October 01, 2004
COPYRIGHT: Key Case Decided
Wired News reports a California judge's ruling this week that Diebold Election Systems misused the Digital Millennium Copyright Act when it issued cease-and-desist letters, threatened litigation, and demanded damages and fees from Swarthmore students who posted and linked to internal company memos concerning security flaws in its voting system.
A provision of the act makes it unlawful to use the DMCA to demand takedown of an item when the copyright holder knows that infringement hasn't occurred.
EFF cites this as an important ruling that will help encourage colleges and ISPs to stand up to false threats, rather than give in to them out of fear of litigation.
Posted by Joanne Tzanis at October 1, 2004 11:28 AM
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