info to go out in English, was Re: [Imc-uk-process] IMC UK Receives Legal Threats

[ana]

SUMMARY:

EDO MBM is an arms company an article was posted on imc-uk which _they_ 
claim defamed them. EDO MBM have
contacted lawyers, who have sent an email to imc-uk-contact.

this email demands that "[imc-uk] remove[s] all material from your 
website which is defamatory of our client and that, within 14 days of 
the date of this letter, (by 18th February 2005), you return to us the 
enclosed draft Undertaking, typed on your letterhead."

IMC UK has roughly decided that is not going to comply because standing 
by the postings is what indymedia is about. Some individuals have 
already mirror-ed these articles on their own servers, in solidarity 
with iMC UK and in defiance, so that this company needs to sue more 
people round the world. However this may mean to take a personal risk.

Not complying with this means that they will try and get a judge to 
decide that all servers that mirror that information take it down or 
else face criminal consequences.

Indymedia UK is preparing to face any legal action to defend freedom of 
speech and the right of interested people to investigate the activities 
of manufacturers of weapons, and the right of the public to be informed 
of these investigations and the actions taken against such manufacturers.

LONG VERSION:

The posts asked to be removed:

www.indymedia.org.uk/en/regions/london/2005/01/304430.html
www.indymedia.org.uk/en/regions/london/2005/01/303499.html
www.indymedia.org.uk/en/regions/london/2005/01/304182.html
www.indymedia.org.uk/en/regions/london/2005/01/304521.html


Some links to know about this company:

http://www.rpc.co.uk/main/default.asp?p=15&c=230
http://www.mbmtech.co.uk/
http://www.flightdailynews.com/singapore2004/02_26/defence/edo.shtm
http://www.mbmtech.co.uk/wsas.html
http://www.providence.edu/mba/goodrich/war/surgical/
http://www.washingtonpost.com/wp-dyn/articles/A36897-2002Dec10.html
http://defence-data.com/eft/eftpage44.htm
http://static.highbeam.com/m/m2presswire/february192004/airbornestrike26thand27thapril2004thehattonlondons/

The letter sent to imc uk contact:

|Dear Sirs,     |
|     |
|EDO MBM TECHNOLOGY LIMITED     |

We act for EDO MBM Technology Limited.

Our client has become aware of false and defamatory information about our
client that has been posted on your website at www.indymedia.org.uk.

We refer in particular to the statements that our client "war-mongers", is
"complicit in the deaths of innocent people" and makes "things to kill
children" and to the comments posted on your website which are falsely
ascribed to Paul Hills and David Jones of EDO MBM Technology Limited.
Furthermore, you publish the names and private addresses of MBM EDO
Technology Limited employees and comments which actively encourage readers
to target these individuals, who are described as a "Mass Murderer at
large" and "Masochistic".

These statements are false and highly damaging to our client's reputation
and the reputation of it's employees.  Our client manufactures weapons
interfacing systems and deals only with reputable customers.  Our client
takes this matter very seriously and is minded to commence proceedings
against you for libel, seeking an injunction, damages and costs.

Our client is, however, prepared to try and settle this matter without
recourse to the courts on the condition that on or before Monday 7th
February 2005 you remove all material from your website which is defamatory
of our client and that, within 14 days of the date of this letter, (by 18th
February 2005), you return to us the enclosed draft Undertaking, typed on
your letterhead.
If you do not comply with this request within the time specified our client
reserves its right to commence court proceedings against you without
further notice, claiming an injunction and damages and all other reliefs to
which it is entitled.  Provided that you comply with our client's
requirements, our client will refrain from commencing proceedings against
you for libel in respect of your unlawful activities to date, although, of
course, our client reserves all its rights in the event of any breach by
you of the undertaking.

We look forward to hearing from you as a matter of urgency.

Yours faithfully,



REYNOLDS PORTER CHAMBERLAIN

                        DRAFT UNDERTAKING TO BE TYPED
                      ON THE LETTERHEAD OF INDYMEDIA UK

EDO MBM Technology Limited
C/o Reynolds Porter Chamberlain
Chichester House
278-282 High Holborn
London
WC1V 7HA




Dear Sirs

In consideration of you not commencing proceedings against us for libel for
defaming EDO MBM Technology Limited in the manner set out in the letter
from Reynolds Porter Chamberlain dated 3rd February 2005 we, Indymedia UK,
hereby undertake that we will not in the future (whether acting by
ourselves, our employees or agents or otherwise howsoever) publish
defamatory statements relating to the activities of EDO MBM Technology
Limited, including, without limitation, those statements complained of in
Reynolds Porter Chamberlain's letter of 3rd February 2005 or words to a
similar effect.


Yours faithfully,

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