Victory in Diebold
After a rather long delay, the judge in the Diebold case (previous coverage here, here, and here) ruled against Diebold on every major issue. This is great news, and Wendy’s post at Copyfight sums it up pretty well.
This is the first opinion I can think of that has found that a copyright holder “knowingly materially misrepresented” that a copyright was infringed when there was, in fact, copying of a copyrighted work, but the copying was obviously fair use. This requires copyright holders, for the first time, to go through some kind of low-level rational fair use analysis before sending a DMCA takedown notification. This is very, very good, even though it seems unlikely to be applied in cases where the facts are even a little better for the copyright holder.
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Major victory in Diebold copyright matter
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.
Trackback by John Palfrey — October 2, 2004 @ 9:48 pm
Just listened to NPR’s coverage of this story on the radio. It is kind of cool to have read it here first and know people from EFF!
Comment by Mariah — October 4, 2004 @ 4:54 pm