EFF and Students Prevail in DMCA Decision Against E-Voting Manufacturer

by Sabrina I. Pacifici on October 1, 2004

EFF press release: “In a landmark case, a California district court has determined that Diebold, Inc., a manufacturer of electronic voting machines, knowingly misrepresented that online commentators, including IndyMedia and two Swarthmore college students, had infringed the company’s copyrights. This makes the company the first to be held liable for violating section 512(f) of the Digital Millennium Copyright Act (DMCA), which makes it unlawful to use DMCA takedown threats when the copyright holder knows that infringement has not actually occured. The Electronic Frontier Foundation (EFF) and the Center for Internet and Society Cyberlaw Clinic at Stanford Law School sued on behalf of nonprofit Internet Service Provider (ISP) Online Policy Group (OPG) and the two students to prevent Diebold’s abusive copyright claims from silencing public debate about voting…”

  • Decision, 16 pages, PDF
  • Background data and related postings on this case
  • , as well as this Wired article, Diebold Loses Key Copyright Case

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