The Cyberlaw Clinic won a landmark free speech ruling in OPG v. Diebold today. Diebold erroneously claimed that our clients, two Swarthmore college students, and the Electronic Frontier Foundation's client, a local ISP, had infringed the company's copyrights by hosting or publishing internal memos that showed that the company knew its evoting machines did not work properly and were hiding this fact from county elections officials around the country. The court held that copyright owners will be penalized for using the Digital Millennium Copyright Act (DMCA) to essentially get a prior restraint against speech that the owner knows is not copyright infringing. This is the first ruling interpreting section 512(f) of the notice and takedown provisions of the DMCA. Click here for the press release.
Free Speech Victory!
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