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Diebold Loses Copyright Case Against San Francisco ISP
10/06/2004
Diebold CEO Walden O'Dell Electronic voting machine maker Diebold, Inc., on September 30th was [PDF]ordered to pay damages to the San Franciso Bay-Area IMC (Indybay)'s internet service provider, OPG, as well as students at Swarthmore College in Pennsylvania, for falsely threatening both under the Digital Millenium Copyright Act.

The false charges originated in September of 2003, when some 13,000 internal Diebold memos that suggested that the company's voting machines were flawed were widely circulated, on the San Francisco Bay Area website, by the students at Swarthmore, and other IMCs including Pittsburgh IMC. The US District Court judge who made the decision said that not only had Diebold misused the DMCA, "Plaintiff's and IndyMedia's use [ of the documents ] was transformative: they used the email archive to support criticism that is in the public interest."

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