroit, Michigan.
Highlights
Cronkite,
Jennings, Koppel join defense
• Court
documents
• Ford
quits
• Press
coverage
Chronology
December
1989
Warner Robert
begins publishing printed matter in Florida.
February 1998
Our first Web based magazine, FordWorldNews.com in
launched Dearborn, Michigan. The basic platform is to
publish information regarding Ford Motor Company's products,
people, culture, trade secrets, consumer advisories and
other news the main stream media was not
offering.
August 1998
Ford Motor Company public affairs asks us to change our
name because it's too close to their internal publication,
FordWorld.
October 1998
BlueOvalNews.com is launched. The publication of material from Ford's internal and confidential documents begins to appear. The publication of Ford's trade secrets would soon follow creating a firestorm of controversy.
January 1999
FordWorldNews.com and BlueOvalNews.com are merged together.
12 July 1999
12:00AM, est: BlueOvalNews breaks the story on the 1999
Cobra Mustang's problems in an article compiled from
confidential internal Ford documents. At 4:55 pm Ford Motor
Company's legal department requests that we pull the Cobra
article down. We refuse. A meeting is scheduled with Ford
legal for 8:00am the next day. Note:
The article forced Ford to recall the Mustang within weeks
of its publication. The 2000 model was
canceled.
13 July
1999
At 8:00am meeting with Ford, their legal department
requests that we remove all references from confidential
Ford internal memos regarding the 1999 Cobra article. We
refuse. The article stands as originally
published.
27 July
1999
BlueOvalNews publishes an article titled "Green it
isn't, black it is". It questions Ford's reason for wanting
the Federal government to drop their mandatory CAFE
requirements. Ford claims that they could do a better job if
they can police themselves; however, BlueOvalNews obtains a
confidential internal Ford document stating that an all new
2002 engine will be banned in three states by 2007 because
it cannot meet certain emission standards.
UPDATE
2003: Ford cancels engine because it cannot meet upcoming
emissions requirements.
24 August 1999
Ford notifies BlueOvalNews.com that they
intend
to file a Federal lawsuit late in the
afternoon. Ford's
lawsuit claims: 1) Statuary conversion, 2) Copyright
infringement, 3) Trademark infringement and 4) Interference
with Ford employees.
25 August 1999
The case is assigned to U.S. Federal Judge Nancy
Edmunds; however, in her absence Judge Robert Cleland signs
Ford's Temporary Restraining Order. Ford indicates that they
intend to obtain a permanent injunction against
BlueOvalNews.com within the next several days.
26 August 1999
A large media campaign begins that includes CNN, Detroit
Free Press, Detroit News, The NY Times, MS-NBC, The Wall
Street Journal and the BBC. We believed that Ford's lawsuit
was a prior restraint on pure free speech and had serious
First Amendment implications.
27 August 1999
Ford Motor Company takes it upon themselves to send our
ISP (Internet Service Provider) a letter late Friday
informing them that we are violating the court's TRO - even
though the court had not heard the case and; therefore, did
not issue a ruling. <Detroit
Free Press>
Since Ford contacted our ISP LATE Friday, the web site was
taken down for the entire weekend. Ford denied to the media
that they had anything to do with our site being down;
although, they later admit in Federal court that they did in
fact play a pivotal role in taking the site down.
Nashville, TN attorney Mark
Pickrell to defend BlueOvalNews in U.S. Federal
court.
30 August 1999
Ford Motor Company asks Judge Edmunds to
ban
BlueOvalNews.com permanently.
September
1999
The Federal Bureau of Investigation (F.B.I.) informs
BlueOvalNews that Ford Motor Company is allegedly hacking
into our web servers.
Case #99-74205 is presented
before the Honorable Nancy Edmunds. Ford presents evidence
showing our news breaking
1999 Cobra and E.P.A. articles. BlueOvalNews attorney Mark
Pickrell argues that the TRO and Preliminary injunction
violate the First Amendment and are
Unconstitutional.
Ford admits
that they in fact contacted our ISP. Judge Edmunds orders
Ford to bring us back on-line immediately. (Full
court transcripts).
07 September 1999
Judge
Edmund's rules in favor of
BlueOvalNews.com.
The case established a First Amendment precedent. It also
determined that the Michigan Uniform Trade Secrets Act,
passed in 1998, was not valid under the U.S. First
Amendment. The opinion
can
be found here.
09 September 1999
Two days after our victory in Federal court, Ford Motor
Company issued a recall of the 1999 Cobra Mustang. Later in
2003, Ford cancelled the engine we claimed could not meet
upcoming Federal emission standards. . .because it could
not. Interestingly, both articles were the principle reasons
as to why Ford filed suit against us.
