October 1, 2004  ·  Lessig

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And neither did we.

EFF and CIS received news of a huge victory yesterday in the Diebold case. In an opinion released yesterday, the Court held 512(f) of the DMCA could be used affirmatively against the company for its baseless claims of copyright infringement brought against the Swarthmore students who posted memos from Diebold on the net. These are the same amazing students who then launched the Free Culture Movement.

  • http://www.gustavus.edu/+max/ Max Hailperin

    This case is interesting in that the order seems (to this layman) vulnerable
    on appeal, but highly unlikely to be appealed. The vulnerability comes from
    so rapidly reaching the conclusion of knowing misrepresentation because

    No reasonable copyright holder could have believed that the portions of the email archive discussing possible technical problems with Diebold’s voting machines were protected by copyright, ….

    Diebold is unlikely to appeal, however, because their interest lies in having
    as little publicity as possible, not in the outcome.