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EFF/CIS victory

October 1, 2004 4:14 AM - comments (1)

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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.

Posted on October 1, 2004 4:14 AM | | technorati

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» Major victory in Diebold copyright matter from John Palfrey
About a year ago, Diebold Corporation brought legal action against a group of students and others who posted to the web an e-mail archive that described, among many other things, potential shortcomings in the company's electronic voting systems. [Read More]

Tracked on October 1, 2004 9:09 AM

» Unfounded infringement claims by copyright owner from The Volokh Conspiracy

lead to damages award against it. Larry Lessig reports:

EFF and CIS received news of a huge victory yesterday in the Diebold case. In an opinion...

[Read More]

Tracked on October 1, 2004 12:56 PM

» CNN Abusing DMCA Takedown? from Copyfight
Glenn Reynolds: "More Crushing of Dissent: Following in the footsteps of the New York Times, CNN has filed a DMCA complaint trying to shut down the National Debate over its CNN parody. CNN should be ashamed. And perhaps they should... [Read More]

Tracked on October 6, 2004 10:03 AM

» CNN Abusing DMCA Takedown? from Copyfight
Glenn Reynolds: "More Crushing of Dissent: Following in the footsteps of the New York Times, CNN has filed a DMCA complaint trying to shut down the National Debate over its CNN parody. CNN should be ashamed. And perhaps they should... [Read More]

Tracked on October 6, 2004 10:39 AM

Comments (1)

October 5, 2004 6:31 AM 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.

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