Just a few weeks, I did a blog entry looking at the stupidity of the courts in dealing with Wikileaks. The case arose from a complaint from Swiss bank Julius Baer which had filed a lawsuit claiming Wikileaks had received, and published, stolen documents from a former employee.

In years to come, this case will go down as a textbook example of the difficulties the law has when it comes to technology.

And what an example it will be!

Earlier this week, Judge Jeffrey White reversed his earlier decision to close down the site, conceding that his original ruling might have violated freedom of speech. He has also admitted that his bone-headedness probably made the situation even worse for the plaintiffs. "The private, stolen material was transmitted over the internet via mirror websites which are maintained in different countries all over the world. Further, the press generated by this Court's action increased public attention to the fact that such information was readily accessible online," the judge said. "In addition, there is evidence in the record that 'the cat is out of the bag' and the issuance of an injunction would therefore be ineffective to protect the professed privacy rights of the bank's clients."

Now Julius Baer has finally decided to withdraw the lawsuit, reports the New York Times.

What's more important though is the message that this case sends companies trying to shut down web sites, and for that matter other judges. It's a warning that they should proceed with extreme care.