Diebold Folds In DMCA E-Voting Lawsuit

[Caution]

sunbird writes "Diebold has filed a responsive pleading (PDF) in the lawsuit brought by the Electronic Frontier Foundation to challenge Diebold's practice of using the DMCA to suppress discussion of the critical flaws with electronic voting. Diebold states that it has "decided to withdraw its existing DMCA notifications and not to issue any further ones . . . ." Other recent developments include: this transcript of the court hearing on EFF's application for a preliminary injunction and Dennis Kucinich's linking to Diebold memos from his webpage at the U.S. House of Representatives. Stay tuned- the judge has scheduled a status conference for this Monday in the case."

http://yro.slashdot.org/yro/03/11/27/050218.shtml?tid=123&tid=126&tid=172&tid=93&tid=99

Link to the responsive pleading:
http://cyberlaw.stanford.edu/about/cases/DieboldResponse.pdf

Big victory folks. The above slashdot article contains links to many resources.

[leftchick]

1. thanks for the great news!

:)

[NJCher]

2. this news makes my day!

Cher

[NashVegas]

3. Woo-hoo!

..

[dusty64]

4. Excellent!

x

[havocmom]

5. Perfect post for Thanksgiving!

A big reason to give thanks... then get back to the work of kicking the Corporate Criminals out of The People's House and the Halls of Congress.

A toast to all the evil Duers who roll up their sleeves to save America every single day :toast:

[xchrom]

6. well after the medicare debacle

i really needed something like this -- thank you.
maybe -- just maybe -- we'll nail them for illegal vote tampering.
i can dream, can't i?

[AP]

7. I'm gonna pat myself on the back on this one...

...I said months ago when this first came up that Diebold had no copyright infringement arguments at all over this stuff.

It wasn't even copyright infringement. Fair use applies. They were trade secrets, and once they were out in the public, the only thing Diebold can do is go after the person who leaked them (or hacked them). But, even if they were hacked, once they're in the public domain, game's over.

Of course, look for congress to pass a law that says that would make this kind of thing against the law.

In fact, I'd write my congresspeople and ask them to stand guard against any attempts at passing that kind of legislation.

[DrBB]

8. Here's a bit of context for those who haven't been folllowing this

Anyone more knowledgeable, please correct me, but since it took me a while to figure out what this was about I figured SOME kind of context would be useful for others as well. To wit...

Diebold has been issuing cease and desist orders to websites that have been mirroring those internal Diebold emails that went high wide and handsome a couple of months ago. These are highly interesting, if not incriminating memos about the weird voting mishaps on their machines in Florida during the 200 election and more. What's happened now is that Diebold has issues a statement saying they will NOT issue any more c & d's--they're waving a white flag on this issue.

Very good news indeed.

[shirlden]

9. Not celebrating yet.

Everyone believed from the git-go that Liebold did not have a case and were just intimidating people. They could not go to court and be submitted to cross exam. That would bring out too much info they sure as hell do not want out. They folded to protect themselves and this still does not get a ruling on whether they used DCMA illegally or not.
Hopefully this will give others the incentive (Bev) to sue them. Will be interesting to see what happens in the conference. This is not over yet.

:kick:

[loudsue]

10. Gobble-gobble!! Giving Thanks!! Happy Thanksgiving, DUers!!

Thanksgiving is a holiday started by the colonies...Democracy, too, was started by the colonies....

It's time to realize we need to start back at the beginning with our ideas of freedom from tyranny

Main Entry: tyr·an·ny
Pronunciation: 'tir-&-nE
Function: noun
Inflected Form(s): plural -nies
Etymology: Middle English tyrannie, from Middle French, from Medieval Latin tyrannia, from Latin tyrannus tyrant
Date: 14th century
1 : oppressive power <every form of tyranny over the mind of man —Thomas Jefferson>; especially : oppressive power exerted by government <the tyranny of a police state>
2 a : a government in which absolute power is vested in a single ruler; especially : one characteristic of an ancient Greek city-state b : the office, authority, and administration of a tyrant
3 : a rigorous condition imposed by some outside agency or force <living under the tyranny of the clock —Dixon Wecter>

If we're going to continue our battle, the voting machine fiasco being sold to this country has to come to a screaching halt immediately. We've only got a few weeks before the primaries start. Do we want Diebold determining who our candidate is going to be??

I think NOT!! We need to get to work, in full force, educating our State representatives on this issue RIGHT NOW!! We need some type of emergency measures for the upcoming elections.

This is great news about Diebold backing down, but indeed we do need to make sure this isn't just a way for them to go around to our elected officials with their million-dollar lobbyists, and get EVEN MORE legislation passed that endorses the theft of our elections.

:kick:

[goforit]

11. This is a step in the right direction. Hope Sen. Hagel looses his shirt.

Would love an investigation on this bozo too.

Nothing like starting at the grass root area to get to the top
of the pyramid.

Time will tell.

[Baconfoot]

12. Thought: Maybe Diebold is afraid of what might come out in discovery?

:scared:

[Zhade]

13. FUCK YOU, DIEBOLD!

This is a vindication for those of us who got the smackdown from these assholes.