30 September 1999
BlueOvalNews files three lawsuits against Ford Motor
Company in U.S. Federal court.
06 October 1999
After BlueOvalNews won the right to continue publishing
in U.S. Federal court it was reported that Ford spokesman,
Terry Bresnihan said "We believe what the judge did gives us
adequate protection for our property while at the same time
preserving Mr. Lane's First Amendment rights." Ford's belief
in this site's First Amendment rights lasted a whole 28 days
as they filed an appeal
to the U.S. 6th circuit Court of
Appeals.
30 November 99
Walter Cronkite, Peter Jennings, Tom Brokaw, Dan Rather
and other members of the The
Reporter's Committee for Freedom of the
Press
to join
BlueOvalNews' defense against Ford's
appeal.
07 December 99
The A.C.L.U.
joins BlueOvalNews' defense against Ford Motor Company's
appeal.
06 January 00
Ford
withdraws
their appeal to the U.S. Sixth Circuit Court of
Appeals.
01 April 2000
BlueOvalNews.com domain name is used under license and
is published on a monthly basis by
WarnerRobert.com
May 2000
BlueOvalNews.com critic Steve Blake (former FordNews.com
owner) joins BlueOvalNews.com as the Managing Editor. Ford
Motor Company objects and calls Blake's employer who
threatens to fire him unless he stops writing for the site.
Steve Blake quits and sells FLMdealer.com to
BlueOvalNews.com for 1 penny. Detroit
News.
FLMdealer.com is integrated with BlueOvalNews.com
02
January 2001
Ford
Motor Company drops their lawsuit against
BlueOvalNews.com
Comments
by BlueOvalNews Attorney C. Mark Pickrell
11 July
2001
BlueOvalNews
helps put an end to Ford's
controversial
diversity campaign.
Ford
modifies Ford rating policy.
20 March
2001
BlueOvalNews Editor Steve Blake resigns after Ford raises
objections to the Greenleaf article he co-authored. Ford
wanted a complete retraction of the article; however
publisher Robert Lane refused until Ford cooperated in an
investigation. Ford refused. The article remained as
originally published.
07 May
2001
The U.S.
Government, along with Florida, New York and Georgia request
copies of Ford documents in our possesion in regard to our
Greenleaf article.
08 May
2001
Florida
Attorney General's Office issues
subpoena
for
internal Ford documents
regarding
1999
Ford Cobra SVT Mustang.
01 May 2005
Ford and BlueOvalNews to work together.
Court
Documents:
Ford
informs BlueOvalNews of impending
Lawsuit.
Court
Transcripts
Judge
Edmund's Opinion
(PDF
Format)
Legal document downloads
(PDF Format)
Stipulated dismissal
Stipulated
permanent injunction
Press
Coverage:
Many of
the original articles are no longer available
on-line.
25 Aug
1999:
Ford
plays chicken with web site.
ZD NET
25 Aug
1999:
BlueOvalNews.com
bows to Ford for now.
ZDN ET.
26 Aug 1999:
Ford
sues over website saying it leaks
secrets.
Detroit Free Press.
29 Aug
1999:
Web
site with classified Ford documents vanishes from
internet.
Associated Press.
29 Aug 1999:
Ford
driving BlueOvalNews to
court.
ZD NET.
29 Aug
1999:
Can
big guys rule the web?
Wall Street Journal
07 Sep 1999:
BlueOvalNews
wins in court.
Wired.
13 Sep 1999:
Ford
loses suit against
Webmaster.
The Register.
20 Sep 1999:
Posting
of internal corporate documents on the Internet
allowed.
The Reporters Committee for Freedom of the Press
29 Dec 1999:
DVD
authorities cited in oral
argument.
Court Docs.
19 Jan 2000:
Ford
abandons appeal in Internet publication of company
documents.
The Reporters Committee for Freedom of the Press
2000:
Protecting
trade secrets after mass dissemination on the
internet.
Washington University Law Quarterly.
06 Apr
2000:
Consumers
turn web into weapon of war.
Detroit News
30 May
2000:
Automakers
fight cyberpirates.
Detroit News.
19 Jan
2001:
Ford
Motor Company settles with web
publisher.
Detroit News.
16 May 2001:
Ford's
controversial diversity
campaign
WorldNetDaily.
18 May 2001:
BlueOvalNews,
Ford at odds again.
Detroit
News.
11 July
2001: Ford
modifies Ford rating policy.
WorldNetDaily.
We stopped
adding news clip references.
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