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Diebold Rejected in Copyright Takedown Attempt

Posted by michael on from the worm-turns dept.

JimMarch(equalccw) writes "Our favorite crooked voting company Diebold has lost a MAJOR copyright case (click for ruling here or description here). Short form: Diebold's internal documents (key excerpts here and here and here) and code were floated all over the 'net last year, showing all kinds of horror. Diebold filed cease'n'desist notices under the DMCA (such as mine linked here); a court has now ruled that Diebold wrongfully abused the DMCA by issuing these takedown notices about materials that they knew were not covered by their copyright."

2 of 172 comments (clear)

  1. Re:Sweet by 91degrees · · Score: 5, Informative

    Erm... This isn't a chink in the DMCA. It's an exception written into the law to prevent abuse of the the legislation.

    Unusually for a DMCA story, this part of the law is being used in exactly the way it was intended.

  2. No penalty of perjury by Guanix · · Score: 4, Informative

    This issue was covered in a Slashdot interview with a DoJ lawyer a while ago. DMCA does not require the statements about infringement in notices to be made under penalty of perjury. Only the statement that the issuer is a representative of the copyright holder is made under penalty of perjury.