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December 01, 2003
Diebold backs down
Good news on both the free speech front and in regard to the electronic voting controversies - Diebold has backed down from it's threat to sue activists and others who have been distributing copies of their internal memos on the Internet.
A Diebold spokesman promised in a conference call Monday with U.S. District Judge Jeremy Fogel and attorneys from the Electronic Frontier Foundation that it would not sue dozens of students, computer scientists and ISP operators who received cease-and-desist letters from August to October.Diebold is reserving the right to sue others in the future if they feel it is necessary, and even though Diebold has backed down from their present threats of suits, the Electronic Frontier Foundation is still going to proceed with a suit it has filed against Diebold for their actions in intimidating web hosts and ISPs into removing the material in question.Diebold also promised not to file lawsuits against two Swarthmore College students and a San Francisco-based Internet service provider for copyright infringement, according to a motion that company attorneys filed Nov. 24 in San Jose's federal court.
"The implicit threat was, 'If you don't take this material down, we might sue,'" Seltzer said. "Without them ever needing to file a federal complaint, they got these documents taken down from a huge number of sites. It was a chill on free speech that stopped discussion of electronic voting issues without ever getting before a judge."
Posted by thorswitch at December 1, 2003 11:43 PM
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