The Cyberlaw Clinic won a landmark free speech ruling today on behalf of two Swarthmore college students. The students had published 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. Diebold got the notices taken off line using the Digital Millennium Copyright Act (DMCA). The San Francisco federal court held that copyright owners will be penalized for using the Digital 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.
Free Speech Victory!
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